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Trump Unleashes His Secret Police in Portland

‘Donald Trump’s war on protesters is escalating, with reports emerging out of Portland, Ore., that federal law enforcement officers, wearing camouflage but without any other visible insignia, have been rounding up American citizens. On Thursday, Oregon Public Broadcasting (OPB) reported that “federal law enforcement officers have been using unmarked vehicles to drive around downtown Portland and detain protesters since at least July 14. Personal accounts and multiple videos posted online show the officers driving up to people, detaining individuals with no explanation of why they are being arrested, and driving off.”

OPB quotes one person who was arrested by these officers, although never charged. “I am basically tossed into the van,” Mark Pettibone told the broadcaster. “And I had my beanie pulled over my face so I couldn’t see and they held my hands over my head.” He was taken to a building that he later discovered was a federal courthouse. Only there was he read his Miranda rights, but he was never charged. After he asked for a lawyer, he was released. Videos are circulating on social media of similar detentions.

“It’s like stop and frisk meets Guantanamo Bay,” attorney Juan Chavez told OPB. He added that these detentions were not following any rules of probable cause. “It sounds more like abduction. It sounds like they’re kidnapping people off the streets.”

On the face of it, what these federal officers are doing is illegal and unconstitutional. It’s possible that they are acting under the 2011 National Defense Authorization Act, signed by Barack Obama, which legalized the detention of Americans suspected of being terrorists. If so, then the War on Terrorism has truly come home….’

— via The Nation

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Police keep using ‘excited delirium’ to justify brutality. It’s junk science

 

Placard of 23-year-old Elijah McClain, dead in 2019 after he was stopped while walking to his apartment by three Aurora Police Department officers. 

‘Across the United States, police officers are routinely taught that excited delirium is a condition characterized by the abrupt onset of aggression and distress, typically accompanying drug abuse, often resulting in sudden death. One 2014 article from the FBI’s Law Enforcement Bulletin describes “excited delirium syndrome” as “a serious and potentially deadly medical condition involving psychotic behavior, elevated temperature, and an extreme fight-or-flight response by the nervous system.”

How often is excited delirium invoked? It’s unclear, but in Florida at least 53 deaths in police custody were attributed to it over the past 10 years. One study showed that 11 percent of sudden unexplained deaths in police custody in Maryland from 1990 to 2004 were attributed to excited delirium. The American College of Emergency Physicians published a controversial position paper in 2009 stating its consensus that excited delirium is a valid disease, associated with a significant risk of sudden death.

But excited delirium is pseudoscience. It’s not a concept recognized by the American Medical Association or the American Psychiatric Association. It isn’t a valid diagnosis; it’s a misappropriation of medical terminology, and it doesn’t justify police violence…

Excited delirium implies that there is a medical condition that predisposes certain individuals, often black men, to die in police custody. It draws upon aspects of real medical conditions such as delirium, psychosis, drug intoxication and sudden cardiac death. But it manipulates them to form a broadly applicable blanket diagnosis that serves the interests of law enforcement and absolves officers of accountability….’

— @MeabhOHare, @JoshuaBudhu, @AltafSaadiMD via The Washington Post

As an emergency and consultation psychiatrist who is routinely asked to see cases of delirium, I concur and am adding my name to those authoritatively attempting to refute this racist trope. 

Link

File this away in case you want to get away with murder

‘THE 50-SQUARE-MILE STRETCH OF YELLOWSTONE NATIONAL PARK that spills over Idaho’s border is a legal no-man’s land. It’s an isolated spot, one devoid of roads or any permanent human inhabitants. It’s also missing legislation to prevent people from being charged with serious crimes.

The loophole has to do with the Sixth Amendment, which dictates that a jury must be comprised of people from the state and federal district where the crime was committed. Because this portion of Yellowstone is in Idaho and the park itself lies within the jurisdiction of Wyoming, it means a jury for a crime committed there would have to come from people who both live in Idaho and fall under Wyoming’s federal jurisdiction.

It would be an impossible jury to form, as this uninhabited part of the park is the only place to fit such criteria. And since Yellowstone is federal land, the individual states involved have no legal jurisdiction to amend the issue.

Brian Kalt, a law professor at Michigan State University, brought the loophole into the spotlight in 2005. In a paper published in Georgetown Law Journal called “The Perfect Crime,” Kalt outlined the legal technicalities that put this potentially murderous geographic anomaly on the map. He sent copies of his work to various government authorities before it hit print, hoping someone would close the loophole….’

— via Atlas Obscura