Why Holding Feds Accountable is (ALMOST) Impossible
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- Опубліковано 27 вер 2024
- If a federal official violates your rights, is it impossible to hold them accountable? In this episode, we talk with IJ senior attorneys Anya Bidwell and Patrick Jaicomo, leaders of IJ’s Project on Immunity and Accountability. We discuss some outrageous cases of abuse by federal officials, why it’s so hard to sue the Feds, and what IJ is doing to clear a path to justice.
LINKS:
Audio only version of this episode: ij.org/podcast...
Become a monthly donor: ij.org/support...
Project on Immunity and Accountability: ij.org/issues/...
Bivens: supreme.justia...
Hamdi’s Case: ij.org/case/ta...
About Beyond the Brief:
Hear about the cases, issues, and tactics advancing IJ’s fight for freedom-directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how-and why-we do what we do.
PLEASE file a suit to remove qualified immunity from EVERY public servant, state and federal.
The day qualified immunity is removed would be the rebirth of our country
Have you looked at that maybe it should be flipped? By that, I mean that the government employee has to prove that he/she deserves it.
And then what? People bring suits against Judges and Officers.... TO THEN be judged by those SAME Judges, in courtrooms which they control.
You guys just don't get it; Our legal system has failed at the LOCAL COURT AND POLICE LEVEL. JUSTICE CANNOT BE EXERCISED NOWADAYS. IT'S OVER.
Vanishingly very few jurisdictions still operate in accordance with the Rule of Law.
We're at the point where Judges and Police will need to be forcibly arrested and tried by a posse of motivated locals.
Can't wait another 30 years for you fluoride zombies to figure that out.
@-_----- So what is your solution then????
Hello. Read Saucier v Katz and Pearson v Callahan supreme court precedent on immunity. Any government officials violating a clearly established constitutional right have no immunity. Great read. Enforcement of that precedent, now that would be interesting.
Giving government no accountability is a great way to make the people get justice themselves.
I thought government was supposed to be held to a higher standard🤦🏻♂️
I love Judge Green from WVA. He has gotten justice directly for over 300 years.
Exactly
No government employee should have immunity to do whatever they want and get away with it.
immunity to do whatever he wants.
When accountability cannot be had in a courtroom, it will be sought outside of a courtroom. In other words, when a judge says you have no recourse in law, that does not mean you have NO recourse. It simply means the alternative is recourse that lays outside the law.
I've been putting it this way. Lawyers like to joke "Justice? Sure. How much justice can you afford?"
This is America. You can get a gun for under 500 dollars. It's like they want use to use the alternative recourse.
We have a duty to one another to uphold the constitution
@@danielboone8435and then they’ll put you in prison for getting justice yourself
@@jokerpilled2535 Yeah. Some people are more than willing to accept that. And that number is increasing. Do you now understand the problem?
@@danielboone8435 ofc, but how are we gonna solve the main problem? I doubt they care whether we get justice or whether we get locked up.
Is anyone really shocked that the government gave themselves immunity?
The government decides how the government will be punished when the government breaks the rules.
gave, to itself, immunity.
Any law denying citizens rights is unlawful and should be null and void. Preventing citizens from holding your government accountable is unlawful and unconstitutional. This should be the only argument nessessary to overturn government protecting government law's. Public service employees shouldn't receive any kind of immunity doing their jobs because if they need immunity they aren't doing their jobs
Exactly 💯🎯
You only have a right to petition the government, petition away while they do whatever they want.
There is a reason for the 2nd amendment.
@@braddl9442 I agree. That’s why they deprive you of your rights before due process, while they simply conduct their investigations.
No government employee should be provided immunity from prosecution or liability for their actions.Congress's law too keep federal officer's from lawsuits is unconstitutional. It prevents citizens rights to hold their government accountable and this is unlawful
This conversation is the exact same conversation we have been having in Pennsylvania about the sunshine act. The enforcement of it is through lawsuits, but there is no way for attorneys to get their fees back except through their clients. None of the non-profits are willing to handle the cases. So only the wealthy can handle a lawsuit or two at the most if they want to actually go forward. So every agency is effectively able to do whatever they want with little chance of repercussions. Wish you all would take on this issue.
Could the fundings of state and federal lawsuits parallel the legal similarities of the taxpayers' unsolicited support of "city-local government" lawsuits and payouts as legal entities to courts' findings for Costs justices?
I think everyone needs to realize ( if they don't already) that those in a "Governmental position" don't really care about the "Constitution." It's about "Risk." Is it worth the "risk" to violate someone's constitutional rights. Those in government already realize that most people can not afford or even know there's a remedy available. The "government" created the game, and they set the rules, almost always in their favor! They have ten attorneys to your one ( that you can't afford) who knows the game and the rules. They know this!
Those who have the knowledge and the financial abilities to take on the "government " are usually the only ones who can succeed. They know this! Those people are made whole very quickly, and without much fanfare. We, the people, created our Representative Republic, and we are the ones who must enforce the protections afforded by the Constitution. Unfortunately, not enough of the people are willing to take on this task, and those that do risk retaliation, in one form or another. Look at what's happening today! This video from the Institute for Justice clearly shows that their attorneys have realized this! It's going to be very difficult to impossible to have constitutional protection in today's world! It's up to all of us to affect a change.
Qualified immunity gives the police more rights than the public are able to possess and makes them almost untouchable. A federal officer IS untouchable and surpasses ALL rights that the public can possess. Tell me again how the law sees everyone equally and no one is above it.
Qualified immunity is a violation of the 14th amendment.
That's what we call public officials Sovereign
Like I said, God will get vengeance if they are in the wrong believe me, his goal ultimately is vengeance divine. Read Revelation.
@@kat-75 What if there is no god?
Tax exemption gives religious organizations more rights than you and I the taxpayer have the entire system is upside down and twisted if you were a normal upstanding citizen you were just screwed six ways to Sunday every day on Tuesday
Why not just abolish qualified immunity at all levels of government!!!
Anyone that takes an oath to the Constitution should be liable for violating it🤦🏻♂️
Who is the boss in a democracy, the people, who is the employee, public servants, since when employees run the show?
You guys are writing history thank you
It seems unconstitutional, and definitely violates our inhearant natural rights that ANY individual who does you wrong that in some way takes something from you, tangible or intangible, cannot be held accountable themselves. These individuals MUST be held to account, whether they are government employees, elected officials, contractors or ANY kind of status representing the interests of government.
The notion of Qualified Immunity or any statute which prohibits legal action or affords protection should be considered as unconstitutional in itself.
Congratulations! Thank you for all your hard work.
I admire IJ for their relentless pursuit of justice. You are true patriots.
Thank you and all of yall at the institute for justice for standing up for Americans who would otherwise have no voice in our judicial system. Yall are truly heroes.
Videos like this make me proud to be a monthly IJ donor.
How in the world can federal agents search Constitutionally without a warrant when we have the Fourth Amendment in place??
They justify violating the 4th amendment by imposing a form of
martial law, such as the emergency medical act and nobody ever rescinds it. The two things that never made any sense about Trump during his presidency was that he never rescinded the medical emergency act and even though he got rid of NAFTA as he promised, he replaced it with USMCA, a treaty, a trade alliance between the U.S., Mexico, and Canada that SUPERCEDES the U.S. Constitution and its Bill of Rights and replaces it with International Corporate Law. This is exactly what Hillary Clinton wanted to impose upon U.S. Citizens as soon as she entered the White House. However, Clinton was defeated, but her globalistic plan lives on both in the White House and in the U.S. Capitol. This is why both the southern and northern borders remain wide open. This is why eminent domain and buying up U.S farm land has become so prevalent.
This is why gun confiscation of law abiding, freedom loving U.S. Citizens is becoming so common.
The U.S. Congress no longer recognizes the U.S. Constitution and its Bill of Rights. Next time you talk to a Congressman or woman, ask them if they are loyal to and willing to defend, protect, and support the U.S. Constitution and its Bill of Rights.
If the answer is yes, ask them how it is possible with USMCA and International Corporate Law. USMCA and International Corporate Law will enslave the American people. This nation will soon appear as though a tsunami had swept all human life from this land.
Theres the whole “Liberty and Justice for All” BS that most Americans pledge allegiance to.
It is not impossible, but it is so rare it may as well be. Good job IJ!
If the law doesn't matter when a government official violates it, *the law doesn't actually matter.*
That means all jails and prisons are really just human trafficking (modern day slavery). 😮🤯
Thank you for helping fight for our rights
Oh.... You didn't see the 2nd amendment..
Founders said don't cooperate with federal agents if their actions are repugnant to the constitution
I sued a federal official for arresting my client for First Amendment protected speech. The district judge said that he was entirely immune from any judicial remedy for violating the constitution (including bivens and declaratory judgment), didn't even reach the merits. This was not qualified immunity, just no cause of action (even equitable) for federal officers. Currently on appeal in the D.C. Circuit.
Thank you for leading the way for more of us normal mortals vs the corrupt forces of the untouchable so we can hold them accountable
Wow Our justice system is so broken and corrupt it’s sickens me I once used to love this country but no more and never again.
How does the supreme Court justify protecting federal officials from justifiable lawsuits?
I thought the constitution guaranteed equality?
How can Congress make laws that contradict the constitution and how can the supreme Court nullify the spirit and intention of that constitution?
They didn't .read Saucier v Katz and Pearson v Callahan. We the people have to help the supreme court out. It's up to us. Lets start with the second amendment. Any government official infringing on the second amendment file suit citing saucier v katz and pearson v Callahan . Use heller,mcdonald and bruen as your precedent setting cases. Go for it. 605 dollars at the district court of your state and we're on our way. hope alls well with you and yours
EXCELLENT video presentation on federal qualified immunity.😊
You should not be able to sue government employees for violating your rights, because they should be in jail. 18 USC 242 is pretty clear, it just isn't used.
18 US 241 may also apply. There Needs to be a mechanism to FORCE the prosecution under these Statutes.
@@joehannah1343Like the 2a? All that needs done is people form a committe, vote and swear in a posse, delegate the enforcement duty to them and send them out to enforce it.
It should be illegal for a city, county, or state officer to be "cross-deputized" into any federal field. That's a direct conflict of interest.
AND they are double dipping and getting paid for being on these task forces. Maybe that's the way in? Maybe FOIA request to Controller asking for salary payments made to state/local law enforcement and prosecutors employees that are being ALSO paid with federal dollars.
The courts made these people immune
You can absolutely hold them accountable. That's what the second amendment is for.
The founding fathers knew that it would be rats in government that would become the biggest threat, that’s why the 2nd amendment is so unambiguous. It might as well say “due to the fact that all government falls to corruption, the right of the people to bare arms and clean house shall not be infringed.
Let God get vengeance, please.
Yer pretty tough 🙄
We learned nothing from the Milgram experiment.
@@memphisartguy2Oh yes The CIA did
Why doesn't IJ and other legal organizations get the Westfall Act overturned as Unconstitutional and get rid of Sovereign Immunity???? I say that do to Time Text and Tradition standards like what is being used in Second Amendment cases under Bruen 18:47
This is one of the best non-profit organizations that exists today. I NEVER ever donate money to 99.9999% of institutions but the Institute for Justice does the hard work that NO other organization will do - Sue the Federal Govt. They should be everyone's hero.
Holding NY local government accountable is near impossible due to home rule. There is no oversight
Check out Long Island Audit
@@katiekane5247 I am a fan, but he hasn't achieved anything other than community awareness. Local control is out of control
@@katiekane5247 THERE IS AN ACTIVIST FOR CITIZEN JUSTICE WE AND IJ WILL SUPPORT.
Outstanding job IJ!
How TF did that first example get the whole way to the supreme court?!? She had to appeal that far?!?
If a government official can violate your Rights with impunity, you don't really have those Rights.
Thank you, thank you, thank you for all you are doing to restore faith in the foundations our founding fathers fought for and what was laid out in our constitution.
I graduated from law school 26 years ago. These issues were never discussed in any course.
Give the government an inch and they'll take everything including your field, your house, your investments and your cash and call it civil assesset.Forfeiture.
From Minnesota evidently not a damn thing I can do. Feds and county came into my house searched. No arrest. Til the talk to local police off to jail I go for bs. I will not conform with the USSA anymore
Welcome to the USSA conformity is the new freedom. No such thing as a constitution if you don't have money.
Scary stuff! Thanks for your concern and hard work!
Why won't Republicans amend section 1983??? Maybe they have friends in the federal government that like it as is?🤔
Decades of Rinos.
2 wings of same bird
How can I help teach Americas that its not true that " no one is above the law"
The biggest problem is that the federal government has forgotten that it operates at the pleasure of the states and the people.
Thank you for all the work you do
There's one way, by zeroing out budgets.
You guys should represent Scott Ritter on his passport case. The State Dept. took his passport. Didn't even give him a receipt
The courts and politicians are protected by the police. It would be very hard to convince them to remove qualified immunity.
Without personal liability how can you hold anyone to account.
Pretty much. You can't sue the state for the most part.
Well... that grandmother did run a small town newspaper, and they raided that (and her home, etc), and that was unconstitutional...
This is an
A M A Z I N G channel and I cannot believe that in the spur of a moment I not only; have just watched 2 different videos, 1 of them twice and will watch again later BUT...
I am also going to more selectively target Congress men and women with letters dedicated to bill 1983 and the whole subject of "qualified immunity". I never knew any group as wonderful and necessary as yours existed. I always knew we needed one and felt that surely there was at least ONE attorney somewhere that thought so too. Thank you so much.
Until qualified immunity is abolished, there will never be any accountability within any agency's..
No Immunity
18 U.S. Code § 241 - Conspiracy against rights
18 U.S. Code § 242 - Deprivation of rights under color of law
This sad state of affairs is infuriating.
So civil liability is gone. Let’s fight for criminal liability.
Sue them in civil court!!!
You've never heard of qualified immunity, have you?
Ironically I work for someone named Sylvia and she's the mayor of all con artists.
We need to call Jack Reacher.
This is why we need a law on the Federal books where purposefully or negligence of violating Citizens Constitutional Rights. If they do, at any level of government agency, agents, or employees will be charged with Federal Felony charges. If found guilty, all immunities are stripped and are open to civil law suites.
1st Amendment: "... and to petition the government for a redress of grievances."
Government: "Immunity!!! ROFLMAO!!!"
So, all i need to do is fill out some paperwork, and get immunity. So, then I can do no wrong.
When and how may any or all U,S. Citizens avail themselves of Federal-one page designated Deputizations for the standings of Federal Recognition of a Sovereign Citizen?
Never in a million years I would think to find such abusive law, in the United States of America, the leader if the free world, where some "federal official" is given immunity for any act committed against a citizen, even violating the Law of The Land, THE rule of law that keep us free, safe and with the posibility of pursuing our happiness... This makes us live in FEAR, instead of in happiness and prosperity.
Love your work guys
a federal official person ... hold him accountable. Singular.
federal official folks ... hold them accountable. Plural.
Didn't go to good schools.
No justice in N.H. 😔
This is who I paid my mortgage to for years
Paid my mortgage for years to this guy www.justice.gov/opa/pr/former-chairman-taylor-bean-whitaker-convicted-29-billion-fraud-scheme-contributed-failure , but guess what I got, made homeless by my state , Now a FBI police lives in my home ...yeah the irony of it all 😔
Oh then to add insult to injury they give away my benefit money to the wrong person not even on the paperwork , then lie saying they could not get in touch with me 🙄👌extortion and corruption .
That was a terrible description of Qualified Immunity.
My husband's rites have been violated everyday for 30 years streight
Great explanation....!!!
So, you can't sue a fed for denial of civil rights, which are there for restricting fed overreach??? Why even have a civil rights law???
A right that is not exercised, respected, or enforced is no right at all.
Wow, open fields is a complete 4th amendment violation
17:40 gee, it's ALMOST like authoritarians want to be able to do whatever they want without ANY consequences, no matter how illegal, unethical, or worse it may be... 🙄
When you understand that the Federal Government is NOT a Republic. It's a Corporate Government not under the jurisdiction of the Constitution.
And the supreme court has ruled that corporations are in fact people. Google it. Interesting. Hope alls well with you and yours
This is exactly the chaos that having a constitution creates.
18:00 NAILED IT!!!!!!
a rasp and an ensemble.
a file and a suit.
How can the courts and Congress allow this injustice this lawlessness for Federal officials? What's the point of having any legal rights if they cannot be enforced in the courts?
The executive officers need o hold them accountable. Sadly the corrupt president and AG and FBI director are obstacles and support corrupt behaviors.
Elliot Ness and the Untouchables...FBI
America's Alcohol Prohibition, was repealed, because it corrupted police. Elliot Ness was ultimately fired for being a drunk. We had the world's safest streets, before the war on drugs. Don't let evil politicians, and judges build a police state, under the guise of The War on Drugs.
Wake up, humanity
I need help in K.C. Mo
Accusations and baiting since age 10. I can't take it anymore. Thousands of attempts to make me a monster. Putting me places I've never been to. They say I speak several languages and am supposed to be a big tine criminal.
Its insane.
Move, Change your name, keep everything legal and keep records on everything. Don’t befriend ANY federal government worker. There Klingons.
In other words, we already live in a tyranny, and have been living in one for a very long time.
Now, it shows, publicly, on the daily, thanks to mass communication.
How does the federal immunity NOT violate the 1st Amendment's least known clause?
When will IJ fight for ALL civil rights in the Bill of Rights????
Qualified immunity needs to be outright BANNED.
"equal protection under the law.."
How can this be the "Land of the Free", when at Municipal, County and State levels the government awards itself Qualified Immunity and in the case of the Feds, near total Immunity, having the effect of making true justice in many cases almost unobtainable? Worse, in the rare cases where a citizen does prevail, the money comes from the pockets of those same citizens. How then do we call ourselves Free and Just?
With the Open Fields doctrine, can cops or federal agents cut a padlock on a secured gate to gain access to the "open fields" of someone's property?
California Attorneys from southern to northern areas only take contingency cases for auto accidents. Claiming any other type of cases, they would not be paid.
So....this election is pretty critical, since one candidate is already talking about jailing opponents
@20:20 of course they are not on board!
Repeatedly we have watched it clearly demonstrated that there is a group of individuals who strongly believe that "rules are for thee, not for me"
This is not a glitch, it's a feature that we have allowed to develop unchecked.
And this is all just for civil action. If you want government officials held criminally accountable for their crimes, you can forget about it. It seriously scares me to think what kind of fascist idiocracy my kids might grow up to live in. We have to hold our government accountable and protect our rights, whether it be through the courts or elsewhere.
End qualified immunity for ALL Government employees, appointed, hired or elected.
Also, a problem as bad if not worse is Dual Citizens working in our Government. That , too, needs to END.
So what really were the consequences for Heather, personally, in this suit? She’s still an officer, so didn’t lose her job, and the TAXPAYERS paid the victim $185,000. That’s my issue. When you sue anyone in government, local, state or federal, the taxpayers end up having to pay for the official’s wrong doing. Hence why they continue to violate the rights of the people.