Judge Napolitano Calls Oakland Mayor ‘Reckless And Irresponsible’ For Tipping Off Ill

Judge Napolitano Calls Oakland Mayor ‘Reckless And Irresponsible’ For Tipping Off Illegals To ICE Raid

1:37 PM 03/01/2018
Nick Givas

Fox News legal analyst Judge Andrew Napolitano shamed Democratic Oakland Mayor Libby Schaaf Thursday for warning illegal immigrants of an impeding federal raid.

FOX News’ “Varney and Company” host Stuart Varney asked Napolitano if Schaaf could be charged with obstruction of justice and he said she is not a “candidate for prosecution.”

“It is difficult because the obstruction of justice charge is a catch-all. It can only be used when there is not a specific statute that applies. Here, there is a specific statute which applies which prohibits harboring a fugitive from justice or harboring an alien,” Napolitano said. “Now, it does not prohibit speaking to or warning the alien. It prohibits harboring. So I don’t believe she is a candidate for prosecution. Having said that, I believe that her behavior was reckless, irresponsible and dangerous for the federal agents who have to find these people.”

Varney took issue with Napolitano’s assessment and said he deems anyone an justice obstructor when they get in the way of the immigration authorities and try to help illegal immigrants escape capture.

“It is not obstruction of justice because obstruction of justice requires that there be a pending proceeding against these people,” Napolitano replied. “There aren’t even warrants for these people. The government has every right to arrest them, but it hasn’t gone to a judge and gotten a warrant; there is no judge sitting and waiting. Look, if I tackle somebody as they’re going into the courthouse and about to testify, that’s obstruction of justice. I have prevented a witness from attending a pending judicial proceeding. But if I tackle this person and there is no pending judicial proceeding, I can’t be charged.”

Acting ICE director Thomas Homan also criticized Schaaf on “Fox & Friends” Wednesday for putting his officers at risk. “What she did is no better than a gang lookout yelling police, when a police cruiser comes to the neighborhood, except she did it to the entire community. I mean, this is beyond the pale,” Homan said. “What she did is intentionally put law enforcement officers at risk. Look, being a law enforcement officer is dangerous enough. But to give criminals a head’s up we’re coming next 24 hours, increases the risk.”

http://dailycaller.com/2018/03/01/im...-fox-business/

Virtually all mayors take an Oath of office. While they can vary, The following oath of office is one that is commonly used:

I, _____, do solemnly swear [or affirm] that I will support the Constitution of the United States and the Constitution and laws of the State of Washington, and all local ordinances, and that I will faithfully and impartially perform and discharge the duties of the office of _____, according to the law and the best of my ability.

From what I see, she gave that warning under the color of authority. She did not do it as a private citizen. So I hope they make her the Poster Child for Sanctuary City Politicians!

They need to put that Mayor in jail with the MS-13 "ladies".

Let her find out these MS-13 in our jails are full of fine "families" of them. Mother, father, aunts, uncles, cousins and their children...all gang members in the family. Three generations of them...for NOT enforcing our Laws and booting them out to begin with.

No special cell...throw her in with the general population of these illegal alien criminals. She will be begging to get out of there!

Let Pelosi and Feinstein keep her company.

Yes, then she would have 24 hours a day to explain their "special rights" to them.

Yes, yes we all know about the rules a nuances of the law but the real "catch all"
doesn't need pending judicial proceedings and it examines the motive of a suspect.

Conspiracy
Although it is a criminal charge and it needs to be proven with a unanimous ruling from the jury, I think charging the mayor with this crime will be only a deterrence.
All the defense will need is one open borders lunatic to be on the jury and the trial ends in a hung jury.

I don't know that much about Oakland, but I don't see the people of Oakland or the people of any other city in this country wanting their Mayor tipping off criminals about possible police arrests, regardless of which law enforcement agency is engaged to remove criminals and lawbreakers from the streets. This will probably result in her losing her next election. She may be a short-term 15 minute star with the powers that be in Oakland, but I don't think this will fly with the people of Oakland. Her actions resulted in at least 800 criminals getting away. What Americans support that? No one.