Arresting, pepper spraying, shooting rubber bullets at persons who are engaging in peaceful and unobstructive protest activity is a violation of their civil rights.
And violations of civil rights "under color of law" are prosecutable crimes.
The order was disturbing to me because it was akin to issuing a TRO against premediated murder or assault and battery. Why the hell should you need injunction against actions that are ALREADY CRIMES.
And now, declaring the order "too vague" is BEYOND INSANE. With this decision, the appeals court is saying: "We declare that ICE be given free reign to violate civil rights under color of law." Miller's declaration of a post-law America is being made manifest.
We are in an unprecedented time in which crystal clear laws are somehow rendered "debatable," and "unclear," and NO ONE SEEMS TO TAKE NOTE OF IT.
There is NOTHING vague about the Honorable Kate Menendez's order:
3. Covered Federal Agents are hereby enjoined from:
a. Retaliating against persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge.
b. Arresting or detaining persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge, in retaliation for their protected conduct and absent a showing of probable cause or reasonable suspicion that the person has committed a crime or is obstructing or interfering with the activities of Covered Federal Officers.
c. Using pepper-spray or similar nonlethal munitions and crowd dispersal tools against persons who are engaging in peaceful and unobstructive protest activity, including observing the activities of Operation Metro Surge, in retaliation for their protected conduct.
d. Stopping or detaining drivers and passengers in vehicles where there is no reasonable articulable suspicion that they are forcibly obstructing or interfering with Covered Federal Agents, or otherwise violating 18 U.S.C.§ 111. The act of safely following Covered Federal Agents at an appropriate distance does not, by itself, create reasonable suspicion to justify a vehicle stop.