In order to have a legal arrest, you need probable cause to believe that the person committed a crime. And these snatches, by unidentified federal of… - Marjorie Cohn

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In order to have a legal arrest, you need probable cause to believe that the person committed a crime. And these snatches, by unidentified federal officials in unmarked vehicles, snatching peaceful protesters off the streets, transporting them to unknown locations without informing them of why they’re being arrested, and later releasing them with no record of their arrest, violates the law. And this “proactive” arrest that the Department of Homeland Security is intending to carry out, violates the Fourth Amendment, which requires that, as I said, an arrest be supported by probable cause.... There is nothing in the law that allows “proactive arrest.”

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About Marjorie Cohn

Marjorie Cohn (born November 1, 1948) is an American professor emerita at the Thomas Jefferson School of Law, San Diego, California, former president of the National Lawyers Guild, a legal scholar, political analyst, & author of books and articles. She lectures throughout the world about US foreign policy, human rights, and the contradictions between the two.

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If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But after Barack Obama said, “Generally speaking, I’m more interested in looking forward than I am in looking backwards,” his administration refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration.

After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation... Once again, the Trump administration is threatening the International Criminal Court. Following the Appeals Chamber’s decision, Secretary of State Mike Pompeo declared, “This is a truly breathtaking action by an unaccountable political institution, masquerading as a legal body.” He added, “The United States is not a party to the ICC, and we will take all necessary measures to protect our citizens from this renegade, so-called court.” Pompeo is likely referring to the American Service-Members’ Protection Act... it says that if a U.S. or allied national is detained by the ICC, the U.S. military can use armed force to extricate the individual. Although this provision has not yet been utilized, the potential for its use is frightening.

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Jan Ziegler, Special Rapporteur on the Right to Food to the United Nations High Commissioner for Human Rights, warned on October 15, that "The bombing has to stop right now. There is a humanitarian emergency." Relief agencies left Afghanistan in the wake of the bombing. The arrival of winter is imminent, when up to 7.5 million Afghans internally displaced by the bombing will be beyond the reach of humanitarian aid. Routing chief suspect Osama bin Laden from his cave with bombs is like finding a needle in a haystack, while mass starvation is inevitable.

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