If you value the Constitution and the Bill of Rights, you may want to avoid landing in U.S. Magistrate Judge B. Dwight Goains’ courtroom. He apparently believes that he is in the business of being an advocate for the government, including coercing witnesses and violating federal law on bond conditions.
This has been reported by Scott Greenfield at Simple Justice, the Texas Monthly, and Eugene Volokh at the Volokh Conspiracy (now part of WaPo). I will not be able to summarize the law better than they can, but suffice it to say that this country has a major problem, and it is caused by the war on drugs.
The DEA was looking for synthetic marijuana. So they raid a commercial business, run by two ladies, with a full SWAT team. Really? Why? They can’t go up and serve a warrant and search? I’ve done that numerous times where there wasn’t a need for SWAT.
Do we want armed officers and federal agents threatening to shot a resident when they ask to see a warrant? Especially since the agents broke into his home next to the tobacco shop without a warrant? And then tell the resident that they don’t need an f***ing warrant?
They also claim that they didn’t do anythin
g to one of the lady’s neck, and that she had “assaulted” the officer while he was sweeping her feet out from under her. OK, I hate to break the news to y’all, but that looks exactly like the type of mark which would be left by the butt of an AR, right down to the serrated marks at the base of the bruise.
And if this was a butt stroke, then it is a use of deadly force. I really have a problem with the fact that a DEA agent would apply a butt stroke to the base of a woman’s neck and then lie about it.
On top of it all, the magistrate judge takes it upon himself to coerce the women into a forced retraction of their allegations against the agents.
This is just outrageous.
ExCop-Lawyer 
May 23, 2014 @ 19:22:29
Should the local police arrest the FBI agent so that he can be charged with assault and battery and bail set (or perhaps denied)?
May 24, 2014 @ 00:52:48
It was a DEA agent (the FBI is investigating).
If he were arrested on state charges, the case would be removed to federal court where it could be heard by Judge Goains.
May 24, 2014 @ 10:03:03
Even assuming that that is all true, does any of that make a difference as far as whether the Rangers should make the arrest?
May 25, 2014 @ 00:17:21
Because of what Jerri is getting at below. The Rangers are very aware of their public image, and are not going to make an arrest that they know is going to be tossed by a U.S. District Judge.
May 25, 2014 @ 07:49:31
I don’t think the Rangers should factor judicial corruption in when they decide whom to arrest and who not to. Do you think they do?
Also, even if Magistrate Goains did receive the case upon removal, he would probably have to recuse himself.
May 25, 2014 @ 11:34:35
The Rangers have always been political animals and concerned about their image, so yes, I think it would factor in.
Even if Goains wasn’t the one on the case, all the judges in the Western District work with him – are you suggesting that they would all recuse themselves?
May 25, 2014 @ 14:51:52
No, only those who have actually worked on the criminal suit against the Purple Haze defendants.
May 24, 2014 @ 10:23:06
What about the Horiuchi case in Idaho? He was charged by the local prosecutor for manslaughter. It was removed and dismissed, but the 9th circuit reversed that. Of course, a special prosecutor would have to fight any removal as the local prosecutor is totally on board with the DEA and is already crowing in the media that the letter by Ilana exonerates them. I have never seen any statement definitively stating that things seized in the past were proven to be illegal via testing. Every reference to them seems very vague to me. I have seen references to items seized a year or so ago that have been made illegal only recently. The scuttlebutt is that the tests didn’t show what the DA wanted them to show and he tried to get more testing money out of the County Judge, who turned him down. If true, I guess that he went searching for money from the Feds. Given real drug cartel activity in that area, it is hard for me to understand why the DA is so fixated on this little smoke shop.
May 25, 2014 @ 00:31:08
Idaho v. Horiuchi, 253 F.3d 359 (9th Cir. 2001), vacated as moot, 266 F.3d 979, is not good law. Yes, the Ninth Circuit returned the case to the U.S. District Court, but the state dropped charges, and the Ninth Circuit vacated their opinion. If a special prosecutor fights removal, he will lose, see 28 U.S.C.A. § 1442 is crystal clear on removal.
As far as the current issue and testing, I’m sorry, but I don’t have a clue on what’s going on out there.
May 23, 2014 @ 21:41:40
I used to get so angry at you at PINAC. Now I realize that you are one of the good guys. I really want to believe that most cops are good, but it is really hard.
May 24, 2014 @ 00:53:43
Thank you.
I will admit that I bring some of it on myself over there.
May 26, 2014 @ 04:55:53
I wonder whether the judge will issue a perjury warrant or revoke her bail if she reinstates her claim of unlawful force since she only recanted under unlawful duress?
May 26, 2014 @ 12:04:21
It wouldn’t be perjury, her claim wasn’t sworn that I’m aware of.
There could be some bail consequences.