For two years leftwing judges in both state and federal courts have carried out a highly partisan campaign of lawfare to obstruct and thwart completely legal policy choices made by the Trump administration. The flashpoint in the subversion of the law has been immigration. Most judges appointed by Obama to the federal bench or who occupy state court positions in deep blue states are openly hostile to the idea of enforcing immigration laws or allowing the president the ability to exercise his legal authority. It all started out fairly early with the so-called “travel ban.” This restriction on the ability of persons from a half-dozen failed states and Iran who had no connection to the US to enter the country was dishonestly portrayed as a “Muslim ban” and the subject of a nationwide injunction by a partisan judge in the Ninth Circuit. Since then every step taken by the administration to tighten security at the border has been met with a specious legal challenge and an equally specious decision.
While this may be disreputable, it is also what Democrats do when you let them have power. Sometimes the hubris of wearing a black robe in a liberal ghetto leads to far left judges taking actions that may prove painful. Such is the case of Massachusetts judge Shelley Richmond Joseph.
On March 30, 2018, Newton Police arrested and charged an illegal, twice deported alien, named Jose Medina-Perez for being a fugitive from justice and for narcotics possession. On his second deportation, Medina-Perez had been issued an order prohibiting him from entering the US again for 20 years. The arrest popped on ICE’s radar and they issued a Federal Immigration Detainer and Warrant of Removal to the Newton police.
On April 2, 2018, Newton Police transferred custody of the defendant to Newton District Court. Shelley Richmond Joseph drew the case and a guy named Wesley MacGregor was appointed trial court officer–from reading the description of the job this seems to be the same as the “bailiff” in American courts, but Massachusetts…
At this point it might be useful to admit that Joseph is a former defense attorney, and Newton is, naturally, a sanctuary city.
At 9:30 a.m. on April 2, 2018, the day of Medina-Perez’s court appearance, ICE sent a plainclothes agent to the courthouse to take custody of the illegal after bail was granted. There was nothing surreptitious involved. The agent announced his presence to the trial court officer and the judge and the prosecutor and the defense attorney. Then strange things started to happen.The court clerk, at the judge’s orders, instructed the ICE agent to leave the courtroom and wait outside. Then things took an unexpected turn.
At 2:48 p.m. the case was called and the proceedings were captured on the courtroom’s audio recorder, as prescribed under the rules for all State District Courts. The audio recording captured Joseph, the defense attorney and the ADA speaking at side bar about the defendant and the ICE detainer. Joseph then allegedly ordered the courtroom clerk to “go off the record for a moment.” For the next 52 seconds, the courtroom audio recorder was turned off, in violation of the District Court rules. At 2:51 p.m., the recorder was turned back on, and Joseph indicated her intent to release the defendant.
Medina-Perez was picked up in a few weeks and it was discovered that he was wanted for drunk driving in Pennsylvania where an ICE detainer had also been issued. Now, get this, he’s out on bail awaiting a deportation hearing.
The defense attorney asked to speak with his client downstairs. The judge okayed it but then the clerk reminded her that an ICE agent was waiting outside. The judge allowed MacGregor to take the defendant through here chambers from there they went downstairs and MacGregor used his security access card to let Medina-Perez out of the building.
I suppose that all involved had a good joke at the expense of the ICE agent, ICE in general, and the Godless Trump who would dare to deport a poor, downtrodden illegal.
The US Attorney for Massachusetts, Andrew Lelling, seems to be a man without an great sense of humor. The case was referred to a grand jury and today both Joseph and MacGregor were indicted.
Court documents show Newton District Judge Shelley M. Joseph and court officer Wesley MacGregor face 4 federal charges: perjury; obstruction of justice, aiding and abetting; obstruction of a federal proceeding, aiding and abetting; and conspiracy to obstruct justice. pic.twitter.com/zhauVKhk3y
— WBZ NewsRadio (@wbznewsradio) April 25, 2019
The perjury is charge is only against MacGregor who told the grand jury that he didn’t know there was an ICE agent in the courthouse despite the tape of him being told that.
I hate to rejoice in anyone’s misfortune BUT the sight of this lawless judge leaving the courthouse in tears could run on a continuous loop and I’d be very happy.
Newton Judge leaves federal court in tears after facing a federal judge on obstruction of justice charges. pic.twitter.com/xQf963D2ym
— Jonathan Hall (@JHall7news) April 25, 2019
For the time being, Joseph is suspended without pay and Massachusetts Governor Charlie Baker is asking for her removal from the bench.
This needs to happen each time a judge crosses the line and tries to throw their weight around. The only way the judiciary is going to be forced back into the box constructed for it by the Constitution is by making them feel the same pain they impose on the rest of us.
Joseph and Macgregor Indict… by on Scribd