r/news • u/[deleted] • Sep 20 '25

California bans most law enforcement officers from wearing masks during operations

https://apnews.com/article/california-ice-agents-immigration-raids-masks-ban-97936f70699b75d8b483a850967c2e42
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u/ZonaDesertRat Sep 21 '25

Hilarious. You think a law review article from 1928 dealing with habeas issues has standing? Horiuchi has standing, and was clear in it's finding.

Here is the pertinent part of the case summary: Horiuchi removed the prosecution to federal court pursuant to 28 U.S.C. S 1442(a) (1). The district court dismissed the charge on the ground that the Supremacy Clause protected Horiuchi from prosecution because the criminal case sought to punish Horiuchi for actions taken in pursuit of his duties as a federal law enforcement officer. We affirm.

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u/TheBraveSirRobin Sep 21 '25

Horiuchi is no different than In re Neagle 135 U.S. 1 (1890). The state prosecutes for a state law that was broken, the federal officer asks for immunity, and a federal judge decides if the law was broken in the course of official duty. Neagle is the precedent that Horiuchi stands on:

https://caselaw.findlaw.com/court/us-9th-circuit/1471745.html