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      02-10-2020, 11:43 AM   #1
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Louisiana Prosecutors Say They Can't Be Sued Over the Fake Subpoenas

Okay - I am curious to see if anyone on these boards, no matter which side of the political spectrum you fall, can justify what is going on in MKSixer neck of the woods.

It seems that Orleans Parish District Attorney Leon Cannizzaro has issued fake subpoenas to pressure victims and witnesses to testify. Now facing a lawsuit, the Louisiana prosecutor is arguing that the practice falls under the umbrella of absolute immunity - the doctrine that says prosecutors cannot face civil action for carrying out their official duties.

Media uncovered Cannizzaro's tactic in April 2017. He would send people notifications telling them to appear in court or face fines or jail time. The documents were neither authorized by a judge nor issued by a county clerk, the proper channels for subpoenas. Cannizzaro's office was producing them itself. Worse yet: Even though the subpoenas were unlawful, he really did jail people who didn't obey them.

In October 2017, the American Civil Liberties Union sued Cannizzaro and some of his staffers on behalf of the people who received the subpoenas. According to the suit, Cannizzaro's office sought high bonds for those jailed for refusing to obey the orders, often higher than the bond set for the criminal defendants in the related cases. The victim in one domestic violence case was forced to spend five days in jail on a $100,000 bond; she appeared in court in an orange jumpsuit and shackles. Her alleged abuser was treated more leniently: He paid a $3,500 secured bond, returned home until his court date, and appeared before the court in his own clothes.

A rape victim, similarly, spent 12 days in jail. A child sex trafficking victim spent 89 days in jail, including Christmas and New Year's Day.

This week, Cannizzaro's lawyers asked the 5th U.S. Circuit Court of Appeals to throw out the suit, arguing that absolute immunity protected them from legal action. A ruling has not been issued yet, but the judges repeatedly expressed doubts about this argument, noting that the prosecutors operated outside of their realm of authority.


WHAT. THE. F**K.
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      02-10-2020, 12:42 PM   #2
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Seems so fantastic as to border on the realm of FAKE NEWS.

So, issue a subpoena against the VICTIMS? And then throw them in the clink for not appearing in their own case??? There seems to be some general Foxtrot in the air.
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      02-10-2020, 12:52 PM   #3
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I guess he's more interested in his record than he is in the victims. How can he put people in jail if the subpoenas were unlawful? It's just wrong.
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      02-10-2020, 04:58 PM   #4
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Quote:
Originally Posted by cmyx6go View Post
I guess he's more interested in his record than he is in the victims. How can he put people in jail if the subpoenas were unlawful? It's just wrong.
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Originally Posted by UncleWede View Post
Seems so fantastic as to border on the realm of FAKE NEWS.

So, issue a subpoena against the VICTIMS? And then throw them in the clink for not appearing in their own case??? There seems to be some general Foxtrot in the air.


For clarification on the reality of this mess, here are some links:

https://www.nola.com/news/courts/art...ba3508ff8.html

https://www.aclu.org/press-releases/...-subpoenas-and

https://theappeal.org/the-trials-of-...-db89a6619856/

https://act.colorofchange.org/sign/n....872082.WrGvkQ

https://www.themarshallproject.org/r...eon-cannizzaro

https://www.nola.com/opinions/articl...6ce29f997.html

https://www.aclu.org/blog/smart-just...t-were-holding
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      02-10-2020, 05:03 PM   #5
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Louisiana: All the fun and charm of a third world country without needing a passport.

Our new slogan.

Nothing that goes on here surprises me.
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      02-10-2020, 05:24 PM   #6
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the gov doing something shady for their benefit? Never would have thought that could happen.
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      02-10-2020, 06:21 PM   #7
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I'm sure that the civil case settlements for the victims of these forged subpoenas will cost the taxpayers of Orleans Parish millions of dollars in settlements over the next few years.

Hopefully, the taxpaying citizens subpoena that DA to a blanket party deep in the bayou.....
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      02-10-2020, 06:36 PM   #8
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despicable, he should be toss in jail for forgery of legal documents
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      02-10-2020, 06:38 PM   #9
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WTF, over?
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      02-10-2020, 06:40 PM   #10
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Every single person who was involved and knew what was going on should go to jail for the length of time their victims had to serve multiplied by some number . If someone doesn't hold these guys accountable who will?
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      02-10-2020, 09:30 PM   #11
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Loss of liberty for non-compliance with an unlawful order is not a protected activity that can fall under immunity.

It is a violation of a citzens rights on so many fronts it isn't funny. All cases where a public employee knowingly exceeds their mandate and maliciously violates the rights of law abiding citizens should be stripped of any protection under so called sheild laws and be personally culpable for their actions, especially in civil court!
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      02-11-2020, 06:30 AM   #12
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On what planet would his actions NOT be illegal?

False imprisonment springs immediately to mind, right? If the subpoenas are knowingly illegitimate, jailing someone for non-compliance has to be illegal.
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      02-11-2020, 06:45 AM   #13
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It's an abuse of a SCOTUS ruling some decades ago.
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      02-11-2020, 07:06 AM   #14
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Quote:
Originally Posted by F32Fleet View Post
It's an abuse of a SCOTUS ruling some decades ago.
Details? Curious to read more. I imagine he is bastardizing some sort of qualified immunity ruling?
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      02-11-2020, 08:49 AM   #15
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Quote:
Originally Posted by Run Silent View Post
Quote:
Originally Posted by F32Fleet View Post
It's an abuse of a SCOTUS ruling some decades ago.
Details? Curious to read more. I imagine he is bastardizing some sort of qualified immunity ruling?
Imbler v. Pachtman (1976)
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      02-11-2020, 08:53 AM   #16
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Fuck civil suits, how is this not criminal activity?
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      02-11-2020, 09:04 AM   #17
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Quote:
Originally Posted by hooligan_COLD View Post
Fuck civil suits, how is this not criminal activity?
I feel like this falls into the "you get the government you deserve" category.
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      02-11-2020, 09:17 AM   #18
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He had to use "unorthodox" means to accomplish the end goal

Oh, and "undocumented" subpoenas
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      02-11-2020, 11:20 AM   #19
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Quote:
Originally Posted by Run Silent View Post
I feel like this falls into the "you get the government you deserve" category.
Expecting the DA to not knowingly break the law seems like a pretty low bar, though.
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      02-11-2020, 12:38 PM   #20
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Quote:
Originally Posted by hooligan_COLD View Post
Expecting the DA to not knowingly break the law seems like a pretty low bar, though.
Won't get any argument from me...
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      02-12-2020, 10:43 AM   #21
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Originally Posted by NormanConquest View Post
despicable, he should be tossed in a wood chipper for forgery of legal documents
FTFY
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      02-12-2020, 12:52 PM   #22
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Quote:
Originally Posted by Run Silent View Post
Okay - I am curious to see if anyone on these boards, no matter which side of the political spectrum you fall, can justify what is going on in MKSixer neck of the woods.

It seems that Orleans Parish District Attorney Leon Cannizzaro has issued fake subpoenas to pressure victims and witnesses to testify. Now facing a lawsuit, the Louisiana prosecutor is arguing that the practice falls under the umbrella of absolute immunity - the doctrine that says prosecutors cannot face civil action for carrying out their official duties.

Media uncovered Cannizzaro's tactic in April 2017. He would send people notifications telling them to appear in court or face fines or jail time. The documents were neither authorized by a judge nor issued by a county clerk, the proper channels for subpoenas. Cannizzaro's office was producing them itself. Worse yet: Even though the subpoenas were unlawful, he really did jail people who didn't obey them.

In October 2017, the American Civil Liberties Union sued Cannizzaro and some of his staffers on behalf of the people who received the subpoenas. According to the suit, Cannizzaro's office sought high bonds for those jailed for refusing to obey the orders, often higher than the bond set for the criminal defendants in the related cases. The victim in one domestic violence case was forced to spend five days in jail on a $100,000 bond; she appeared in court in an orange jumpsuit and shackles. Her alleged abuser was treated more leniently: He paid a $3,500 secured bond, returned home until his court date, and appeared before the court in his own clothes.

A rape victim, similarly, spent 12 days in jail. A child sex trafficking victim spent 89 days in jail, including Christmas and New Year's Day.

This week, Cannizzaro's lawyers asked the 5th U.S. Circuit Court of Appeals to throw out the suit, arguing that absolute immunity protected them from legal action. A ruling has not been issued yet, but the judges repeatedly expressed doubts about this argument, noting that the prosecutors operated outside of their realm of authority.


WHAT. THE. F**K.
Looks like the NYT's got the scoop on this.

www.nytimes.com › 2017/10/17 › new-orleans-subpoenas
New Orleans Prosecutors Accused of Using Fake Subpoenas ...
Oct 17, 2017 - Topped with the word “subpoena” and the seal of the district attorney in New Orleans, the documents carried an air of authority. They instructed ...
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