Arrest of Alejandro Theodoro Orellana comes as federal officials have been defending ICE use of face masks against mounting criticism

  • Zaktor@sopuli.xyz
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    2 days ago

    The FBI arrested a California man early Thursday morning for allegedly handing out police-style face masks to a crowd of Los Angeles protesters earlier in the week.

    Alejandro Theodoro Orellana is accused of conspiracy to commit civil disorder

    The FBI has gone full fash. This isn’t remotely a legit arrest. There’s nothing illegal about covering your face or encouraging other people to cover their faces. It’s certainly not a conspiracy.

    • TranscendentalEmpire
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      2 days ago

      Based on the article he wasn’t even handing out a mask that would hide people’s identity. They state it was a face shield similar to what police use…which are clear. Sounds like they just arrested a dude for handing out water and PPE because people are being shot in the face.

    • twice_hatch@midwest.social
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      “police-style” oh boy I heard that one. It’s like “military-aged” instead of “college-aged”, right?

      oooo it’s spooky, it’s police-style, it’s military-grade. It’s plastic armor

    • Sturgist@lemmy.ca
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      Obviously a different country… buuuuuut…I wouldn’t be too surprised if the US has something similar.

      To be clear, they’re totally going full Fasci, and they’ll mayyyybe dig around for something to charge people with after the fact, if not just send them straight to El Salvador or Guantanamo.

      In Canada, Simple Assault is the lowest class of assault. Description below:

      Simple Assault

      This is the most basic type of assault charge in Canada, and, at this level, can be prosecuted in two ways. If someone is charged with simple assault as a summary conviction, this is the less severe of the two charges, and can actually be processed directly by a judge with no need for a jury or a jail sentence. However, in more severe cases of simple assault, it can be treated as an indictable offense, which will require a more formal court process.

      Notice the emphasis on the last sentence.
      In a case where there’s a summary conviction for assault, but the accused was wearing a mask/bandana/face covering of some kind. There is then an ADDITIONAL charge of Disguise with intent to commit.

      Disguise with intent

      (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of

      (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

      (b) an offence punishable on summary conviction.

      This then automatically upgrades the initial charge of Simple Assault to an indictable offence. And if used to it’s full extent can result in imprisonment, in federal prison (big boy jail), of no longer than 10 years.

      For fun I looked to see if there was anything for the US on this. Below is the closest I could find without much effort:

      18 U.S.C. § 241 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 241. Conspiracy against rights

      Current as of January 01, 2024 | Updated by FindLaw Staff

      If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

      If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured–

      They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

      • Zaktor@sopuli.xyz
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        1 day ago

        There are some state laws against masking, and I believe some similar “enhancement” type laws. But the federal government doesn’t have anything against it and the states that do have anti-masking laws usually (but not always) have exceptions for medical purposes. And being out and about with a crowd of shouting people is a good reason to wear a mask for medical purposes.

        I did verify that he was handing out clear face shields for protection rather than masks though, so there’s not even that.

        • Sturgist@lemmy.ca
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          Oh yeah, no, I was just…idk…spitballing?

          Did mean to acknowledge the clear face shield thing. Just…uhhh…stoned and drunk. 🤷