Stephen Miller has erupted at “blatant jury nullification” after a Los Angeles tow truck driver was acquitted of stealing an ICE vehicle in the latest embarrassment for Donald Trump’s Justice Department.

Bobby Nuñez, 33, was charged with theft of government property after towing away a locked ICE SUV—with its keys and firearm secured inside—during a chaotic immigration arrest in downtown Los Angeles on Aug. 15.

Video from the scene showed federal agents chasing the truck as it pulled away, before arresting Nuñez and leading him away in handcuffs.

  • notgivingmynametoamachine@lemmy.world
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    2 hours ago

    The only thing I want coming out of Stephen Millers mouth is the executioners bullet after that Nazi ghoul is tried and sentenced for his crimes against humanity.

  • Wilco@lemmy.zip
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    11 hours ago

    I believe the US populace is starting to think of ICE as injustice and automatically nullify.

  • 0_o7@lemmy.dbzer0.com
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    14 hours ago

    Rich and powerful love using loopholes, until poor people get to use them too.

    Then they get mad.

  • Clent@lemmy.dbzer0.com
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    15 hours ago

    Video from the scene showed federal agents chasing the truck as it pulled away, before arresting Nuñez and leading him away in handcuffs.

    Where is the follow up court case where they pay this guy a couple million for assault and false imprisonment.

    • CharlesDarwin@lemmy.world
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      18 hours ago

      I hope lots and lots and lots of Americans that might be on juries have now learned of their rights due to Stephen Miller crying about it.

      • jballs@sh.itjust.works
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        15 hours ago

        An acquittal is jury nullification. The jury decides “yeah, they probably did it, but this is some bullshit” and votes not guilty.

      • TipRing@lemmy.world
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        18 hours ago

        It is not illegal, it is a de facto result of how our trials by jury work. It is not a good idea to mention it before a judge if you are on a jury though.

        • CharlesDarwin@lemmy.world
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          17 hours ago

          I was part of jury selection where the judge seemed to be trying to make sure no one tried it. If I was on that jury, I sure as fuck would have used it if I thought I needed to. I was not selected, probably because I didn’t give the answer they wanted when it came to ruling at direction of the judge.

      • mic_check_one_two@lemmy.dbzer0.com
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        17 hours ago

        You caught downvotes for what seemed to be a genuine question. No, it’s not technically illegal. It’s a weird loophole that exists because of the way the laws are written. The jurors cannot be prosecuted for passing the “wrong” sentence, so it is not illegal.

        Sitting on a jury while intending to nullify could be illegal, because it would require perjury; They make jurors swear under oath to uphold the law, and ask if there is anything that would prevent them from doing so. If you intend to nullify and answer “no”, it is technically a lie under oath. But they can’t prove that you intended to nullify when you were answering, so prosecuting jurors for it would be a fool’s errand.

        • grue@lemmy.world
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          15 hours ago

          It’s not a “weird loophole;” it’s fundamental to the way juries work. Either juries are independent, or they’re not and there’s no point in having them at all.

          The notion of nullification being a “loophole” or “byproduct” or “one weird trick” or anything other than 100% intended by design is itself fascist propaganda that too many in this thread have fallen for.

          • chosensilence@pawb.social
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            10 hours ago

            it’s because they accept that judges and lawyers are opposed to it for good reason therefore it must not be a legitimate function of a jury.

            no, the judges and lawyers simply don’t want people to have power lol. an independent jury cannot be held liable for their decision. it would absolutely be antithetical to their intended function.

      • ameancow@lemmy.world
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        18 hours ago

        Something can be illegal, and if it goes to a jury trial the jury can unify and just say “nah fam, he cool.” And just let the defendant off.

        • curbstickle@anarchist.nexus
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          15 hours ago

          Edit: moved to where I meant to reply

          It isnt illegal though.

          Georgia v Brailsford confirmed it in the Supreme Court with its one and only jury trial in its history.

          People have since made legal claims to try and rework meaning (the jury wasn’t a regular jury, it wasn’t recorded accurately, the statements are being misconstrued, etc) but the simple fact is - the only instance of a jury trial in the Supreme Court in the US contains instructions for nullification.

          Its legal. Anyone saying otherwise is misinformed or - like Miller - just a piece of shit.

          • ameancow@lemmy.world
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            17 hours ago

            I mean, it’s not a crime if the jury says it’s not, so technically yah it’s not a crime, but we’re talking about the US justice system which assumes innocence right up until a judge says “guilty.”

            (At least on paper.)

      • curbstickle@anarchist.nexus
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        17 hours ago

        (You may briefly see this twice because I inadvertently replied to the wrong comment)

        It isnt illegal though.

        Georgia v Brailsford confirmed it in the Supreme Court with its one and only jury trial in its history.

        People have since made legal claims to try and rework meaning (the jury wasn’t a regular jury, it wasn’t recorded accurately, the statements are being misconstrued, etc) but the simple fact is - the only instance of a jury trial in the Supreme Court in the US contains instructions for nullification.

        Its legal. Anyone saying otherwise is misinformed or - like Miller - just a piece of shit.

  • seathru@quokk.au
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    20 hours ago

    https://archive.ph/5LaZT

    U.S. Attorney Bill Essayli wrote: “Apparently he thought it would be funny to interfere with our immigration enforcement operations. Now he can laugh behind bars while he faces justice. Nunez is looking at up to 10 years in federal prison if convicted.”

    Essayli, acknowledged the outcome on Friday: “A jury found Mr. Nuñez not guilty. He was free on bond prior to the trial. We have no further comment.”

    LOL get fucked fascists.

    • zurohki@aussie.zone
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      15 hours ago

      Apparently he thought it would be funny to interfere with our immigration enforcement operations.

      I mean, he was right.

      • edgemaster72@lemmy.world
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        7 hours ago

        Sure would be a shame if Essayli’s car got towed briefly, and definitely not funny in any way, nope

  • CharlesDarwin@lemmy.world
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    18 hours ago

    Pee Wee Himmler better get used to lots and lots of jury nullification. It’s probably why this little asshat is trying to get away with disappearing people with no trial - he hates and despises We, The People.

    • chiliedogg@lemmy.world
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      18 hours ago

      Jury nullification is the real reasons juries exist. Pass all the corrupt laws and appoint all the corrupt justices you want. As long as we still have trial by jury we have a check on power from the citizens.

      • CosmicTurtle0 [he/him]@lemmy.dbzer0.com
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        17 hours ago

        This is why I hate people who say they hate being on a jury.

        You have the most direct access to affect your society in a jury box than you do at the ballot box.

        • chiliedogg@lemmy.world
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          15 hours ago

          I live in Texas. Jurors are paid $20/day with no reimbursement for expenses, and employers aren’t required to pay employees on jury duty (though mine does).

          So yeah - people hate it.

          • arrow74@lemmy.zip
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            14 hours ago

            Also while I would like to be a jury it can be brutal. I had a friend that did grand jury once for 6 months. They were being constantly shown murder scene photos and other graphic imagery. I’d imagine that would bother some people

          • Maeve@kbin.earth
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            13 hours ago

            My state does it. My employer didn’t. And the courthouse was a long way away.

      • Hildegarde@lemmy.blahaj.zone
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        13 hours ago

        Juries exist to determine facts, and check the work of the prosecutor to make sure they proved the case to the standards required by law. They are an essential part of the legal process, and the possibility of nullification is an interesting byproduct.

        This case was not nullification. He was charged with theft for towing a car, which is not theft anywhere, and is standard practice for tow truck operators. The vehicle was returned less than 20 minutes later.

        Not guilty was a reasonable conclusion, not a case of a jury nullifying an otherwise solid case.

        • chiliedogg@lemmy.world
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          12 hours ago

          Cotizen juries absolutely exist for jury nullification. Otherwise it would be better to have professionals who are experts in the law making the rulings like judges do in most civil cases.

          • Hildegarde@lemmy.blahaj.zone
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            7 hours ago

            I was in a jury recently, and they were clear in the instructions that we were to make decisions on the basis of the law as it is, not one what we think it should be. Some of the questions during jury selected were specifically tailored to identifying those who might consider nullification.

            Juries still exist in civil cases. They are there to make findings of fact, just like a criminal case. Bench trials are those without a material dispute of the facts.

            Nullification is a side effect, a consequence of the process. Nullification is not the primary reason for a jury.

          • bamboo@lemmy.blahaj.zone
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            9 hours ago

            I don’t think the person you’re replying to is disagreeing with you, they’re just pointing out that in this case, the jury didn’t have to nullify an existing law for the tow truck driver to be found not guilty.

      • Skankhunt420@sh.itjust.works
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        14 hours ago

        a judge can issue a judgment notwithstanding the verdict (JNOV) if they determine that no reasonable jury could have reached the verdict based on the evidence.

        So while it is rare the judge can still fuck everyone involved in the case no matter what the jury says.

        freedom