Posted on 06/13/2025 5:01:38 PM PDT by CFW
Hamas supporter Mahmoud Khalil, a green-card holder who led pro-Hamas protests at Columbia University in New York City, will not be released from ICE custody, a New Jersey District Judge ruled on Friday.
New Jersey District Judge Michael E. Farbiarz rejected Khalil’s request for release, ruling on Friday that the anti-Israel agitator “did not put forward factual evidence as to why it might be unlawful to detain him” on a second charge, and “failed to make meaningful legal arguments.”
“The Court preliminary enjoined the Respondents from detaining the Petitioner on a particular charge,” Judge Farbiarz wrote, noting, “It would be plainly be unlawful to detain the Petitioner on a charge the Court preliminarily enjoined.”
However, “the Respondents have now represented that the Petitioner is being detained on another, second charge,” the judge added.
“As the Court noted at some length on May 28, the Petitioner did not put forward factual evidence as to why it might be unlawful to detain him on the second charge, and the Petitioner failed to make meaningful legal arguments as to that second charge,” Judge Farbiarz said.
(Excerpt) Read more at breitbart.com ...
Deport him back to Gaza.
Leftist attorneys scream “First Amendment” rights but that is not what this is about. Also, the Smith Act speaks on this.
The Smith Act (18 U.S.C. § 2385): This federal law prohibits knowingly and willfully advocating, abetting, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States by force or violence.
This includes:
Organizing or helping to organize any group that advocates such actions, knowing the purpose of the group.
Being a member of, or affiliated with, such a group, knowing its purposes.
Printing, publishing, editing, issuing, circulating, selling, distributing, or publicly displaying written or printed matter advocating such actions.
Conspiring with others to commit any of the acts prohibited by this section.
Immigration and Nationality Act (INA): The INA outlines the grounds for inadmissibility and deportability of noncitizens. Advocacy for the violent overthrow of the government is a basis for both.
First Amendment limitations: While the First Amendment protects freedom of speech, this protection is not absolute, especially for noncitizens. Speech that is interpreted as a threat to national security or as advocating unlawful actions can be grounds for removal proceedings.
Consequences for Green Card Holders:
Deportation (Removal Proceedings): A green card holder who advocates for the violent overthrow of the U.S. government may be placed in removal proceedings, potentially leading to deportation from the country.
Expedited Removal: In certain cases, like being deemed a threat to national security, a person could be subjected to expedited removal, which bypasses the usual removal proceedings before an immigration judge.
Deport him to Iran as a peace offering..this guy is as big a Jew hater/hamas lover as anyone
Would be a great idea to put all the judges out of business and start over with ones who will agree on what is allowed and not allowed. This back and forth is like a tennis match!You would think if they got as far as a job on the bench, they would be in sync about the law but it doesn’t work that way.
Is that their final answer?
As of the very moment Israel commenced “Rising Lion” against Iran, Khalil’s release became that much more unlikely.
In Law School the Judges studied Common Law and cases from the past, then told to "Stare Decisis"...to adhere to previous judges rulings and opinions. Not long after Law School some judges, especially liberal judges, come to believe that 'the Law is whatever the Judge says it is'. They begin looking not at the letters of The Law but, rather, at the 'penumbra' of the letters, which is the area between the shadow of the letters on the page and the light cast upon those letters in order to 'read' them. Almost anything can be, and has been found in the 'penumbra' of the letters of The Law (particularly The US Constitution) including (until recently) every woman's right to an abortion on demand. A more recent set of Judges on the Supreme Court found that was NOT, after all in the 'penumbra'.
Only a Judge has the power to look into the 'penumbra' of the letters of The Law to determine what, in fact, is The Law. And the Final Determination of The Law is determined by a majority vote of those Judges who sit at the Pinnacle of the Pecking Order of Judges.
“Is that their final answer?”
Probably not. For the left, “due process” means continue changing courts and judges, file more appeals, and make up new excuses, until they get the ruling they desire.
Hope he likes stale baloney sandwiches (with pork meat) for beakfast, lunch nad dinner. FAFO!
The surprise is that Biden appointed him.
Judge Farbiarz was a Law Clerk to Chief Judge Michael B. Mukasey, U.S. District Court for the Southern District of New York before Mukasey was nominated to be President George W. Bush's Attorney General.
While at SDNY, Farbiarz became Assistant United States Attorney, Southern District of New York, and was the Deputy Chief, Terrorism and National Security Unit, and Co-Chief, Terrorism and International Narcotics Unit.
Farbiarz also prosecuted the Somali pirates in the Maersk Alabama case (basis for the film Captain Phillips).
Any other judge would have found an excuse to set him free, ruling that the change in charges required its own due process hearing, and holding Khalil on the old charge until his new hearing violated his due process rights. The defense did argue this, but Farbiarz rejected it.
-PJ
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