You have stated several times that the Mayor's purpose there was to inspect.
www.nj.com
Why was he let in? What interaction actually took place?WATCH: N.J. mayor charged with trespassing at ICE center was let in by guard, new video shows
Mayor Ras Baraka released clips showing him being allowed through a gate at the immigrant detention center. He has a hearing on the trespassing charges Thursday.
One person let him in. They keyword is "let". This is clearly not trespassing. You lost the argument, take the loss so you don't look stupid.
It doesn't matter. He was let in. Also, he left after talking to the other occupants. No trespassing occured and the courts will agree, I'm sure. Would you like to bet your avatar pic? If I win, I can pic yours and if you win, you can pick mine?
Actually, it really does matter. What did he say to this person? What was the response?
I have no comment on that. I was merely responding to your claim that the arrest was at the discretion of the ICE officers present. It was not. It was directed by people who were not there and who did not witness the events.
If the gate was opened to allow him to enter the perimeter, he was invited according to occupancy law.
Irrelevant. If the ICE officer discovers later than he invited the mayor into the perimeter by mistake, he has the right to revoke the mayor's right to remain, ask him to leave, and warn him that he is liable to a charge of trespassing if he does not. That does not transform the prior presence into a trespass.
Irrelevant. If the ICE officer opens the gate to allow anyone into the perimeter, that person is an invitee and not a trespasser.
You wrongly assumed I meant that he was there to do a hard-hat construction inspection. I specifically repudiated that claim.
I cited to the statute giving him authority as chief executive officer of the state and explaining his duties.
The mayor may hire anyone he pleases and delegate his authority to them to carry out various duties under his supervision. Their authority comes from him, not the other way around.
Irrelevant.
They do, but what facts matter do or don't aren't what you think they are.
No. Literally all that that matters is that the ICE officer opened the gate and allowed him to enter the perimeter. Once he does that—for any reason—the entrant is an invitee and not a trespasser. You're simply trying to invent law that doesn't exist.
Agreed, unless there is evidence of coercion. I didn't see the mayor point any weapon at that officer that let him in, though.
NOT if the mayor lied about his identity or his purpose for being there.
Can you cite the law about trespassing that you are referring to?
I know he doesn't have the authority to walk around doing permit inspections.
Straw man. I have made no such claim.
No, that's not how trespassing works.
Irrelevant. If the ICE officer opens the gate and admits a person, that person is an invitee. If the ICE officer doubts the representations made by someone seeking entry, the lawful procedure is to deny entry until the claim is perfected. If the ICE officer opens the door to allow entry for the purpose of ascertaining whether the entrant has a further right to remain, the officer may later revoke the license of the entrant, ask him to leave, and warn him that he is liable to a charge of trespassing if he remains. That does not transform the prior presence into a trespass.
Delegated implies authority to do so. I am a manager and I delegate plenty to my direct reports, but that doesn't preclude me from being able to do those tasks myself.
Then you don't understand what the mayor of Newark's authority is. I cited the relevant statute, which you did not address.
By doing so he does not abrogate his own authority.
Straw man.