Federal magistrate judge Zia M. Faruqui is not happy about Donald Trump’s authoritarian takeover of Washington D.C. — and the resulting disrespect for basic constitutional rights. Yesterday in his courtroom was the case of Torez Riley, a Black man charged with unlawful possession of a firearm. Riley was on his was on his way to a Trader Joe’s when stopped by law enforcement, who searched his bag.
Judge Faruqui called the search so obviously unconstitutional that a “high school student” would know it’s illegal. And it’s “irrelevant” that the search turned up a gun when the search itself is unconstitutional.
“The police are out there looking for everybody, and it seems they’re looking for people that look like you,” Faruqui said. “You can’t go into a grocery store without getting stopped and illegally searched.”
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In fact, there are reports Riley’s arrest was a “point of contention” in the Department of Justice as many there recognized the unconstitutional nature of the detention, and on Monday the government moved to dismiss the charges “in the interests of justice.”
Faruqui, a former prosecutor himself, said, “Lawlessness cannot come from the government. We’re pushing the boundaries here. We’re beyond the boundaries and something is going to have to break.”
Faruqui still took issue with the “charge first, ask questions later” mentality in the U.S. Attorney’s office. “The Sixth Amendment doesn’t get thrown out the window because the government has decided to make a show of arresting people,” said Faruqui and the spectacle the administration has made while throwing out the constitution is “fundamentally damaging to our city.”
As reported by Huffington Post, Faruqui apologized to Riley on behalf of the government. And pointed out just how fragile constitutional protections have become.
“This is on your record forever,” he said of the arrest. “The seven days you spent in jail, nothing can undo that.”
Faruqui commended Benjamin Helfand, the prosecutor who appeared Monday seeking to drop the case. The judge said the U.S. Attorney’s office badly needs prosecutors who know the difference between an illegal search and a legal one.
“If the system is going to crumble, the last line of defense will be people like you,” Faruqui said. “Once you leave, we’re totally cooked.”
Honestly, we’re probably cooked regardless.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].