Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
freem
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Openai/6910e2b7-c258-8011-bd31-6a644d52e660
(section)
Add languages
Page
Discussion
English
Read
Edit
Edit source
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
Edit source
View history
General
What links here
Related changes
Special pages
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
=== Assistant: If a mayor attempted to order a municipal police force to arrest a foreign head of government based on an ICC warrant w… === If a mayor attempted to order a municipal police force to arrest a foreign head of government based on an ICC warrant without federal authorization, the federal government has several clear legal mechanisms to stop it immediately: ===== 1. Federal Preemption / Supremacy Clause ===== The U.S. Constitution (Art. VI) gives federal law supremacy over state and municipal actions in matters of foreign affairs. The Department of Justice could seek an emergency injunction in federal court to block the mayor’s order. A federal judge would almost certainly issue: * Temporary Restraining Order (TRO) → same day * Preliminary Injunction → within days The order would prohibit NYPD from acting. ===== 2. Direct Federal Intervention via U.S. Marshals ===== If the local government attempted to proceed despite a court order, the federal government could: * Deploy U.S. Marshals to override or physically prevent the action * Take custody of the protected individual (Netanyahu) under diplomatic protection laws This is similar to federal enforcement seen in historical desegregation cases when local authorities defied federal orders. ===== 3. Criminal Exposure for the Mayor or Local Officials ===== If the mayor or police leadership knowingly defied a federal injunction, they would be exposed to: | Charge | Basis | | ------------------------------------------------------------ | ----------------------------------------- | | Contempt of Court (civil or criminal) | Defying a federal court order | | Deprivation of Rights Under Color of Law (18 U.S.C. § 242)** | If the arrest lacked legal authority | | Interference with Federal Duties (18 U.S.C. § 111 or §1505) | Obstructing federal diplomatic protection | These are real, enforceable criminal offenses. ===== 4. Removal from Office (State Mechanisms) ===== New York State law allows removal of a mayor for: * Malfeasance * Willful misconduct * Refusal to follow court orders The state governor or state courts could remove the mayor. ===== 5. Diplomatic and Treaty Protections ===== Even beyond ICC issues: * Foreign heads of government have recognized inviolability under customary international law while on official visits. * The federal executive branch is responsible for enforcing that. If the mayor attempted to override that, federal authority would supersede him instantly. ===== Summary ===== If a mayor attempted to arrest Netanyahu on an ICC warrant: * Federal courts would block it immediately. * U.S. Marshals could physically intervene. * The mayor and police leadership could face criminal charges. * The mayor could be removed from office. There is no legal scenario where a U.S. mayor could carry out such an arrest and have it stand. If you want, I can now provide the specific Supreme Court precedents that establish these limits (e.g., Zschernig v. Miller (1968), American Insurance Ass’n v. Garamendi (2003)).
Summary:
Please note that all contributions to freem are considered to be released under the Creative Commons Attribution-ShareAlike 4.0 (see
Freem:Copyrights
for details). If you do not want your writing to be edited mercilessly and redistributed at will, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource.
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)