President Donald Trump said Thursday morning that the government will no longer
livestream the execution of Nidal Malik Hasan. The firing squad killing,
scheduled for December 3, will be the first such execution carried out by the
military since 1945.
“I think streaming the execution for all to see might have been a strong
deterrent for the World to witness how America deals with Terrorists and SCUM
like Hasan but, many very good and well meaning people would rather not watch
him die, through streaming, or through any other visual device,” Trump wrote on
Truth Social.
Defense Secretary Pete Hegseth said last week that the execution of Hasan, who
opened fire on dozens of people at a military installation in 2009, would be
publicly streamable. Since then, Homeland Security Secretary Markwayne Mullin
has come out in support of the plan (“no one has to watch it” if they don’t want
to, Mullin said). The execution livestream’s supporters also include
weapons-tech titans such as Anduril’s Palmer Luckey, who wrote that to “revel in
the death of those who truly deserve it…is normal, good, and aligned with our
natural and national order.”
Eight in ten Americans, according to a poll released by ABC News today,
disagree. So do 72 retired US generals, who wrote a letter calling the idea of
an execution livestream “barbaric.” Parenting experts have voiced fears that
children might inadvertently witness a man’s death via YouTube autoplay or
memes.
Though Trump called off the Pentagon’s plan to broadcast the shooting, he was
clear that Hasan “will die as scheduled” on December 3rd.
The United States has executed 31 people in 2026 so far. It’s one of a few dozen
nations that have the death penalty on the books—most of which do not actually
carry out executions. According to Amnesty International, only 17 countries,
including the US, executed anyone in 2025.
“The execution may be viewed in person by the immediate families of the victims,
if they so choose,” Trump wrote on Thursday. “They deserve to witness JUSTICE!”
Tag - criminal justice
This story was co-published with The 74, a nonprofit, independent news
organization focused on education in America.
It was January 2022, and Rhian Allvin was in search of a space that could bring
her vision to life.
The early childhood leader had just finished up her nearly decade-long tenure as
CEO of the National Association for the Education of Young Children, a large,
national, nonprofit that promotes high-quality early learning. She’d been
steeped in early childhood policy, advocacy, and research for years. She was
ready for something new, something hands-on. She wanted to start her own early
care and education program.
That’s how she found herself, on that winter day, driving alongside a red-brick
prison wall, past imposing watch towers, and onto the sprawling grounds that
were once home to a notorious maximum-security prison at the Lorton Reformatory,
a correctional complex in Lorton, Virginia.
> “Because the ceiling is so tall, and the kids are so small, we wanted to bring
> the scale down.”
A pair of the former penitentiary’s buildings was among the first Allvin toured
in her pursuit of a property that would become her flagship location. The site
intrigued her—how could it not? But she walked away, at least at first.
“I said, ‘I’m already out over my skis. This isn’t a great idea,’’ Allvin
recalled. “I must’ve looked at 40 or 50 other spaces in Virginia. They were all
so vanilla. Office buildings. I couldn’t get it out of my mind. I took friends
to see it.”
Allvin saw, in the former prison, a possibility for a second life, a rebirth.
Eventually, she decided she would turn this historic site, awash in nearly a
century of violence and trauma, “into a place of light and joy.”
It took over a year to prepare the space, but Allvin opened the doors to Brynmor
Early Education & Preschool in October 2023, with the capacity to serve up to
152 children. Today, the shuttered correctional facility is home to a thriving,
high-quality early learning program.
Inside the 15-foot-tall walls, where blood was shed and brutality unfolded,
babies now sleep soundly, practice newfound motor skills, learn to communicate
with gestures and words, and explore the boundaries of their bodies.
Under a roof that has overseen riots, escapes, and assaults, toddlers now sit at
tiny tables for mealtime, learn to wash their hands at little sinks, and attempt
to regulate their big emotions under the tutelage of patient caregivers.
On the same grounds where prisoners were once on lockdown for 23 hours a day,
children now move about the courtyard freely, riding bicycles and scooters
around a racetrack, letting their imaginations guide them in a mud kitchen.
To get to this point, Allvin and many others had their work cut out for them.
But the program is named Brynmor — Welsh for “great hill” — for a reason. Though
Allvin saw a “steep hill to climb” in transforming this site and in creating a
high-quality, profitable, early care and education business, she decided to take
that first step anyway.
Brynmor Early Education & Preschool now occupies a pair of red-brick buildings
that once housed inmates in a maximum-security prison. By the time CEO Rhian
Allvin saw them, they had been gutted for redevelopment.Maginniss + del Ninno
Architects
The Lorton Reformatory comprised eight prison facilities across three campuses
in the relatively small Northern Virginia community, located about 20 miles
outside of Washington, DC.
The complex, which operated from 1910 to 2001 and was primarily used to
incarcerate DC inmates, began as a progressive work camp and evolved to include
distinct buildings for women, youth, and eventually a maximum-security
penitentiary.
By the late 20th century, the Lorton Reformatory, like so many other
maximum-security prisons in the United States, had become overcrowded. Violence
became an everyday occurrence, according to former guards and inmates featured
in Lorton: Prison of Terror, a documentary produced by former inmates and
released in 2022. The facility was described as “unfit for humans” and “dusty,
dirty, and dangerous.”
> “I had moments where I was like, ‘Was this really a good idea?’ There were
> days where it felt like too much work.”
After it closed, the site was added to the National Register of Historic Places.
Over subsequent years, much of the old prison complex was gutted, redeveloped,
and converted into art studios, gyms, and luxury apartments.
There have been several comparable efforts to repurpose closed prison facilities
across the United States over the last couple of decades, said Nicole D. Porter,
senior director of advocacy at The Sentencing Project, a nonprofit organization
that studies policies impacting the criminal justice system.
Each building has 50 tall, rectangular windows, allowing natural light to pour
in. The windows created design challenges and opportunities for the
architects.Maginniss + del Ninno Architects
Though a common outcome is mixed-use developments, she has noticed a trend of
these spaces being converted into education centers to serve youth—typically
teenagers already involved in the criminal justice system or viewed as “at
risk.”
But Porter believes Brynmor is unique; she’s not aware of any other former
prison facility that hosts young children. And she pointed out the irony of a
program serving early learners in a building that once housed incarcerated
people, since early childhood investment has been associated with lower rates of
crime in adulthood.
“The idea that a site that caused so much harm … is converted into a site of
learning, of teaching young people in a healthy way and a holistic way, is very
encouraging,” Porter said of Brynmor. “I would hope it serves as a point of
inspiration in what could be possible at closed prisons going forward.”
To take full advantage of the natural light coming in from 100 large windows,
the architects made cutouts in interior classroom walls and added windows along
the corridors.Judy Davis
By the time Allvin was touring the maximum-security unit in 2022, only a small
portion of the original prison cells were intact, preserved in a separate,
undeveloped building on the grounds.
The two buildings she visited—9050 and 9060 Power House Road—had already been
hollowed out. The two-story-high cell blocks had been removed. There was no HVAC
or plumbing, just two vast rectangular buildings.
“I got a cold, dark shell,” said Allvin, who signed a long-term lease for the
buildings.
But the high ceilings and large, striking glass windows, which Allvin described
as “cathedral-like,” drew her in.
“The buildings were completely empty. We had a blank slate here,” said Theresa
del Ninno, principal at Maginniss + del Ninno Architects, a small, women-owned
architectural firm that has done a number of adaptive reuse projects for early
childhood, including Brynmor. “You don’t really think, ‘This was a
maximum-security prison.’”
One might imagine a former prison as gray and drab, an eyesore. That is not the
reality of the Lorton site.
“There was always talk about what’s going to happen with these beautiful,
historic brick buildings,” said del Ninno. “For years we’ve seen them there, so
it was exciting to get a chance to work in two of them.”
The symmetrical Brynmor buildings, at about 6,700 square feet apiece, are
connected by a brick colonnade portico, with ample green space in between.
Inside each two-story building, the ceilings are nearly 20 feet tall. Great big
windows—100 in all—allow natural light to pour in.
These elements created design challenges and opportunities.
Natural light is an obvious advantage, the architects shared. “It’s so bright
and light-filled and open,” del Ninno noted.
“I could picture a child care center being there,” said Kim Jesada, project
architect, about her first impressions upon seeing the space.
But the same tall, rectangular windows that allow all that light in also created
challenges. “We like to have windows down at a child’s eye level,” del Ninno
explained. The bottom sills of these windows, however, sit nearly eight feet off
the ground.
The architects made cutouts in interior classroom walls and added internal
windows along the corridors to allow light from outside to penetrate the
innermost parts of each building.
They also had to do something about those two-story ceilings, which are more
than twice as high as a standard room.
“Because the ceiling is so tall, and the kids are so small, we wanted to bring
the scale down,” del Ninno said.
They added acoustic baffles—sound-absorbing panels that hang from the ceiling—to
create the feeling of a lower ceiling and smaller space without obstructing
natural light.
The buildings’ shape is “very unusual,” Allvin said. That, too, was a problem to
solve.
“Because the buildings are so long,” Jesada said, “we didn’t want to have one
single corridor running down that feels like one endless shaft.”
Instead, the corridor charts a diagonal path through each building. That design
choice resulted in what del Ninno called “non-rectilinear” classrooms—or what
Allvin described as “funky-shaped.”
> “I would hope it serves as a point of inspiration in what could be possible at
> closed prisons going forward.”
They landed on a design that had infant and toddler classrooms in one building
and Pre-K in another. The buildings are connected by an open, covered walkway
that overlooks a shared play area that’s almost as big as each of the buildings.
It includes an outdoor storytime space, a concrete racetrack, an infant play
area, and natural climbing structures with timber.
The process of transforming the buildings into the welcoming, child-friendly
haven they are today was long and arduous.
“I had moments where I was like, ‘Was this really a good idea?’” Allvin
recalled. “There were days when it felt like too much work.”
It was an expensive undertaking, she said. “I was building a 14,000 square-foot
child care center on a family child care home budget mentality.”
The two symmetrical Brynmor buildings, at about 6,700 square feet apiece, are
connected by a brick colonnade portico, with ample green space in
between.Maginniss + del Ninno Architects A portion of the former
maximum-security prison unit at Lorton Reformatory remains intact, with cell
blocks preserved.Maginniss + del Ninno Architects
She paid for the multimillion-dollar project with a combination of “socially
conscious” investors, a loan from a community development financial institution
and private foundation support, she said. And fortunately, there was no shortage
of help.
Allvin’s own children, now grown, assembled cribs. A network she built
throughout her career, including leaders of other early care and education
organizations such as ZERO TO THREE and Child Care Aware of America, pitched in
too, putting together furniture. But it wasn’t just friends and family who
stepped up. Members of the community were moved by the transformation and wanted
to be a part of it.
Shortly before the center opened, Allvin realized she needed more hands on deck,
so she hired a few workers through a local company to help. One of the workers
shared with Allvin that he’d grown up in DC with a very clear idea about what
Lorton Reformatory represented. “He said, ‘Anytime you need help, let me know.
All I knew this place to be was where people came to die. Now it’s a place where
babies are born, where light happens,’” Allvin recalled. “So many people have
had that reaction.”
Around two weeks before opening day, a local couple who had heard about the
preschool showed up to see it for themselves, Allvin said. Both of them were
former prison guards at Lorton. Allvin took them inside to see the progress, and
standing in the infant classroom, the man commented that he wished society
designed spaces as intentionally for incarcerated people as it does for kids,
she recalled. The woman, Allvin said, returned every day for two weeks to help
get the space ready to serve children and families.
When the ribbon cutting ceremony came, Jesada, one of the architects, brought
her young daughter with her. She got to see the space anew through her
daughter’s eyes. The girl was not privy to the buildings’ history. Her face lit
up as she walked in, Jesada remembered.
“The kids aren’t coming into this space thinking, ‘I’m going to preschool in
what used to be a prison,’” Jesada said. “[My daughter] saw a warm and inviting
space filled with light.”
She added: “I think that with any project, seeing any of the users walk in and
their reaction to the space, is what makes me want to keep designing. You see
how people get to enjoy the space. Seeing this space filled with kids was my
favorite part of it. They feel comfortable and safe learning.”
> “He said, ‘Anytime you need help, let me know. All I knew this place to be was
> where people came to die. Now it’s a place where babies are born, where light
> happens.”
Tiara Smith, an infant teacher at Brynmor who joined a few months after the
center opened, didn’t realize the program was housed in a former prison until
she started the job. After seeing the still-intact cells on campus, though, she
said the significance of the turnaround is not lost on her.
We’re the change,” she said. “We’re making a difference to new lives—infants,
toddlers, and preschoolers. We can give them that foundation to learn to love
school, and love life, and enjoy life. We can be that partnership with families.
It’s definitely a powerful thing.”
Brynmor has been open for just over two years, and already it has demonstrated
what so many in early care and education believe to be impossible.
From the start, Allvin was committed to serving children from all socioeconomic
backgrounds. Drawing from her experience as a national early childhood leader,
Allvin has been able to build a thoughtful revenue and fee structure that makes
that possible. About 60 percent of Brynmor families receive some form of
financial assistance — either through government subsidies, child care
scholarships with the support of a private foundation, or military subsidies.
The rest pay the full price out of pocket.
The center recently earned National Association for the Education of Young
Children accreditation—the gold standard for quality in the field, yet a
designation that only a fraction of programs can claim. And it invests in its
staff. In a field where the average wage is $13 per hour and nearly half of
early childhood educators use at least one form of public assistance, Brynmor
pays its teachers on par with public school employees, and provides them with
health insurance, retirement matching, paid leave, and other benefits.
“That’s why we exist,” Allvin said. “That’s our North Star.”
The model is working so well that Allvin is busy scaling the business. Brynmor
now has two more locations, one in the heart of D.C. and another inside a
250-year-old Baptist church in Virginia. Next up, she said, is an effort to
convert a former elementary school into an early learning program.
In a field where scarcity is the default, each of these realities is rare.
Together, they’re remarkable.
Yet it tracks with the narrative surrounding this project. Light chases out
darkness. Hope overcomes despair.
And bit by bit, the promise and potential of our nation’s youngest children
rewrites the story of a space that, for decades, represented pain and despair.
Children play outside at Brynmor Early Education & Preschool in Lorton,
Virginia. Rhian Allvin
A federal judge on Saturday ordered the release of 5-year-old Liam Conejo Ramos
from an immigration detention facility outside San Antonio. Ramos, in the blue
bunny hat and Spider-Man backpack, who became another symbol of the cruelty of
ICE agents, was detained by federal agents earlier this month in a suburban
Minneapolis neighborhood—an incident that has since drawn immense outrage.
Judge Fred Biery of the Federal District Court for the Western District of Texas
has ruled that the detention of Ramos and his father, Adrian Conejo Arias, was
unconstitutional. They are both asylum seekers.
In a scathing opinion, the judge wrote that the father and son “seek nothing
more than some modicum of due process and the rule of law,” adding that
immigration agents were “traumatizing children.”
The father and son’s case “has its genesis in the ill-conceived and
incompetently-implemented government pursuit of daily deportation quotas,
apparently even if it requires traumatizing children,” the judge noted.
Biery wrote of the detainment: “Observing human behavior confirms that for some
among us, the perfidious lust for unbridled power and the imposition of cruelty
in its quest know no bounds and are bereft of human decency.”
According to school officials in Minnesota, on January 20, Immigration and
Customs Enforcement agents detained the father as he and Liam were on their way
home from school pickup. Agents then reportedly used the child as “bait” to
knock on his front door to see if anyone else was home, Zena Stenvik, the
superintendent for the Columbia Heights Public Schools district said. A photo of
a federal agent holding onto the backpack of Liam went viral, sparking intense
criticism.
Writing in the Washington Post, Phillip Kennicott noted, “This is an image of
universal moral urgency, akin to a small number of photographs that once upon a
time had the power to change our behavior, away from cruelty or indifference and
in the direction of basic decency.”
Related
THEY WANT TO TELL YOU A KID WITH A SPIDER-MAN BACKPACK IS EVIL
The father and son were quickly sent to the Texas detention center, where Liam
reportedly has been sick, according to his mother.
Judge Biery accused the federal government of “ignorance of an American
historical document called the Declaration of Independence” and “that pesky
inconvenience called the Fourth Amendment.” At the end of the ruling, he
includes that now indelible photo of Liam with two Bible verses. Matthew 19:14,
which quotes Jesus: “Let the children come to me, and do not hinder them; for to
such belongs the kingdom of heaven.”
And John 11:35, “Jesus wept.”
Anyone with a child in the spitting distance age of a preschooler is likely to
be familiar with Spidey and His Amazing Friends, the 2021 animated TV series
that follows grade-school versions of Peter Parker, Miles Morales, and Gwen
Stacy as they take on baddies across New York City. Their kiddo fans might even
break out in song and try to talk to you about Patrick Stump.
Such is the intense patronage that Spidey inspires among today’s youngest kids,
and by extension, their parents, willingly or not. So when news emerged that ICE
had detained Liam Ramos, a 5-year-old Minnesota boy, it was the photos that
broke me. Here is a literal preschooler wearing a Spider-Man backpack, just like
all of our kids, as the hand of a much larger masked ICE agent holds onto his
backpack, as if he were a flight risk. An oversized blue hat with bunny ears
partially covers his face as he stares ahead blankly. Liam and his father will
eventually be sent to an immigration detention center just outside San Antonio,
but not before, as school officials reported, federal officers attempted to turn
the child into “bait” by persuading him to knock on his own front door to see if
there were other family members they could apprehend inside. Speaking to federal
agents in a closed-door meeting, JD Vance defended ICE’s actions.
The flimsy politics of citizenship might seem like what distinguishes Liam’s
story from the stories of our own offspring. But his innocence, like the
innocence of all children, is unimpeachable. We know this child: his goodness,
his go-to superheroes, his goofy hat. In Minneapolis, Liam is one of at least
four children who have been detained in the last month. All of them attend the
same school district, where half of the students are Latino. Similarly grotesque
incidents involving kids are taking place across the country, including in
Portland, Maine, where huge swaths of school populations are no longer attending
out of fear of ICE. A recent analysis from the Marshall Project estimated that
at least 3,800 kids, including 20 infants, have been detained since Donald Trump
returned to office.
> Something is deeply wrong if we, as a society, cannot agree that an
> administration that snatches up children, uses them as bait to hunt down
> others is not morally repulsive.
But, as with so much that has unfolded over the past year, reports of these
horrors barely seem to break into our collective consciousness. We read them
with disgust and protest in some shape, while the infinite loop of our paralysis
ticks on. But excruciating images like Liam’s demand more.
To be clear, one does not need to see a Spider-Man backpack to evince the
atrocities at play here. Nor do I need some kind of parenting parallel to
understand that this child is like every child. But the power of these optics,
their unique ability to clarify with a terrifying precision, that these kids
could be any one of our own, should puncture some well-fortified defenses.
Because something is deeply wrong if we, as a society, cannot agree that an
administration that snatches up children, uses them as bait to hunt down others,
is not morally repulsive.
So what now? Democrats, occupied with writing angry letters and demanding that
mean tweets be taken down, are proving to be feckless. But the people of
Minneapolis are resisting in ways that we can all learn from: showing up in the
thousands every day to say that enough is enough. Putting down our capitalistic
instincts to stage large-scale economic blackouts. Tailing ICE and making it
clear that their fascist levels of terror won’t go unwitnessed, with the hope
that it may not continue to go unpunished.
As for the rest of us who don’t live in Minneapolis, bearing witness to these
images of Liam is the least we can do.
In an interview on Fox News Sunday, US Deputy Attorney General Todd Blanche told
Shannon Bream that the Federal Bureau of Investigation is not, nor are they
planning to, investigate Jonathan Ross—the Immigration and Customs Enforcement
agent who shot and killed Renée Nicole Good in her car in Minneapolis earlier
this month.
“We don’t just go out and investigate every time an officer is forced to defend
himself against somebody or putting his life in danger,” Blanche, formerly
Donald Trump’s personal attorney, said. The Trump administration began asserting
immediately after the killing that Good was a “rioter” who committed an “act of
domestic terrorism,” continuing a long pattern of responding to deadly tragedies
by making baseless and false claims.
“We investigate when it’s appropriate to investigate and that is not the case
here, it wasn’t the case when it happened, and it’s not the case today,” Blanche
insisted. “If circumstances change, and there’s something that we do need to
investigate around that shooting or any other shooting, we will,” he said,
adding, “but we are not going to bow to pressure from the media, bow to pressure
from politicians.”
> BREAM: Is the FBI investigating the ICE agent who shot Renee Good?BLANCHE:
> What happened has been reviewed by millions of Americans bc it was recorded.
> We investigate when it's appropriate. That is not the case here. We are not
> going to bow to pressure. So no, we are not investigating.
>
> — Aaron Rupar (@atrupar.com) 2026-01-18T16:24:27.784Z
Blanche used a remarkable rationale. He said that the FBI didn’t need to
investigate, in part, because “what happened on that day has been reviewed by
millions of Americans because it was recorded on phones when it happened.”
Such footage appears in video investigations, including from the New York Times
and Bellingcat, that undercut the administration’s message that Ross was acting
in self-defense. The Times found that “the visual evidence shows no indication
that the agent who fired the shots, Jonathan Ross, had been run over” and “also
establishes how Mr. Ross put himself in a dangerous position near her vehicle in
the first place.” As Mother Jones reported last week, many Americans do not buy
the Trump party line about what eyewitness videos show.
While the Department of Justice and FBI decline to investigate Ross, they have
reportedly been investigating Good’s wife, Becca Good, as well as Minnesota Gov.
Tim Walz and Minneapolis Mayor Jacob Frey. And they also shut out state and
local law enforcement: The day after Ross killed Good, Minnesota’s Bureau of
Criminal Apprehension announced that the US attorney’s office was preventing it
from participating in any investigation.
The Trump administration’s investigation into Good’s family—and lack thereof
into the shooter—prompted the resignation of several federal prosecutors in
Minnesota, with more poised to resign soon, according to reporting from my
colleague Samantha Michaels.
On Friday, the DOJ announced it is investigating Gov. Tim Walz and Mayor Jacob
Frey, alleging that they are conspiring to impede federal immigration agents.
“This is an obvious attempt to intimidate me for standing up for Minneapolis,
our local law enforcement, and our residents against the chaos and danger this
Administration has brought to our streets,” Frey said in a statement to CBS
News. “I will not be intimidated. My focus will remain where it’s always been:
keeping our city safe.”
Days earlier, Blanche had accused the two men of “terrorism.”
“Minnesota insurrection is a direct result of a FAILED governor and a TERRIBLE
mayor encouraging violence against law enforcement. It’s disgusting,” he wrote
on X on Wednesday. “Walz and Frey – I’m focused on stopping YOU from your
terrorism by whatever means necessary. This is not a threat. It’s a promise.”
On Friday, Walz responded to the DOJ probes into him and Frey: “Weaponizing the
justice system against your opponents is an authoritarian tactic.”
“The only person not being investigated for the shooting of Renee Good,” Walz
continued, “is the federal agent who shot her.”
If the ICE officer who shot and killed Renée Nicole Good in Minneapolis last
week is not prosecuted criminally, or even if he is, can he also be sued?
Legal experts have different takes. Last week I spoke with a police misconduct
attorney in Minnesota who seemed hopeful about the odds that Good’s family might
face in court. Others I spoke with were somewhat less optimistic. Winning
lawsuits against cops who kill “is challenging by design,” as Michelle Lapointe,
legal director of the American Immigration Council, an immigrant rights advocacy
group, wrote on the group’s website.
To flesh that out, I caught up with Lauren Bonds of the National Police
Accountability Project, a national group that works with civil rights attorneys
to file lawsuits over police misconduct. Our conversation below, edited for
length and clarity, explores the legal hurdles to beating an ICE officer like
Good’s killer, Jonathan Ross, in civil court.
It’s notoriously tough to sue police, but it’s even harder when the officer is
federal. What are the challenges?
You’re absolutely right: All the problems you have with suing a regular law
enforcement officer exist, and then you have additional barriers. There are two
distinct pathways to sue a federal officer for misconduct or excessive force:
One is a Bivens action—a court-created pathway that allows you to sue federal
agents for constitutional violations. And then there’s the Federal Tort Claims
Act, a statutory provision that allows for these lawsuits to move forward.
The problem with Bivens is it’s been really, really narrowed in recent years by
this particular Supreme Court. First there was Hernandez v. Mesa, a 2020 case
where a Border Patrol agent shot and killed a child on the other side of the
border in Mexico. And the court said it didn’t fit within the narrow confines of
Bivens. And then there was a case in 2022, Egbert v. Boule, that foreclosed any
new Bivens action: Basically the court said that this type of civil rights
violation is something you can pursue under Bivens, but if it’s anything new,
we’re not going that far.
The Federal Torts Claims Act (FTCA) is where more people are going to get relief
for violations by federal officers. It basically says that any tort that you
would suffer under state law [such as false arrest, assault, or battery] you can
sue the federal government for—with vast exceptions: There’s one that comes up a
lot for law enforcement cases, the “discretionary function” exception, which
says an officer can’t be sued for anything that he or she needs to use
discretion for. Courts have done a good job of interpreting that to mean
discretion in terms of policymaking decisions, but some courts get it wrong. So
those are the two pathways—they’re both narrow, and they’re both complicated.
There’s the issue of qualified immunity for police officers, or even sovereign
immunity for the federal government, right?
Sovereign immunity [a legal principle that says the federal government can’t be
sued without its consent] wouldn’t come up in an FTCA case, because it’s a
statute in which Congress waived sovereign immunity and agreed to be sued under
certain circumstances. It does come up as a defense when [the government is]
saying, Oh, this case falls within an exception, but they can’t assert it
otherwise.
If you were to file a constitutional claim under Bivens, they could invoke
qualified immunity, another protection that law enforcement officers have; it
asks whether there is case law in the circuit that would have put the officer on
notice that their conduct was unconstitutional. [If not, the officer is
essentially off the hook.]
A lot of courts have taken that requirement to an extreme place, basically
saying it’s got to be identical facts—like there are cases that have been thrown
out on qualified immunity because a person was sitting with their hands up
versus standing with their hands up. That level of granularity has been applied
to defeat civil rights claims. And so it’s a difficult barrier to overcome.
Given how hard it can be to sue, what about criminal charges?
It’s definitely possible. There isn’t any immunity from criminal prosecution
that federal officers are entitled to, none that I’m aware of anyway. I know
this issue came up when some ICE raids were planned to take place in San
Francisco back in early fall, with the DA of San Francisco asserting that she
did have authority to pursue criminal action against ICE agents if they broke
California laws.
What about the Supremacy Clause? It protects federal officers from state
prosecution if they were performing their federal duties, right?
The Supremacy Clause protects federal officers when they’re engaged in legal
activity, and so if their conduct is illegal, they wouldn’t be protected. So in
Minneapolis, if the officer engaged in a Fourth Amendment violation, he’d be
beyond the protection of the Supremacy Clause.
This issue has come up with California, too. The Trump administration is suing
California over new state legislation that would create a crime for wearing a
mask and obscuring your identity if you’re a law enforcement officer. And it’s
suing Illinois [for a state law that allows residents to sue ICE agents in
certain circumstances]. Those lawsuits have asserted that the Supremacy Clause
makes these [state] laws unconstitutional—that you can’t take any action against
federal law enforcement officers under state law.
Have you heard of cases in this past year of ICE officers being sued or
prosecuted for misconduct?
I haven’t seen any prosecutions yet. In terms of lawsuits, we’ve seen an
increase in FTCA cases against DHS agents.
Regarding the recent killing in Minneapolis, what do you see as the main path to
accountability, and the main challenges?
There’s going to be all the standard barriers that we talked about, including
the Supremacy Clause defense, particularly because you have so many high-ranking
federal officials, including the president and Secretary Noem, who are saying
that this shooting was the right thing to do and was consistent with him
carrying out his obligations.
On the civil side, this could be a potentially difficult Bivens or FTCA case. I
would note, since we’re on the heels of January 6: Ashli Babbitt, the woman who
died during the Capital insurrection, filed a FTCA case, or her family did, and
got a $5 million settlement from the government. It’s hard to factually
distinguish these cases.
The federal government has authority to settle a case like that, but since the
Trump administration is taking a very opposing position against Good, the woman
who died in Minneapolis, I would be surprised if they would be willing to put
money on the table.
Minneapolis remains on edge after the ICE killing of Renée Good last Wednesday.
As ICE and Border Patrol operations intensify—Homeland Security Secretary Kristi
Noem said Sunday that “hundreds more” agents are being sent to the
city—residents continue to spill into the streets, filming, heckling, and
tracking federal vehicles, block by block.
Following this drama closely is reporter Amanda Moore, who puts it simply:
“Yeah, it’s chaos.” Over the weekend she captured confrontations she describes
as “extremely violent,” including a St. Paul gas station scene where agents
“busted out the window of a car.” (According the DHS, the man driving the car
was a Honduran national with a final removal order.)
Amanda says the mood is a mix of fear and fury, with residents watching arrests
unfold up close and, at times, finding themselves surrounded by “masked men…
banging on your windows carrying guns.” Her bottom line on the enforcement
posture: “Everything is very aggressive.”
Even the timing, she notes, might be a signal of escalation. Amanda says Sundays
were normally a day off from the front lines—“you could do your laundry and
watch TV.” With the ramp-up of federal agents, “I guess not anymore.”
Check out her latest dispatch.
In the immediate aftermath of the ICE killing of Renée Good in Minneapolis last
week, the Trump administration smeared her as a “domestic terrorist,” claiming
that she had weaponized her vehicle. They labeled Good a “violent rioter” and
insisted every new video angle proved their version of the truth: Good was a
menace and the ICE agent a potential victim. That’s despite video evidence to
the contrary, showing Good, by all appearances, trying to leave the scene of the
altercation, while ICE agents acted aggressively. Kristi Noem, the Secretary of
Homeland Security, spent Sunday doubling down, insisting that Good had
supposedly been “breaking the law by impeding and obstructing a law enforcement
operation.”
Last Thursday, Minnesota Governor Tim Walz invoked Orwell’s 1984 to describe
this break between what millions of people saw, and what Trump and his allies
insisted had taken place: “The party told you to reject the evidence of your
eyes and ears,” he quoted. “It was their final, most essential command.”
So, on Sunday, I joined the throng in Manhattan for one of many dozens of
protests held around the country this past weekend. In the middle of Fifth
Avenue, surrounded by raucous, defiant New Yorkers, I asked protesters the
simple question: What did you see?
“I mean, it seems like the bottomless, self-radicalizing thing that the
government is going through,” said Anne Perryman, 85, a former journalist. “Is
there any point when they’re actually at the bottom, and they’re not going to
get any worse? I don’t think so.”
“I think there’s a small minority of Americans who are buying that,” said Kobe
Amos, a 29-year-old lawyer, describing reactions to the government’s
gaslighting. “It’s obviously enough to do a lot of damage. But if you look
around, people are angry.”
“I saw an agent that overreacted,” he added, “and did something that was what—I
think it’s murder.”
Protesters also described a growing resolve amid the anger sweeping the country.
“This moment has been in the works for too long,” said Elizabeth Hamby, a
45-year-old public servant and mom. “But it is our time now to say this ends
with us…Because we want to be a part of the work of turning this tide in a
different direction.”
Kansas City police Officer Matt Masters first used a Taser in the early 2000s.
He said it worked well for taking people down; it was safe and effective.
“At the end of the day, if you have to put your hands on somebody, you got to
scuffle with somebody, why risk that?” he said. “You can just shoot them with a
Taser.”
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app.
Masters believed in that until his son Bryce was pulled over by an officer and
shocked for more than 20 seconds. The 17-year-old went into cardiac arrest,
which doctors later attributed to the Taser. Masters’ training had led him to
believe something like that could never happen.
This week on Reveal, we partner with Lava for Good’s podcast Absolute: Taser
Incorporated and its host, Nick Berardini, to learn what the company that makes
the Taser knew about the dangers of its weapon and didn’t say.
This is an update of an episode that originally aired in August 2025.
“She behaved horribly.”
That’s how President Donald Trump described Renee Good, the 37-year-old woman
who was repeatedly shot and killed by an ICE officer on Wednesday, roughly one
mile from where a police officer murdered George Floyd nearly six years ago.
Speaking to the New York Times, the president then pushed the spurious narrative
that Good had run over the officer, prompting him to shoot. “She didn’t try to
run him over,” he said without evidence. “She ran him over.”
The remarks are consistent with the administration’s impulse to defend, often
with cruel vociferousness, the conduct of ICE officers as they detain,
terrorize, sometimes with gunfire, and then brag about it. But its perpetuation
by the president and his allies, now that a woman in Minneapolis is dead, is
taking on new levels of impunity.
“This vehicle was used to hit this officer,” Homeland Security Secretary Kristi
Noem told reporters in New York on Thursday, where she had been addressing ICE
operations in the city. “It was used as a weapon. The officer felt like his life
was threatened.”
As federal agents stood behind her, Noem appeared unmoved as reporters
repeatedly referred to the multiple video angles that have essentially proven
the outright falsehoods of the administration’s smear campaign. As for Good,
who, by all accounts of those who knew her, was an exceedingly kind woman, Noem
continued to charge her with “domestic terrorism,” just as Stephen Miller did on
Wednesday when news of the shooting was only just unfolding.
Together, the administration’s pervasive and reflexive disdain for facts—what
can literally be seen without dispute—and the reflex to taint a woman now dead,
crystallize a new level of ugliness for an administration that shamelessly
admits: Violence is us.
> Domestic terrorism. https://t.co/070fSKR8iX
>
> — Stephen Miller (@StephenM) January 7, 2026