Two days after an ICE agent shot and killed Renée Good in Minneapolis, Rep.
Roger Williams issued an ultimatum to the Trump administration’s critics in
Minnesota and beyond.
“People need to quit demonstrating, quit yelling at law enforcement, challenging
law enforcement, and begin to get civil,” the Texas Republican told NewsNation.
“And until we do that, I guess we’re going to have it this way. And the people
that are staying in their homes or doing the right thing need to be protected.”
> Rep. Roger Williams: "People need to quit demonstrating, quit yelling at law
> enforcement, challenging law enforcement, and begin to get civil."
> pic.twitter.com/r5TFLgFHy1
>
> — Aaron Rupar (@atrupar) January 9, 2026
That’s a pretty clear encapsulation of MAGA-world’s views on dissent these days.
You aren’t supposed to protest. You aren’t supposed to “yell at” or “challenge”
the militarized federal agents occupying your city. And anyone who wants to be
“protected” should probably just stay “in their homes.” Williams isn’t some
fringe backbencher; he’s a seven-term congressman who chairs the House Small
Business Committee. He is announcing de facto government policy.
For nearly a year, President Donald Trump and his allies have been engaged in an
escalating assault on the First Amendment. The administration has systematically
targeted or threatened many of Trump’s most prominent critics: massive law
firms, Jimmy Kimmel, even, at one point, Elon Musk. But it’s worth keeping in
mind that some of the earliest victims of the president’s second-term war on
speech were far less powerful.
Early last year, ICE began arresting and attempting to deport people with legal
immigration status—such as Mahmoud Khalil and Rümeysa Öztürk—who had engaged in
pro-Palestinian activism or expressed pro-Palestinian views. The administration
was explicit about the new policy. Troy Edgar, Trump’s deputy secretary of
Homeland Security, made clear that the government was seeking to remove Khalil
in large part because he’d chosen to “protest” against Israel. Asked about such
cases, White House Press Secretary Karoline Leavitt said that engaging in
“anti-American, antisemitic, pro-Hamas protest will not be tolerated.”
It should have been obvious at the time that Trump allies were laying the
groundwork for an even broader crackdown. “When it comes to protesters, we gotta
make sure we treat all of them the same: Send them to jail,” said Sen. Tommy
Tuberville (R-Ala.) in March, discussing Khalil’s arrest on Fox Business
Network. “Free speech is great, but hateful, hate, free speech is not what we
need in these universities.”
That’s pretty close to Williams’ demand on Friday that “people need to quit
demonstrating.” It also sounds a lot like Attorney General Pam Bondi’s widely
derided threat in September that the DOJ “will absolutely target you, go after
you, if you are targeting anyone with hate speech.”
Hate speech—regardless of what the Trump administration thinks that means—is
protected by the First Amendment. Bondi can’t prosecute people for expressing
views she dislikes. And ICE can’t deport US citizens like Good.
But of course, federal law enforcement has more direct ways to exert control.
“The bottom line is this,” said Rep. Wesley Hunt, a Texas Republican running for
US Senate, in the wake of Good’s death. “When a federal officer gives you
instructions, you abide by them and then you get to keep your life.”
> Rep. Wesley Hunt: "The bottom line is this: when a federal officer gives you
> instructions, you abide by them and then you get to keep you life"
> pic.twitter.com/JhA09qoT8r
>
> — Aaron Rupar (@atrupar) January 7, 2026
Moment’s later, Newsmax anchor Carl Higbie complained to Hunt that Minnesota
Gov. Tim Walz (D) had “literally told Minnesotans to get out and protest and
that it is, quote, ‘a patriotic duty.'”
“People are going to go out there,” Higbie warned ominously. “And what do you
think is going to happen when you get 3, 4, 5,000 people—some of which are paid
agitators—thinking it’s their ‘patriotic duty’ to oppose ICE?”
Tag - Civil Liberties
After an ICE agent shot and killed Renee Good in Minneapolis this week, firing
his weapon as she attempted to drive away, protesters have amassed around the
country, many wondering: Can that officer be taken to court?
The Trump administration, predictably, says the agent, Jonathan Ross, is immune
from prosecution. “You have a federal law enforcement official engaging in
federal law enforcement action,” Vice President JD Vance told reporters on
Thursday. “That guy is protected by absolute immunity. He was doing his job.”
But what do independent attorneys say? After the shooting, I reached out to
Robert Bennett, a veteran lawyer in Minneapolis who has worked on hundreds of
federal police misconduct cases during his 50-year career. “I’ve deposed
thousands of police officers,” he says. “ICE agents do not have absolute
immunity.”
Bennett says the state of Minnesota has the right to prosecute an ICE agent who
commits misconduct. But, he adds, that might be difficult now that the FBI has
essentially booted the state’s Bureau of Criminal Apprehension off the
case—blocking access, the BCA wrote, to “case materials, scene evidence or
investigative interviews necessary to complete a thorough and independent
investigation.”
In the conversation below, edited for length and clarity, Bennett discusses how
the shooting in Minneapolis unfolded and the legal paths forward.
When you watched the videos of this shooting, what did you see?
You saw what could be easily identified as four ICE officers. And they’re all
experiencing, to a greater or lesser extent, the same set of operative facts,
the same factual stimuli. But only one officer, seeing the set of circumstances,
picked up his weapon. None of the other officers did. That’s a bad fact [for
Ross].
Also, the officer walked in front of the car, which counts against him in the
reasonableness analysis. If you look at the recent Supreme Court case of Barnes
v. Felix, that’s problematic for the ICE agent.
What happened in Barnes v. Felix?
It’s a shooting case where the officer walked around the car, [lunged
and jumped onto the door sill], and put himself in harm’s way. You can’t
bootstrap your own bad situation [to] allow a use of force.
What did the court find?
They sent it back to the trial court to consider it. But there’s good language
in there.
You said it’s bad news for the ICE agent, Ross, that his colleagues didn’t pull
their weapons. Can you talk more about that?
Sure, we’ve had several other cases. There was a tactical semicircle, a bunch of
officers aiming their guns at a couple fighting over a knife; one officer out of
the eight or nine fired his weapon, none of the others perceived the need to.
And that’s important because it suggests the officer who fired wasn’t
reasonable, right? Under federal law, an officer can only use deadly force if
they had a reasonable fear that they could otherwise be killed or harmed.
It’s an objective reasonableness standard. So it’s not whether you were
personally scared out of your wits and fired your gun. It’s: Would an
objectively reasonable officer at the scene have fired his weapon, believing he
was in danger of death or immediate bodily harm?
In Ross’ case, there was a previous incident—Ross had shot [with a Taser]
through a window before at somebody in the car, and the guy hit the gas, and
Ross had stuck his arm through the broken window, and he got cut [and dragged
about 100 yards]. And so he was supposedly reacting to that. He’s not an
objective officer at that point.
The Trump administration has suggested that Ross is immune from prosecution as a
federal officer. Why do you say he’s not?
There’s plenty of case law that allows for the prosecution of federal law
enforcement agencies, including ICE. And it’s clear under the law that a federal
officer who shoots somebody in Minnesota and kills them is subject to a
Minnesota investigation and Minnesota law.
Now, the feds just took that away this morning, and they’ve already decided
who’s at fault. The Minnesota Bureau of Criminal Apprehension was going to do an
investigation to find out.
But I can tell you, the federal code provides that when there is a state
criminal prosecution of a federal officer in Minnesota or any other state, the
officer has the right to remove the case to federal court. So if Ross was
charged in Hennepin County, he could remove the case to the United States
District Court for the District of Minnesota, have a federal judge deal with his
case. The code is explicitly predicting such a prosecution could take place. If
there was immunity of an absolute nature, you wouldn’t need that section, right?
The administration seems to argue that Ross is protected under the Supremacy
Clause, which essentially says that states can’t charge a federal officer if the
officer was acting within the scope of his duties.
Do you think killing people is acting within the scope of their duties? What if
they decided to kill the 435,000 people in the city of Minneapolis while they
were here, would the Supremacy Clause give them a free pass? I don’t think so.
Also, if there was an actual independent investigation, and you apply the actual
federal case law to this, and you concluded that Ross violated her rights by
using excessive deadly force, he could be indicted federally. Now, nobody
believes that would ever happen now: For a guy who talked a lot about rigged
things, this [investigation] is rigged. Kash Patel took over the autopsy, so who
knows, maybe they’ll say she died of a heart attack when she was backing up.
If the officer isn’t charged criminally, the other route is a lawsuit. What are
the challenges there?
My team and I think there are ways to do it. I hope that her mother, or her next
of kin, calls us and we’ll figure out a Bivens action or a Federal Tort Claims
Act case, or something else. If you look at this case carefully, it has all the
hallmarks of cases we’ve either won or settled for amounts of money no
reasonable person would pay us if we weren’t going to win. It is essentially a
garden variety unjustified use of deadly force case. And that’s based on the
facts we know now; I bet the case is going to get better.
Tributes poured in on Sunday following the news of the death of director and
actor Rob Reiner and his wife, film producer and photographer Michele Reiner. If
you take a look at them, you’ll notice that many go beyond his film work and
speak glowingly about his progressive activism—except for one missive from
President Donald Trump.
The president lashed out earlier today, claiming the filmmaker had “TRUMP
DERANGEMENT SYNDROME” and hated that his administration “surpassed all goals and
expectations of greatness.”
> Remember when they tried to make criticizing Charlie Kirk after his murder
> into a capital offense?(Yes, this is real.)
>
> — Joel S. (@joelhs.bsky.social) 2025-12-15T14:59:18.290Z
Reiner was a co-founder of the American Foundation for Equal Rights (AFER), a
nonprofit organization established to sponsor a federal lawsuit to overturn
California’s Proposition 8 in 2009.
The ballot proposition banned same-sex marriage and added language to the
California Constitution, stating “only marriage between a man and a woman is
valid or recognized in California.”
Religious organizations, including the Catholic Bishops of California and the
Church of Jesus Christ of Latter Day Saints, advocated for the proposition
through in-person canvassing and millions of dollars in donations.
A report from The Hollywood Reporter stated that Reiner collaborated with
political strategists to establish AFER and leveraged his entertainment industry
connections to secure $3-5 million in financial backing from wealthy film
producers to support its legal work.
AFER supported two couples—Kris Perry and Sandy Stier, and Paul Katami and Jeff
Zarrillo—and argued that Prop 8 discriminated on the basis of gender and sexual
orientation.
Chief US District Judge Vaughn Walker overturned Prop 8 in 2010, citing that it
violated both the Due Process and Equal Protection clauses of the Fourteenth
Amendment.
The case went all the way to the US Supreme Court due to appeals. The court
decided in 2013 that the Prop 8 sponsors did not have legal standing to dispute
the ruling because they could not demonstrate a “personal and tangible harm”
that went beyond a “generalized grievance.”
Prop 8 wasn’t just a one-off in Reiner’s progressive activism. In 1998, he led
the campaign to pass Proposition 10 in California. It passed that November,
authorizing a $0.50 tax on cigarettes and up to $1 on other tobacco products,
such as cigars. The money generated went to First 5 California, which
distributes funds to the state’s county branches in support of programs for
young children, such as health care and school readiness.
“I loved Rob,” Kathy Bates, who won an Oscar for her starring role in Reiner’s
film, “Misery,” said in a statement to Deadline. “He was brilliant and kind, a
man who made films of every genre to challenge himself as an artist.”
Despite these progressive policy wins for Reiner, he was still compassionate
enough to mourn people whose politics he despised. After Charlie Kirk was
murdered in September, Reiner appeared on Piers Morgan Uncensored. “That should
never happen to anybody,” he said of Kirk’s violent and public assassination. “I
don’t care what your political beliefs…that’s not a solution to solving
problems.”
> Rob Reiner responded with grace and compassion to Charlie's assassination.
> This video makes it all the more painful to hear of he and his wife's tragic
> end. May God be close to the broken hearted in this terrible story.
> pic.twitter.com/07g2EFu8Ha
>
> — Andrew Kolvet (@AndrewKolvet) December 15, 2025
As of this writing, Reiner’s murder is still being investigated by Los Angeles
police and Hollywood is left to mourn one of its most visionary activists.
Jason Stanley isn’t afraid to use the F-word when talking about President Donald
Trump. The author of How Fascism Works and Erasing History: How Fascists Rewrite
the Past to Control the Future is clear: He believes the United States is
currently under an authoritarian regime led by a fascist leader.
At a time when the Trump administration is putting increasing pressure on
private and public universities to conform or lose funding, Stanley recently
left his position at Yale University and moved his family to Canada, where he’s
now the Bissell-Heyd chair in American studies at the Munk School of Global
Affairs & Public Policy at the University of Toronto. The move, he says, has
allowed him to talk about the US in a way that wouldn’t have been possible if he
remained in the country.
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“I knew that if I stayed at Yale, there would be pressure not to bring the Trump
administration’s wrath onto Yale,” he says. “I knew that Yale would try to
normalize the situation, escape being in the press, urge us to see the fascists
as just politically different.”
On this week’s More To The Story, Stanley traces the recent rise of fascist
regimes around the globe, and explains why he describes what’s happening in the
US today as a “coup” and why he thinks the speed and scope of the Trump
administration’s hardline policies could ultimately lead to significant pushback
from those opposed to the president.
Find More To The Story on Apple Podcasts, Spotify, iHeartRadio, Pandora, or your
favorite podcast app, and don’t forget to subscribe.
This following interview was edited for length and clarity. More To The
Story transcripts are produced by a third-party transcription service and may
contain errors.
Al Letson: So your new book, Erasing History, focuses on what you call the rise
of global fascism and specifically on the role of education in authoritarian
regimes. Tell me about that.
Jason Stanley: It’s really a prequel to my 2018 book, How Fascism Works. So I’m
a philosopher first and foremost, so what I’ve been doing, really, I envisage a
kind of trilogy eventually with the third book being what to ho, how to stop
this, but How Fascism Works is about fascist politics, how a certain kind of
politics works to catapult people into power when they use it as a practice,
whether they might be ideologically fascist or not. I think everybody accepts
that whatever the Trump machine believes behind the scenes, they’re employing
techniques familiar from the Nazis. It’s the same set of scapegoats except not
the Jews, but immigrants, LGBTQ citizens, opposition politicians, et cetera.
So for fascist politics to be maximally effective, you need a certain kind of
education system that tells people that their country is like the greatest ever.
And as I show in the book, Hitler is extremely clear about this in Mein Kampf,
he speaks in very clear terms about education and the necessity of having an
education system where you promote the founders of the nation, the great Aryan
men who founded the German nation as great exemplars and models, and you base
the education around that.
And hey, in the United States we already had an education like system like that.
So if that is your background education system, then you can set up great
replacement theory. You can say America’s greatness is because it had these
great white Christian men. And so if you try to replace those men, if you try to
replace white Christian men in positions of power by non-whites or women, or
non-white women most concerningly from this perspective, then that’s an
existential challenge to American greatness.
Just for basis of this conversation, can you give me your definition of fascism?
Many countries have fascist, social, and political movements, and have them in
their history. The United States certainly does: eugenics, the immigration laws
that Hitler so admired. And in the United States, in the black intellectual
tradition you consider Jim Crow a fascist social and political movement. And Jim
Crow, the second Ku Klux Klan was, ideologically very similar to German fascism
particularly.
But whereas in Europe you had–and this is what we think of when we think of
fascism–you had a cult of the leader. So I would go with something like a cult
of the leader who promises national restoration in the face of supposed
humiliation by immigrants, minorities, LGBTQ citizens, feminists, and leftists.
Jim Crow South did not have a cult of the leader, wasn’t organized around a
Trump figure, but what we now have in the United States is something that looks
a lot closer to German fascism.
You consider President Trump a fascist?
Oh, yeah. And even more… I mean, if you think of fascism as a set of tactics and
practices, yes. What President Trump has in his heart, I don’t know.
Do you feel like America is living in an authoritarian state?
Of course. I think right now, the Trump regime has decided it has enough of the
levers of power that they don’t need to have public support anymore. And it is
not clear to me whether or not they’re correct on that. They might be wrong.
They might have just misstated the moment, and in fact, there will be civil
resistance. The institutions will see that they have to unify. That might
happen. Civil society is not, I think, buying the propaganda line of the regime.
So I’m not saying by any means that things are lost. And in fact, the rapidity
by which this has happened might actually work against this coup that is now
happening.
But the problem is the Supreme Court is nothing but a far-right Trump loyalists,
nothing but, so everything they’re going to do, they rule almost entirely in
favor of Trump. They’re not minds on that court for the most part, the
conservative majority, they’re only there for the purposes of keeping Trump in
power and whatever far-right machine replaces him. And things are moving
quickly, they’re seizing the levers of power. But I do not think they have
popular support, and I think they will have even less popular support as this
proceeds.
You just used the word coup. Do you think that a coup is happening in the United
States?
Yes, a coup is happening in the United States.
Walk me through that. Why do you think it’s a coup, in the sense of, I mean,
these guys were elected? I’m just curious why you use that word, that’s all.
Right, let’s look at what’s happening with the boats that they’re blowing up and
now in the Pacific, first in the Caribbean, now in the Pacific, they’re just
simply assassinating people for no reason whatsoever. It’s completely illegal.
In fact, what it now means is that Trump could just kill anyone anywhere just by
saying they’re a terrorist. The way it’s going to work is they’re going to say,
“Okay, these narco traffickers are terrorists. Oh, the immigrants are
terrorists. Anyone protesting ICE now is a terrorist. If you’re against us
blowing up boats without any legal justification or evidence, or if you are
against ICE brutalizing little kids, you are a terrorist. The Democratic Party
are terrorists.” So they’re trying to illegalize the opposition.
What they’re doing is so far beyond what’s legal, so there’s no legality
anymore. Everybody who supports Trump gets pardoned. Trump tells people, tells
the military the real enemy is within, namely the opposition. The Democratic
states and Democratic cities will have the military, the National Guard, the red
states are essentially invading the blue states. All of this is an overthrow of
the Democratic order, and it’s already happened.
So you’ve been studying this for a long time. You’re watching America change or
maybe kind of realize the destiny that’s kind of always been under the surface
because I would argue that what we’re seeing now was set up long time ago. And
it just took a little while for it to come to the surface. In seeing all that,
was that a part of why you decided to leave the United States?
I knew when I made the decision in March that people were going to be harshly
critical. Somebody yelled at me the other day, they were like, “You are safe,
you’re a Yale professor.” I just didn’t want to deal with the whole structure. I
knew that if I stayed at Yale, there would be pressure not to bring the Trump
administration’s wrath onto Yale. I knew that Yale would try to normalize the
situation, escape being in the press, urge us to see the fascists as just
politically different, and talk about polarization, which is just fascism. All
the people talking about polarization are just fascism enablers. They’re almost
worse than the fascists because they’re just like, “Hey, how do I keep getting
money in power?” I’ll say the fascists are normal.
And so I was just like, “Okay, I have this great opportunity.” And I thought
that without that pressure, because I do love Yale, and so I love my time there.
I love my colleagues, I love my students, I love the institution as a home to do
my work, and I just felt I would be torn. I couldn’t hit hard in the way that
I’m hitting hard now with you and I’m hitting hard when I go on TV and I’m
hitting hard when I write my op-eds, I can say whatever I want in Toronto about
the United States and about global fascism, and I’m building an institute here
to create fellowships for journalists from all around the world to figure out
what’s going on and how to respond to what’s going on. And I don’t think I could
have done that in a university in the United States.
So the Trump administration is targeting funds for private universities in hopes
of pushing them into a more conservative agenda. And as of this recording, it’s
closing in on a deal with the University of Virginia. You’ve called this a war.
So how would you advise other universities, given where we are in the world, but
also the desire within those universities to protect the institution?
Everyone has to say fuck you. I mean, it’s the only way to… I mean, you could
say Yale predates American democracy, which is true, but a university in a
democracy is a core democratic institution. That’s why they attack universities
first and the media. They’ve taken the court. Obviously, the Supreme Court is
taken. So unfortunately, what you have to do, every single democratic
institution has to band together and defend each other.
And we’ve already had that total breakdown because starting in 2015, we had this
Coke-funded movement creating a moral panic about universities, and the New York
Times piled on this moral panic. You couldn’t open the New York Times for years
without reading another op-ed about hysterical moral panic about leftists on
campus. All the while it was a total fiction that the whole time the right-wing
press from Turning Points USA’s Professor Watchlist, originally Breitbart,
Campus Reform, there was this massive attack on progressives and universities
where progressive professors were terrified of being targeted by the
conservative students and universities completely. So the media viciously
attacked universities and set the groundwork for Trumpism. So that has to stop,
and the both-siderism has to stop. The whole stuff about polarization, that’s
just enabling fascism.
Yeah, explain that to me because you don’t like when people talk and say
polarization, because the polarization, the idea that things are more toxic than
they’ve ever been, and people are choosing sides, and all of that. Specifically,
why don’t you like that?
Because one side is led by fascists. I mean, it’s like saying the Civil War, the
problem with the Civil War was polarization. It’s literally like that. History
will look back at this time at figures who talk about polarization exactly like
history looks back on people who called John Brown a crazy person or who said,
“Oh, it’s too early for abolition. It’s, oh, terrible, polarized time.” One
group thinks that slavery is good, and the other group thinks it’s bad, terribly
polarized. Or Nazi Germany. One group thinks Jews should be killed, the other
one thinks they’re okay, it’s Polarized. It’s nonsensical. It’s just fascism
enabling.
Let me ask you this: do you think Benjamin Netanyahu is a fascist?
Oh, well, of course, more so than Trump even.
You’ve said in the past that Jews in particular need to speak out about what’s
happening and how history will look back at this time period. Why do you think
it’s so important for Jewish people to speak up at this time?
Well, first of all, because the genocide is being perpetrated in our name,
there’s a long tradition of European Jews from which I come who do not accept,
from my father’s side. My mother’s Polish Jewish and has very different views
about Israel than I do, and I’m not questioning, I don’t know what it means to
question the existence of a state as Israel’s there, nobody should be killed in
Israel, nobody should be moved away from Israel, it’s there, but Israel should
stop the practice of apartheid. Obviously, they should not commit a genocide,
and it’s the first televised genocide in human history.
Jan Karski spent… of the Polish Home Army spent… deeply risked his life visiting
the Warsaw Ghetto, infiltrating the death camp system to spread word of what was
happening in Poland with the death camp, with the Nazi death camps, and no one…
Roosevelt didn’t believe him. Now we’ve got it all on social media. So Jews have
to speak out about that. We have to say this is not in our name, and we have to
do that in a way that makes it clear that we’re not calling for the end of… for
anyone to be thrust out of Israel. Palestinians and Jews should have equal
rights, and apartheid has to end. And then Jewish people have suffered fascism.
I mean, Russians have suffered fascism too, but they’re still awfully fascist,
so that’s what we learned from Israel as well. But my Judaism, my version of
Judaism is the tradition of liberalism. And we Jews did represent liberalism,
the idea that a nation cannot be based on an ethnicity or a religion, the idea
that if you are in a place, that is your home, and it doesn’t matter what your
religion or ethnicity is, that’s why we were killed and why we were targeted.
What is it about this moment in time that we are seeing fascist movements all
over the planet happening and gaining power? What is it at this moment that
we’re seeing all this?
Well, one thing I think is essential to see is the global nature of this. You
cannot investigate Trumpism just by looking at the United States. Now we’re
seeing Trump offer $20 billion to Argentina to support their far-right leader. I
mean, that’s a crazy amount of money. And they’re saying, “Well, you better keep
them in power.” So these are connected movements.
I’ve been thinking about writing about this for months, but now it’s getting
more attention now that Homeland Security has tweeted it, but remigration. It’s
very clear there are powerful links between Germany’s fascist party, Alternative
für Deutschland, and the Trump regime since the Munich Security Conference at
least. Vance went over and met with the head of AfD and not with the Chancellor
of Germany who’s a conservative. And then there was all this stuff about Germany
threatening to ban AfD. That became central to the Trump regime. So when
Homeland Security tweets remigration, which is not a word in the English
language. It’s a word created by Martin Zellner who intended it to mean taking
citizenship away from non-white, from Muslims.
Right. When we look back on moments like Nazi Germany and wonder why people
didn’t do something about these atrocities faster, do you think that people just
at some point become complacent?
Yeah. I mean, people just don’t get that under fascism or virtually any kind of
authoritarianism, you can still go to the club, there are still raves, there are
restaurants, there are bars. They’re like, “How could it be fascism because I
can go to the restaurant and complain about the government to my friends?”
So it’s like what you’re saying, a large chunk of the population are still
living their regular routine, going to work, coming home, taking care of their
kids, all of that, but they’re oblivious to… or they’re tuning out what’s
happening to people in the margins?
Yeah. I mean, we’re creating large concentration camps for immigrants. Lawyers
can’t get into these places. Congress people are being blocked from their
oversight role. So we now have concentration camps in the United States. We have
people in masks kidnapping people off the streets. I don’t even like to say,
“Oh, now it’s going to go to protesters,” which it obviously will, but because
it’s bad enough that little kids are watching their parents snatched away in
immigration courts, that’s bad enough. And all the people who are enabling this,
all the people who are normalizing this, I don’t myself believe in hell, but I
think there’s a lot of people out there who are patting their wallets, getting
that extra attention by normalizing this, by saying, “Oh, maybe we need to
really… This cruelty is okay, it’s part of… It’s just you disagree with it.
We’re polarized.”
Yeah. Well, I think that we have, in many ways, been dehumanized by the media we
consume. When you look back at the civil rights struggle, when those images came
on TV, it made change…
Exactly.
… because we were in a different place.
Now, the reaction is when young people rise up, when they see images on the
screen or they see what’s happening to immigrants or they’re seeing what’s
happening to democracy, heads are getting cracked or they’re threatening to
crack heads. I mean, I think this is what I was saying before, I’m not sure
they’re going to be successful on this because I think civil society is really
pushing back, and they’ve threatened people if they showed up at the No Kings
demonstrations, but people still showed up, so it kind of didn’t work.
What do you see for the near future for the United States?
Well, I’m actually heartened by certain things, I’m heartened by the… I see that
the regime has… So the regime is going hog wild. They’re soaking themselves in
cruelty and corruption and illegality, and their justifications for this are not
playing with the American people. Most Americans are starting to get that we’re
facing a dictator, an out of control dictator. I think that what you’re going to
see as people see the American Republic being cracked apart and sold for parts
to the tech fascists, to anyone really. Basically, Trump is saying, “Line up
behind my corruption, line up behind my brutalization of immigrants, my
targeting of domestic opponents, and you’ll profit, you’ll get that $50,000
signing bonus for ICE, you’ll profit, you’ll get the government contracts, the
courts will rule in your favor.”
But I think it’s becoming clearer and clearer to many Americans what’s going on.
The problem is fascism and dictatorship, and the regime went over its skis. So
that’s where I see the hope here, that I think they went too fast. So it’s a bad
time, but I think that there is a lot of civil society reaction, and so we just
don’t know what’s going to happen right now.
Yeah. Jason Stanley, thank you so much for taking your time to talk to me, man.
This was great.
Yeah, great conversation in difficult times.
In greater Los Angeles, the Trump administration’s goal of deporting millions of
people is being operationalized through often violent raids that target people
who appear Latino while waiting for the bus or working in low-wage jobs. A
shorter way to say this is racial profiling of low-income people. Today, the
Republican-appointed justices on the Supreme Court blessed this approach.
> “We should not have to live in a country where the Government can seize anyone
> who looks Latino.”
The ruling, on the so-called shadow docket, is yet another in a long string of
cases since the spring in which the GOP appointees have allowed the Trump
administration’s power grabs. From firing federal workers and agency heads to
deporting people to dangerous countries without due process, the court’s
majority has waived aside precedent, clear statutory language, and even
constitutional protections in order to give this president increasing power.
This time, the pesky thing standing in the way was the Fourth Amendment.
“The Fourth Amendment protects every individual’s constitutional right to be
‘free from arbitrary interference by law officers,'” Justice Sonia Sotomayor
wrote in her dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson.
“After today, that may no longer be true for those who happen to look a certain
way, speak a certain way, and appear to work a certain type of legitimate job
that pays very little.”
Among the administration’s long list of recent wins, this case is particularly
foreboding. It allows the government to target people because of their
appearance and how they speak, as well as where they were found and what kind of
work they do—factors that the district court found likely violate the Fourth
Amendment. To move freely in this country, it may become increasingly important
to look white. As Sotomayor, the court’s only Latino justice, wrote in dissent,
the majority has created a “a second-class citizenship status” of people who may
be subject to harassment. Today’s decision sets a course for the United States
to become a country where masked officers pluck people from streets and
businesses because of how they look.
But to the court’s majority, the Latino citizen or visa holder who must now
carry immigration documents or a passport every time they leave the house, and
who might endure repeated harassment from federal agents anyway, is not the real
victim. Instead, granting emergency relief to the Trump administration indicates
the justices think the greatest harm is that the government might be forced to
turn away from indiscriminate raids and put more effort into finding
undocumented immigrants while this case challenging its tactics moves through
the courts. As former prosecutor Ken White, a frequent media commenter, summed
up the court’s holding: “Supreme Court Rules 6-3 That Fundamental Interests Of
United States Of America Would Be Irreparably Harmed If It[s] Race-Based
Harassment And Detention By Masked Thugs Were Even Temporarily Halted.”
It has become typical that even in extraordinary opinions granting the
administration new powers, the GOP appointees provide little to no explanation.
On Monday, the court’s majority once again declined to explain its rationale in
a written decision—possibly because it doesn’t even have a cohesive argument.
But Justice Brett Kavanaugh nonetheless provided a concurrence, a kind of
opinion that usually accompanies another justice’s fuller explanation. Perhaps
Kavanaugh’s attempt to explain his reasoning in this case provides a partial
explanation for why the majority so often remains silent: to show its reasoning
would be to betray just how weak that reasoning is.
Kavanaugh’s words are all we have to understand the court’s decision. And while
the explanation he provides is poor, that in itself is illuminating. The only
way Kavanaugh can justify the government’s actions is to put on blinders, ignore
the fact-finding performed by the district court, presume the Trump
administration is acting in good faith, and even ignore the actual policy that
the Trump administration is applying. You don’t need to be a lawyer to see the
flaws, or read the counterpoints in Sotomayor’s dissent, to see that some of
what Kavanaugh writes simply doesn’t make sense.
> Millions of people in Los Angeles now fear leaving their homes.
Kavanaugh, for instance, claims that the plaintiffs in this case, which include
citizens who have been detained by ICE during its raids as well four groups that
represent immigrant and worker rights, don’t have standing to challenge the
administration’s immigration enforcement in Los Angeles because individuals and
association members are unlikely to be detained again. “What matters is the
‘reality of the threat of repeated injury,'” he writes, before ludicrously
concluding that the plaintiffs “have no good basis to believe that law
enforcement will unlawfully stop them in the future based on the prohibited
factors—and certainly no good basis for believing that any stop of the
plaintiffs is imminent.” That must be news to the millions of people in Los
Angeles who now fear leaving their homes, not because they have done anything
illegal but because simply being at work, waiting for the bus, or going to Home
Depot is enough to get slammed against a wall or taken to a warehouse for
questioning.
If you are a Latino citizen who takes the bus to work in Los Angeles or
frequents Home Depot, and ICE detains you once, what would insulate you from the
same thing from happening again? Of course, the answer is nothing. Kavanaugh’s
reasoning here seems to completely ignore how ICE is choosing its targets, even
though that is literally the subject of the lawsuit.
Kavanaugh’s rejection of the facts continues when he brushes aside the often
violent reality of ICE raids, as documented by the plaintiffs, and instead
dismisses an ICE stop as a minor inconvenience. “As for stops of those
individuals who are legally in the country, the questioning in those
circumstances is typically brief, and those individuals may promptly go free
after making clear to the immigration officers that they are U. S. citizens or
otherwise legally in the United States.” Sure, that’s possible.
But Kavanaugh’s chipper language is belied by recent images of hundreds of
people being shackled at a Hyundai plant site in Georgia, and bused 100 miles to
a detention center, including reportedly people with valid work permits and
citizens—even those with their immigration documents on them—where some were
held for days. Evidence presented by the plaintiffs in this case demonstrated
that citizens were pinned against walls and driven away for questioning. There
is an indignity that goes along with always having to carry papers because of
what you look like. But Kavanaugh doesn’t acknowledge any of that. To do that,
he would have to acknowledge that the most-harmed party might not actually be
Trump and his plans.
“We should not have to live in a country where the Government can seize anyone
who looks Latino, speaks Spanish, and appears to work a low wage job,” Sotomayor
wrote. In LA now, that is the reality, at least as long as this case continues.
And there’s no reason in this opinion to assume it won’t soon be the reality for
the rest of us, too.
For the last 18 months, the Heritage Foundation, the right-wing think tank
responsible for Project 2025, has been organizing to quash pro-Palestine
activism in the United States, the New York Times reported this weekend. The
initiative is called Project Esther—after the courageous Old Testament queen who
saved the Jews from a wicked Persian king—and it recommends that government
officials instruct college administrators to jettison pro-Palestine curriculum
or risk losing federal funding. It also called for foreign students who took
part in anti-Israel demonstrations to be deported. Overall, Project Esther says
its goal is to “dismantle the infrastructure that sustains the [Hamas Support
Network] and associated movements’ antisemitic violence inside the United States
of America within 12 to 24 months.”
In November 2023, a month after Hamas attacked Gaza and pro-Palestinian
demonstrations took place across the US, the Heritage Foundation announced the
precursor to the Esther Project: a coalition called the National Task Force to
Combat Antisemitism. This group, it said at the time, was “dedicated to
combating antisemitism at home and abroad and to supporting the state of
Israel.” Notably, the coalition was composed of about a dozen groups, generally
not Jewish but rather evangelicals who proudly call themselves “Christian
Zionists.” Many of them are big names in the world of right-wing activism: the
evangelical nonprofit Family Research Council, the conservative Christian
advocacy group Independent Women’s Forum, and the Trump-aligned America First
Policy Institute, to name a few.
Last year, I wrote about how, for some Christian Zionists, Israel plays a key
role in their end-times scenario of choice. To bring about the Messiah’s second
coming, some believe, the Jews must return to Israel. Once that happens,
however, most of the Jewish inhabitants of Israel will perish, and those who
remain will finally accept Jesus and convert to Christianity. This set of
beliefs is common among adherents of the New Apostolic Reformation, a network of
charismatic Christians who believe that God speaks directly to modern-day
prophets and apostles and that Christians are called to take dominion over the
United States. They will do so by electing Christian leaders who will, in turn,
appoint Christian judges, enact laws and policies that promote Christian values,
and allow Christianity to be taught in public schools.
Some of the Christian Zionist participants in the Heritage Foundation’s
coalition appeared in another of my pieces last year. For example:
> Take the Philos Project, a decade-old nonprofit with an annual budget of $8
> million whose mission is to “promote positive Christian engagement in the Near
> East.” The group, which in 2020 received a $9.4 million grant from the public
> charity National Philanthropic Trust, says on its website that it supports
> “some variant of the two-state solution—ideally a Jewish state with a
> Palestinian minority and a Palestinian state with a Jewish minority.”
>
> On Facebook in January, the organization’s executive director, Luke Moon,
> posted a photo of himself in Israel proudly signing a bomb that was “bound for
> Hezbollah.” That summer on Facebook, he posted a photo of himself wearing a
> T-shirt with a picture of Jesus giving the thumbs-up sign, accompanied by the
> slogan “Jesus Was a Zionist.” Philos Project leaders devoted a recent podcast
> episode to debunking what they called a “conspiracy theory” that AIPAC wields
> political power.
Last October, the Philos Project hosted an event in Washington, DC, to recognize
the one-year anniversary of Hamas’ attack on Israel. Headlining the event was
then-vice-presidential candidate JD Vance. In March on Facebook, Moon posted a
photo of himself meeting with Israeli president Benjamin Netanyahu. Moon also
announced a new group, the Conference of Christian Presidents, a group of
leaders of like-minded organizations who he said would “help ensure the unique
relationship between Israel and the United States goes from strength to
strength.”
According to the New York Times, Moon was one of the founders of the Esther
Project; the others were a charismatic Christian leader and president of the
Latino Coalition for Israel Mario Bramnick, senior Heritage Foundation staffer
James Carafano, and Ellie Cohanim, who served as Trump’s antisemitism envoy
during his first presidency. Of those four, only Cohanim is Jewish.
Regent University, a Christian college in Virginia Beach, Virginia, also is
included in Heritage’s task force. It’s home to the Israel Institute, a new
center that says it is dedicated to “promoting robust Christian scholarship on
Israel,” which was founded in part by Regent’s Robertson School of Government
dean, Michele Bachmann, the former Republican representative from Iowa and 2012
presidential hopeful. Bachmann, a devoted Christian Zionist, has emerged as a
firebrand on the subject of Israel and Palestine. As I wrote:
> Last year, in remarks at a conference hosted by the right-wing student group
> Turning Point USA, Bachmann said of Palestinians, “They need to be removed
> from that land. That land needs to be turned into a national park.” In an
> October 2023 appearance in Los Angeles, Bachmann theorized that “wokeness” in
> Israel prevented the military from anticipating the attack. “It’s entirely
> possible that perhaps the intel service in Israel also had wokeness and
> decided not to pass the information along,” she said.
Project Esther appears determined to ensure that Americans don’t fall prey to
that same wokeness, with the goal of ensuring that all pro-Palestine groups
become associated in the public consciousness with Hamas and terrorism. “The
virulently anti-Israel, anti-Zionist, and anti-American groups comprising the
so-called pro-Palestinian movement inside the United States are exclusively
pro-Palestine and—more so—pro-Hamas,” the group’s initial report states. To
silence that movement, it says, Project Esther must act strategically. “After
9/11 and more than 20 years of the global war on terrorism, the vast majority of
Americans associate al-Qaeda and Islamic extremism with ‘bad,’” the report says.
“This is precisely the effect Project Esther strives to generate when Americans
hear ‘Hamas Supporters’ or ‘Hamas Support Network.’”
The Trump administration hasn’t officially acknowledged Project Esther, although
many of its initial goals have been accomplished or at least are being
implemented. The government has withheld funds for Ivy League colleges and
universities, for example, and it has made aggressive efforts to deport student
activists. As Robert Greenway, Heritage Foundation’s National Security Director,
told the New York Times, it’s “no coincidence that we called for a series of
actions to take place privately and publicly, and they are now happening.”
President Donald Trump’s second term has swung a wrecking ball at diversity,
equity, and inclusion policies and programs throughout the country. Few writers
seem better suited to explain this unique moment in America than Nikole
Hannah-Jones.
A New York Times journalist and Howard University professor, Hannah-Jones has
spent years studying and shaping compelling—and at times
controversial—narratives about American history. In 2019, she created The 1619
Project, a series of stories and essays that placed the first slave ship that
arrived in Virginia at the center of the US’ origin story. Today, the Trump
administration is pushing against that kind of historical reframing while
dismantling federal policies designed to address structural racism. Hannah-Jones
says she’s been stunned by the speed of Trump’s first few months.
“We haven’t seen the federal government weaponized against civil rights in this
way” since the turn of the century, Hannah-Jones says. “We’ve not lived in this
America before. And we are experiencing something that, if you study history,
it’s not unpredictable, yet it’s still shocking that we’re here.”
On this week’s episode of More To The Story, host Al Letson talks to
Hannah-Jones about the rollback of DEI and civil rights programs across the
country, the ongoing battle to reframe American history, and whether this will
lead to another moment of rebirth for Black Americans.
Subscribe to Mother Jones podcasts on Apple Podcasts or your favorite podcast
app.
Find More To The Story on Apple Podcasts, Spotify, iHeartRadio, Pandora, or your
favorite podcast app, and don’t forget to subscribe.
In a sweeping move, President Donald Trump ousted at least a dozen inspectors
general on Friday night, purging major federal agencies of independent watchdogs
tasked with identifying fraud and abuse. A federal law enacted in 2022
stipulates that the president must give Congress at least 30 days notice before
firing an inspector general, as well as reasons for the firing—none of which
occurred.
“It’s a purge of independent watchdogs in the middle of the night,” posted Sen.
Elizabeth Warren (D-Mass.) on X. “Inspectors general are charged with rooting
out government waste, fraud, abuse, and preventing misconduct. President Trump
is dismantling checks on his power and paving the way for widespread
corruption.”
The inspectors general received an email from the White House saying their
positions had been terminated “due to changing priorities.” The number of ousted
inspectors is yet unclear, with reports ranging from at least 12 to about 17.
The Washington Post and New York Times report that agencies whose watchdogs were
removed include the departments of defense, state, transportation, labor,
health, commerce, interior, and veterans affairs, as well as the Environmental
Protection Agency and the Small Business Administration. Some of those ousted
include Trump appointees from the president’s first term.
The system of inspectors general dates back to 1978, after the Watergate
scandal, when Congress enacted legislation to install independent watchdogs
within federal agencies to conduct investigations and audits and report their
findings to the public. Today, there are 74 inspectors general, 36 of whom are
presidentially appointed and Senate-confirmed.
Those fired on Friday include inspectors who were critical of the Biden
administration, reports the Post. Michael Missal, of the Department of Veterans
Affairs, oversaw investigations into the handling of electronic medical records
for veterans, finding in 2o22 that the department had put veterans’ health at
risk. Mark Greenblatt, of the Interior Department, was lauded by Trump after a
2021 report found that, in the summer of 2020, US Park Police led law
enforcement officers into a crowd of mostly peaceful protesters in Lafayette
Square to build a fence around the park to protect the officers—not to prepare
for Trump to take a photo-op at a nearby church soon after.
One prominent inspector spared from the dismissals was Michael Horowitz, of the
Justice Department. Horowitz, an Obama appointee, was praised by Trump
supporters when he released a report in 2019 exposing errors in the FBI’s
investigation into ties between Russia and Trump’s 2016 presidential campaign.
For decades, the norm has been that inspectors general stay in office when new
administrations take over. But during his first term, Trump removed several of
them who were investigating his administration, including Steve Linick, of the
State Department, who was ousted after opening an investigation into
then-Secretary of State Mike Pompeo, and Michael Atkinson, the inspector general
for the intelligence community, who handled the whistle-blower complaint that
led to Trump’s first impeachment.
Democrats and some Republicans condemned Friday’s late-night removals, with some
voicing concern that the openings would allow Trump to install loyalists in the
inspector positions.
Sen. Susan Collins (R-Maine) said when she arrived at the Capitol Saturday
morning, “I don’t understand why one would fire individuals whose mission it is
to root out waste, fraud, and abuse. This leaves a gap in what I know is a
priority for President Trump. So I don’t understand it.”
Sen. Chuck Grassley (R-Iowa), a champion of the watchdog program, said in a
statement, “There may be good reason the I.G.s were fired.” He added, “We need
to know that, if so. I’d like further explanation from President Trump.
Regardless, the 30-day detailed notice of removal that the law demands was not
provided to Congress.”
Among those fired was Hannibal Ware, the inspector general of the Small Business
Administration who also leads the council representing the watchdogs across
various government agencies. Late on Friday night, he sent a letter to White
House Director of Presidential Personnel Sergio Gor suggesting that the decision
wasn’t legal and recommending that Gor consult with White House Counsel. “At
this point,” he wrote, “we do not believe the actions taken are legally
sufficient to dismiss Presidentially Appointed, Senate Confirmed Inspectors
General.”
On Wednesday, the nonprofit organization Disability Rights Florida sued the
Florida Department of Children and Families, claiming that the state agency
failed to collect data and compile comprehensive annual reports on the people
it’s involuntarily committing.
Florida’s Baker Act, which first passed in 1971, has required specific
data—including the length of commitments and the diagnoses of those committed—to
be collected since 2007. But it hasn’t been doing that, according to Disability
Rights Florida. What available data does show, however, is that children with
alleged mental health issues in Florida are involuntarily committed at higher
rates than children in other states under similar laws. From 2020 to 2021,
around one in five people involuntarily committed under Florida’s Baker Act was
18 or younger. In 2020, Florida involuntarily committed a 6-year-old with ADHD,
a case that made national news.
> Children in Florida are involuntarily committed at higher rates than children
> in other states under similar laws.
To be committed under the Florida’s Baker Act, which is officially known as the
Florida Mental Health Act, three criteria need to be met: a person must refuse a
voluntary exam, be believed to have a mental illness, and be deemed a threat to
themselves or others. After an initial hold of up to 72 hours, the person can be
forced to continue to have involuntary inpatient or outpatient treatment by a
judge for up to six months, and this can be extended again at the judge’s
discretion.
“The Baker Act requires that DCF track important facts about how involuntary
psychiatric care is used, like how long the average patient stays in a receiving
facility,” said Sam Boyd, Southern Poverty Law Center senior attorney in a press
release. SPLC and the Florida Health Justice Project are representing Disability
Rights Florida in its lawsuit. “Its failure to do so interferes with Disability
Rights Florida’s responsibility to protect and advocate for individuals subject
to involuntary psychiatric examination.”
While the issues that Disability Rights Florida is alleging with data collection
did not start under Governor Ron DeSantis, changes to the Baker Act have
happened under him. DeSantis approved legislation this past June that would make
it easier for police officers to put people on an involuntary psychiatric hold.
DeSantis has previously claimed that involuntary commitments would stop mass
shootings. However, research largely suggests that some mass shooters’ having a
mental health diagnosis is more often coincidental than a contributing factor to
such violence.
A 2021 SPLC report found that the use of the Baker Act has outpaced the increase
of mental health diagnoses in the state, especially for children. “This
explosion in Baker Act use has coincided with a drastic increase in police
presence in schools,” the report notes, “suggesting that the Baker Act is being
used punitively in some cases, like juvenile arrests and incarceration, to
target and remove children that teachers, administrators, and school police
perceive as uncontrollable or undesirable.” SPLC highlighted that at Palm Beach
schools during the 2019-2020 school year, 40 percent of students involuntarily
committed were Black, despite making up 28 percent of the student population.
Involuntary commitments may also play a role in how forthcoming people may be
about their mental health. One small 2019 study, for instance, found that people
were less likely to want to disclose concerning psychiatric symptoms, such as
suicidal ideations, to a mental health provider after an involuntary commitment.
The Florida Department of Children and Families did not reply to a request for
comment on the lawsuit. The lawsuit, which the state has not responded to yet,
requests that the court require the state agency to start collecting better data
and compile annual reports.
As Donald Trump campaigns to be a dictator for one day, he’s asking: “Are you
better off now than you were when I was president?” Great question! To help
answer it, our Trump Files series is delving into consequential events from the
45th president’s time in office that Americans might have forgotten—or wish they
had.
Donald Trump has said that if he is elected president again, he will use the
Justice Department to prosecute political enemies. We should believe him,
because he attempted to do just that in his first term, with some success. And
he will be better prepared to execute his plans if he returns to the White
House.
NPR recently tallied more than 100 times Trump called for the prosecution or
jailing of his perceived foes. His stated targets include Kamala Harris, Joe
Biden and his family, Barack Obama, Hillary Clinton, Nancy Pelosi, Liz Cheney,
Adam Schiff, James Comey, Bill Barr, John Kelly, Mark Zuckerberg, federal
prosecutors, election officials, journalists, and pro-Palestinian protestors. He
reportedly wanted retired military officers who criticized him, Admiral William
McRaven and General Stanley McChrystal, called back to active duty so they could
be court-martialed. He suggested that Mark Milley, who previously served as
Trump’s chairman of the Joint Chiefs of Staff, deserved to be executed.
The frequency of those threats makes them seem silly. Trump probably isn’t going
to sic prosecutors on all those prominent people. But his record suggests he is
serious about using the power of his office against many critics. Contrary to
the claims of defenders like J.D. Vance—who said recently that Trump “didn’t go
after his political opponents” while in office—Trump made sustained public and
private efforts while in the White House to order up probes into critics and
political opponents. Trump succeeded in numerous cases in having foes
investigated, media reports and accounts of former aides show.
LOCK HER UP
After calling for Hillary Clinton’s prosecution on the campaign trail, Trump,
despite briefly disavowing the idea, pushed throughout his presidency for
Clinton’s prosecution. This campaign came in public tweets and private pressure
on aides, and was mounted alongside his anger over investigations into his
campaign’s contacts with Russian agents in 2016. Trump pressured all three of
his attorneys general to open or advance investigations targeting Clinton. They
partly resisted but substantially complied.
Many people recall Trump’s fury at Attorney General Jeff Sessions for recusing
himself from matters to the 2016 election—which led the appointment of special
counsel Robert Mueller. But despite that pledge, Sessions partly appeased Trump
by instructing the US attorney for Utah, John Huber, to reexamine Clinton’s use
of a private email server and allegations about the Clinton Foundation.
Sessions’ order came amid Trump’s repeated public calls for him to look into
Clinton’s “crimes.” After firing Sessions in 2020, Trump privately urged acting
Attorney General Matthew Whitaker to push Huber to be more aggressive, the
Washington Post reported. When Huber’s investigation ended in 2020 without
finding wrongdoing by Clinton, Trump publicly attacked the prosecutor as a
“garbage disposal.”
But by then, Trump’s third AG, Bill Barr, had appointed John Durham, the
Connecticut US attorney, to launch an investigation into the origins of the
FBI’s Trump-Russia investigation. Barr named Durham on heels of misrepresenting
Mueller’s report, which found that the Trump campaign “expected to benefit” from
secret Russian help in 2016. The Durham appointment also came after reports that
Trump and his advisers were seeking revenge against his investigators.
Durham’s effort floundered legally, with the acquittal of two of the three men
charged with crimes related to the investigation. But the probe, which lasted
four years, fared better as an exercise in arming Trump with talking points.
Durham appeared to consider that part of his job, though he has publicly
disputed that. When the Justice Department’s inspector general in 2019 issued a
report that found no evidence the FBI’s Trump investigation was politically
motivated, Durham, in consultation with Barr, issued a strange statement
disagreeing, without offering any evidence for why.
Durham decided to charge Michael Sussmann, a lawyer who worked for Democrats in
2016, with lying to the FBI, despite evidence so thin two prosecutors quit in
connection with the charge. Sussmann was acquitted in 2022, but through filings
in the case, Durham publicly aired allegations about Clinton campaign efforts to
advance the Russia story, details that did not appear necessary to his case.
Right-wing news outlets in February 2022 jumped one such-Durham motion to
falsely report the Clinton’s campaign had spied on Trump White House servers. In
his final report in 2023, Durham extensively cited material he acknowledged was
dubious possible Russian disinformation in an effort to suggest Clinton had
helped drive the FBI probe into Trump.
FBI
After firing James Comey as FBI director in 2017, which resulted in Mueller’s
appointment, Trump pressed for the Justice Department to prosecute Comey for
mishandling sensitive government information by allegedly orchestrating leaks
that were damaging to Trump. According to the New York Times, this pressure led
to “two investigations of leaks potentially involving” Comey. The DOJ
declined to charge Comey.
Other former FBI officials who drew Trump’s ire—former deputy FBI director
Andrew McCabe, and Peter Strzok, originally the lead FBI agent on the Russia
investigation—faced DOJ probes after Trump railed against them. Sessions fired
McCabe the day before his 2018 retirement, in what appeared to be a deliberate
act to deny him a pension and benefits. Prosecutors in 2019 tried to charge
McCabe for allegedly lying to FBI officials about media contacts, but in an
unusual move that suggests a weak case, a grand jury declined to return an
indictment.
JOHN KERRY
In a March 2019 press conference, Trump said former Secretary of State John
Kerry, who negotiated the 2015 deal freezing Iran’s nuclear weapons development,
could be prosecuted for violating the Logan Act, a 1799 law barring private US
citizens from negotiating with foreign governments in disputes with the United
States. Trump was irked at Kerry’s ongoing contacts with Iranian officials and
by past threats by Mueller’s team to charge former national security adviser
Michael Flynn with violating the act. Trump told reporters that Kerry should be
charged, but “my people don’t want to do anything,” adding, “Only the Democrats
do that kind of stuff.
False. Trump’s public and private efforts had by then already secured DOJ
scrutiny of Kerry. Former Trump national security adviser John Bolton told the
Times he’d witnessed Trump demand Kerry’s prosecution “on at least a half dozen
occasions” in 2018 and 2019. Trump also made the case in tweets and public
statements. Days after one of Trump’s tweets, in May 2018, a top DOJ official
had told prosecutors in Manhattan to investigate Kerry’s contacts with Iranians,
according to the Times. Geoffrey Berman, at the time the US attorney in
Manhattan, wrote in a 2022 book that the Kerry probe appeared to result from
Trump’s edict. “No one needed to talk with Trump to know what he wanted,” Berman
wrote. “You could read his tweets.”
Trump succeeded in sparking investigations into his critics and political foes
by continually pressing subordinates to deliver actual prosecutions, as former
aides like Kelly, Bolton and White House counsel Don McGahn have revealed. In
some cases, the resulting probes appear to have been solutions settled on by
officials attempting to manage Trump’s pressure with partial measures.
But in a new term, Trump will surely be more aggressive and even less
restrained, as his public threats make clear. The Supreme Court’s July
declaration that the president has absolute immunity from prosecution for many
types of official conduct will leave him with few worries about facing legal
consequences for his own actions. And the aides who partly restrained him before
will be gone, replaced by more sycophantic enablers.
As Trump pledges to pervert presidential power to prosecute critics, Americans
have to take him at this word. If he wins, who is going to stop him?