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.
Tag - Police violence
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.
A video reportedly filmed by the federal agent who shot and killed Renée Nicole
Good in Minneapolis earlier this week was released on Friday by a conservative
Minnesota outlet whose most prominent reporter is married to the city’s former
police union head.
Alpha News—notable in part for its sympathetic coverage of Derek Chauvin, the
Minneapolis police officer convicted in 2021 of murdering George Floyd—has since
Wednesday published a flurry of articles including “ICE shooting in Minneapolis:
Minnesota attorney explains how presumed innocence has been ignored again” and
“REPORT: Woman killed by ICE agent was member of ‘ICE Watch’ group working to
disrupt immigration arrests.”
Conservative commentators have seized on the 47-second clip to argue that it
exculpates Ross and shows Good driving towards him.
> 100 percent confirms they were left wing agitators intentionally trying to
> provoke an altercation with law enforcement, and then they drove right at him.
>
> Any “conservative” who bought the media narrative on this case is permanently
> discredited and there’s no coming back from it https://t.co/mTvu5KBOUi
>
> — Matt Walsh (@MattWalshBlog) January 9, 2026
Other viewers see the clip as further evidence against Ross.
> I synced up the video from the Johnathan Ross and a bystander to help show
> what was happening when he fumbled his camera. He was already out of the way
> at that point and already had his gun drawn. It wasn't him being hit, it was
> him shooting Renee Good.
>
> — RagnarokX (@ragnarokx.bsky.social) 2026-01-09T19:20:37.388Z
Vice President JD Vance has shared the Alpha News video multiple times as of
early Friday evening, writing in one post, “What the press has done in lying
about this innocent law enforcement officer is disgusting. You should all be
ashamed of yourselves.” The Trump administration has maintained that Good was a
“violent rioter” who “weaponized her vehicle” in order to carry out “domestic
terrorism.”
Visual investigations by publications including the New York Times, Bellingcat,
and the Washington Post have refuted that account.
Yet the fact that the video from the shooter’s perspective was released at all,
and with such speed, is remarkable—as is who it was leaked to.
Alpha News, founded in 2015, is a Minnesota outlet that has distinguished itself
for years by running pieces that suggest Derek Chauvin suffered a miscarriage of
justice. Its highest-profile reporter, Liz Collin, is married to former
Minneapolis police union president Bob Kroll; in 2022, Collin published a book
titled They’re Lying: The Media, The Left, and The Death of George Floyd.
In 2020, the ACLU of Minnesota sued Kroll in connection with claims that
Minneapolis police used excessive force against protesters, according to
Minnesota Public Radio, leading to a settlement that barred Kroll from serving
as a police officer in Hennepin County, where Minneapolis is located, and two
neighboring counties, Ramsey and Anoka, for the next decade.
A 2020 article by Mother Jones‘ Samantha Michaels details decades of allegations
against Kroll of extreme brutality, as well as another lawsuit—filed by Medaria
Arradondo, then the city’s chief of police—who accused Kroll of wearing a white
power patch and referring to a Muslim congressman as a “terrorist.” (Collin’s
book, in an excerpt published by Alpha News, decries protests against her
husband: “‘Bob Kroll is a racist’ was a popular theme,” Collin writes.)
It’s unclear how Alpha News obtained the video apparently taken by Ross as he
killed Good. Collin and Alpha News’ editor-in-chief did not immediately respond
to a request for comment.
In the video, Ross exits a vehicle and begins circling Good’s SUV before
pointing the camera at Good, who says, “That’s fine, dude, I’m not mad at you.”
Ross films the rear of the vehicle and the license plate. The camera pans to
Good’s wife, also filming, who speaks to Ross—saying, among other things, “Go
home.” An agent instructs Good to “get out of the car.” Good reverses before
appearing to turn away from Ross and drive away. Simultaneously, the angle of
the video shifts quickly, no longer pointing at Good, and several gunshots are
audible. The camera briefly refocuses on Good’s car, turning away moments before
it runs into a nearby vehicle.
In the background, a voice says, “Fucking bitch.”
Amanda Moore is a journalist who has been covering the rise of ICE across the US
for months, writing news articles and posting clips of confrontations to her
social media feeds and, in the process, becoming one of the most prominent
chroniclers of Trump’s immigration crackdown from the front lines. Amanda will
be filing stories for Mother Jones over the coming weeks and months about ICE
and its operations, and I spoke to her as she arrived on the ground in the
immediate aftermath of the shooting of Renee Nicole Good, the 37-year-old mother
who was killed by an ICE agent in Minneapolis on Wednesday, sparking mass
protests.
Below is our conversation, lightly edited for length and clarity.
James West: Tell me exactly where you are, what you’re seeing, and what the mood
is like on the ground.
Amanda Moore: I’m here outside of the Whipple Building. It’s a federal building.
It’s where ICE has been staging since they got here. As you can see, there are
now a bunch of federal Border Patrol agents. This morning, there were some
protests that were larger than the previous ones that have been at the building,
and protesters actually worked to block the driveway. So now we can see all of
the Border Patrol agents are here because they came out to guard the facility.
Amanda, you’ve been around the country for months covering escalating tactics
used by ICE at these types of facilities, and you’re drawing comparisons between
what you’re seeing there and other facilities like Broadview in Chicago.
> “Once again, I was getting tear-gassed at 7 o’clock in the morning.”
The first month at Broadview was extremely violent. People were being
tear-gassed by 7 o’clock in the morning. They were picking up protesters and
flinging them to the ground like rag dolls. And today, here at the Whipple
Building, reminded me of Broadview. Once again, I was getting tear-gassed at 7
o’clock in the morning. You know, protesters were not really prepared for what
was coming in the same way. They don’t expect it so early in the morning. And
eventually, in Broadview, that kind of petered off because local police took
over, and they no longer had Border Patrol out front. So as long as Border
Patrol is guarding the facility, it seems to be a pretty similar pattern.
One of the accelerants on the ground where you’ve been previously, Amanda, seems
to be whenever the Border Patrol chief Greg Bovino rocks up. What vibe does he
bring into a scene anytime you’re on the ground?
Well, Bovino is the show, right? So when he comes into town, all the cameras are
on him, and all the protesters know who he is—or if they don’t know, they learn
very, very fast. And so he’s kind of in charge, and it’s the culture of Border
Patrol under his direction that leads to some of that violence that we
experience.
With Bovino himself, there’s obviously now a court record in place where even
the courts aren’t believing the types of stories that federal law enforcement is
bringing about some of these protesters.
> “If a rock is kicked…in Bovino’s direction, then Tricia McLaughlin will tweet
> that video and say a rock was thrown.”
Yeah. In Chicago, in federal court, the judges began to just completely
discredit everything that Border Patrol had to say. And so it’s this escalation
that’s based on a reality that does not exist—one that’s not reflected in any of
the video, photos, or the eyewitness experiences. If a rock is kicked on the
ground in Bovino’s direction, then [DHS spokesperson] Tricia McLaughlin will
tweet that video and say a rock was thrown—and that’s clearly not the case.
This scene is one that attracts counter-protesters as well as pretty hardcore
protesters against ICE. When these two forces meet, what do you typically see,
and what should people be prepared to see as this type of confrontation unfolds
over the next couple of days?
We actually had some pro-ICE protesters here this morning. They came. One had an
American flag. I believe one of them is still standing around in front of Border
Patrol somewhere. And he was very direct. He said, we’ve already executed one of
you, and basically, we’ll do it again.
A lot of the pro-ICE protesters, they seem to be here to antagonize, not
necessarily to really show support. It’s a lot of instigation, and many times
it’s being done under the veneer of journalism, which, of course, that’s not.
Tell me how you prepare for these types of excursions into the fray when you’ve
been covering this. What are some of the challenges? What should our viewers
expect to see from you in the coming days as you are on the ground in
Minneapolis?
A primary challenge would be tear gas. There’s a lot of it—they really go
through it—and pepper balls. So you have to have safety gear. You have to have
goggles and masks and helmets and all that stuff. But a real issue, I think, is
going to be when you’re at these events, every agent in front of you has a gun,
and you can guess that several people behind you have guns as well—especially
when they’re in the neighborhoods, when protests pop up during a raid, not
necessarily at the facility.
And [Minnesota] is an open-carry state, so that comes into play here in a way it
didn’t necessarily in most of Chicago. But there’s really only so much you can
do. The agents can be very friendly to the press. They can be very willing to
talk, or they can shoot you with a pepper ball when you try to ask them a
question—you can never predict. So it’s a little bit of a guessing game.
The military assault on Venezuela, the shooting of a Minneapolis woman by an ICE
agent, the launch of the White House’s new revisionist website about January
6—these three events convey a powerful and unsettling message from Donald Trump
and his crew: Violence is ours to use, at home and abroad, to get what we want.
In each episode, the Trump administration has employed or embraced violence that
seemingly violates the law and extends beyond ordinary state powers. The US
military attack on Caracas and kidnapping of its repressive and fraudulently
elected president, Nicolás Maduro, violated the Constitution and international
law. Absent an imminent threat from Venezuela—and none existed—Trump did not
have the constitutional authority to unilaterally launch an act of war against
the country. Yet he deployed the tremendous force of the United States’ war
machine to dethrone and abduct Maduro, contending that he was some sort of drug
lord. But that’s not a legitimate justification for a military attack.
> This was more than a hint: Mess with ICE, and this could happen to you.
The horrific killing in Minneapolis of 37-year-old Renee Nicole Good was
unwarranted and arguably criminal. The initial videos make it look like murder.
Yet the Department of Homeland Security, before it could investigate, quickly
defended and justified the officer’s actions. It claimed that Good was one of a
group of “violent rioters” who “weaponized her vehicle” and attempted to “run
over our law enforcement officers in an attempt to kill them.” The department
called this “an act of domestic terrorism” and maintained the ICE officer,
“fearing for his life, the lives of his fellow law enforcement and the safety of
the public, fired defensive shots.” In other words, this was right thing to do.
On those videos, though, it did not seem like Good was aiming to mow down ICE
officers with her car. She was trying to flee the ICE agents. When the officer
shot at her, the car was moving away from him. Initial reporting indicated the
officer did not follow ICE protocol. Still, Secretary of Homeland Security
Kristi Noem praised the officer for acting so fast and stated, “This goes to
show the assaults that our ICE officers and law enforcement are under every
single day.” That is, well done, sir.
Trump affirmed the sentiment in a social media post in which he falsely stated
the victim was “a professional agitator” who “viciously ran over the ICE
officer” and blamed the shooting on the “Radical Left.”
Neither Noem nor Trump expressed any concern or any sympathy for Good. They were
saying that ICE had the authority and justification to use lethal force in this
situation. It was more than a hint: Mess with ICE, and this could happen to you.
The day before the ICE shooting, the Trump White House honored—yes, honored—the
January 6 rioters. It unveiled an official White House website that ranks as one
of the most excessive acts of government gaslighting in modern American history.
The site hails Trump for issuing “sweeping blanket pardons and commutations for
nearly 1,600 patriotic Americans” who were in the mob that assaulted the Capitol
to stop the certification of Joe Biden’s presidential victory. The site
denounces Rep. Nancy Pelosi and the House select committee that investigated the
riot for having fabricated “an ‘insurrection’ narrative” and pinning “all blame”
on Trump.
This site is loaded with absurd falsehoods about January 6. It maintains that
the “Democrats masterfully reversed reality after January 6, branding peaceful
patriotic protesters as ‘insurrectionists’ and framing the event as a violent
coup attempt orchestrated by Trump…In truth, it was the Democrats who staged the
real insurrection by certifying a fraud-ridden election.” And it presents an
utterly phony timeline of the day, asserting that when peaceful “patriots”
marched to the Capitol, police officers responded with “provocative tactics” and
“violent force” that “turned a peaceful demonstration into chaos”—and that Trump
repeatedly called for calm. None of that is true. In fact, once the melee began,
187 minutes passed before Trump urged his supporters to withdraw from the
Capitol.
The website is a laughable fraud. But it’s troubling beyond being an Orwellian
assault on the truth. This site signals that Trump and his team not only accept
the violence of that day; they celebrate the domestic terrorists who were part
of the marauding horde. These are our people, the White House is declaring.
These violent thugs are with us—and we’re with them.
The Trump gang’s embrace of violence is not subtle. On Monday night, Stephen
Miller, the White House deputy chief of staff, spelled it out on CNN. Asked by
host Jake Tapper if the Trump administration might use military force to seize
Greenland, he refused to rule it out, and remarked, “Nobody’s going to fight the
United States militarily over the future of Greenland.”
He then shared what might be called the Trump Doctrine: “We live in a world, in
the real world, Jake, that is governed by strength, that is governed by force,
that is governed by power. These are the iron laws of the world since the
beginning of time.”
In short, might makes right. This was a not-too-veiled threat against…well,
everyone, including foreign governments and all people within the United States.
If the Trump administration has the power to do something, it will. Implied in
this stance is the exercise of violence. Either in Greenland or in the homeland.
Those who do not bend to Trump’s will—or Miller’s—can expect to feel their
violent wrath.
In those two sentences, Miller was saying that there is no rule of law. The
world, instead, is governed only by force. That means violence. This ugly and
dark stance is an attack on the fundamental concept of rules-based civilization.
It is profoundly anti-democratic. It ignores such niggling matters as rights,
societal order, and the public good. All that counts is who has the bigger or
better club to swing.
An essential element of a police state is the excessive use and threat of
violence, and in the past few days the nation has seen such displays. As Trump
reaches the end of the first year of his return to power, he and his lieutenants
are demonstrating their willingness to deploy force beyond its legitimate use to
achieve their aims. The warning is clear and intentional: We are violent.
Beware.
If you appreciated this article, please check out David Corn’s Our Land
newsletter at davidcorn.com.
If you had to describe the last decade or so of political life in America, the
list would likely include the following: The Black Lives Matter movement. The
death of George Floyd. America’s first Black president. The rise of the MAGA
movement. The election and reelection of Donald Trump. A resurgence of white
nationalism. An erasure of Black history.
America in these last 10 years has experienced generational political upheaval,
clashes over race and identity, and a battle over the very direction of the
country itself. Few writers have charted these wild swings better than staff
writer for The New Yorker and Columbia Journalism School Dean Jelani Cobb. And
for Cobb, it all started when he was asked to write about an incident that was
just beginning to make national news: the death of Trayvon Martin, an unarmed
Black 17-year-old in Florida.
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app.
“At the time, I thought of Trayvon as this particularly resonant metaphor. But I
didn’t understand that he was actually the start of something much bigger,” Cobb
says. “I’m still kind of hearing the echoes of that moment.”
Cobb recently released Three or More Is a Riot: Notes on How We Got Here:
2012–2025, a collection of essays from more than a decade at The New Yorker,
that all begin with that moment of national reckoning over Martin’s death. On
this week’s episode, Cobb looks back at how the Trayvon Martin incident shaped
the coming decade, reexamines the Black Lives Matter movement and President
Obama’s legacy in the age of Donald Trump, and shares what he tells his
journalism students at a time when the media is under attack.
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: Tell me about that time when you started writing and reporting on
Trayvon’s death and how it’s evolved into where it is today.
Jelani Cobb: That was a really striking moment, I think, partly because of the
contrast. There was a Black president. We had seen circumstances like Trayvon’s,
decades and centuries. We had never seen that in the context of it being an
African-American president. The first thing that I ever wrote for The New Yorker
was a piece called Trayvon Martin and the Parameters of Hope, and it was about
exactly that contradiction. The fact that we could be represented in the highest
office in the land, that we could look at Barack Obama and see in him a
barometer of our progress, even though lots of things people agree or disagree
with about him politically, but the mere fact that he could exist was a
barometer of what had been achieved. And at the same time, we had this reminder
of the way in which the judicial system can deliver these perverse outcomes,
especially when there are cases that are refracted through the lens of race.
At the time I thought of Trayvon as this particularly resonant metaphor, but I
didn’t understand that he was actually the start of something much bigger,
because Black Lives Matter is an outgrowth. The phrase, the framing, that
language, Black Lives Matter, came out of the aftermath of the verdict that
exonerated George Zimmerman, who is the man who killed Trayvon Martin. And in a
weird kind of bizarro world response, Trayvon Martin’s death was also cited as
the impetus for Dylann Roof, who three years later killed nine people in the
basement of the Emmanuel AME Church in Charleston, South Carolina, and he said
he had been radicalized by the Trayvon Martin case.
And it went from there. Really both of those dynamics, those twin dynamics of
this resurgence of white nationalism and this kind of volatile Christian
nationalism and this very dynamic resonant movement for black equality or for
racial equality, and almost the kind of crash the path that those two were put
on in that moment.
Yeah. Three or More Is a Riot, is a collection of your past essays. After you
were finished putting all this together, I’m just curious. What did you learn
about the things that you had written, and also what did you learn about
yourself? Because I think when I look back at old writing that I did I see
myself in where I was, versus where I am today.
Yeah, I think writing is either intentionally or unintentionally
autobiographical. You’re either putting it out there and saying, this is what I
think at this moment about these things, or time does that for you. If you come
back, you can go, oh wow, I was really naive about this, or I really saw this
very clearly in the moment for what it was.
When I was combing back through these pieces, one conversation came to me, which
was a discussion I had with my then editor, Amy Davidson Sorkin at The New
Yorker. After I’d filed the first piece on Trayvon Martin, she said, “Why don’t
you just stick with the story and see where it goes?” In effect, I’m still doing
that. I’m still kind of hearing the echoes of that moment.
There are 59 pieces in this collection, some of them short, some of them
lengthy, but in looking at each of these pieces, I started to plot out a path.
And that’s why the subtitle for the book is Notes on How We Got Here: 2012 to
2025, because I started to plot out a path seeing the rise of Trumpism and the
MAGA movement, seeing the backlash to Barack Obama, the mass shootings, the
racialized mass shootings in El Paso and Pittsburgh and Buffalo, all of which I
had written about, and the way that these things were culminating into a
national political mood.
Yeah, yeah. I’m curious. I can remember when Obama was elected, I was
volunteer/working with young black men, or boys at the time. Now they’re all
grown up. But I was mentoring a group of black kids that were in a very poor
neighborhood, and they were struggling to get by. The parents were. A lot of
them had single parents, not for the reasons that most people prescribe. A lot
of them had single parents because their other parent had passed away, and they
were just trying to get by.
I remember when Barack Obama was elected, I felt like this sense of hope, and
also a little bit of relief because I’d been telling these boys that they could
be anything they wanted to be. And deep down inside, I felt like I had been
selling them a lie, but I’d been selling them a lie for a higher purpose, like
for them to reach for something bigger. And when Barack Obama got elected, I
felt like, okay, I’m not lying anymore. This is a good thing. I felt hopeful.
Over his first term, though, what I began to realize with working with these
young men is that nothing in their life was changing. Nothing at all. Everything
that was changing in their lives happened because of what they were doing, but
nothing changed when it came to national politics or what the president can do.
I guess the question I have in saying all of that is how do you look back at the
Obama years? Do you feel like in this weird way that it was a dream that never
was really actualized, or was it a dream that was actualized? Did we see
progress through that?
You know what’s interesting, and I hate to be this on the nose about it, but I
actually kind of grapple with that question in one of the essays called Barack
X. It’s a piece I wrote in the midst of the 2012 election because he was running
for reelection, which didn’t have the same sort of resonance because we already
knew that a black person could be elected president. We had seen that. And that
motivation was different, and it was this question of whether or not people
would stay the course, whether people would come out. Incumbency is a powerful
advantage in American politics, but there’s also, even at that point, you could
see these headwinds forming around Obama. In that piece, I grapple with the
question of not only what Obama had done, but I think more substantively what it
was possible for him to do in that moment.
It became this question for history I think. It takes 25 years after he’s left
office to have a fair vantage point on what he reasonably could have done versus
what he actually did. And the reason I say that is substantively, I think a lot
of us felt that way, that things weren’t changing, that we were still grappling
with the same sort of microaggressions at work, sometimes even worse. We were
dealing with police who were behaving in a way that they were, and at the same
time, this is the President of the United States who was called a liar while
addressing Congress. This is a person who got stopped and frisked essentially,
and had to show his birth certificate to prove that he was eligible to vote in
the election he actually won. Not the question of whether he was eligible to be
president, it was a question of whether or not it was even legal for him to vote
in that election if he wasn’t a citizen.
And so when you stacked all of those things up, and you saw the entrenched
opposition that had determined that their number one objective from the time
that he was elected was for him to be a one-term president. That’s what Mitch
McConnell said. That’s what the other kind of aligned forces in the Republican
Party. Where the standard thing is, even if it’s just boilerplate, even if it’s
just kind of standard political speech that they say, well, we’ll work with the
president where we can, but we’ll stand by our principles, blah, blah, blah,
blah, blah. That’s not what they said.
Yeah, normally they’re just like, well, we’re going to work for the good of the
American people, and if the president lines up with us, we will be happy to work
for him.
Yes, yes. Exactly.
Mitch was very clear.
That’s not what they said about him. And so balancing those two things, figuring
out what the landscape of possibilities actually was, and then inside of that,
what he achieved or failed to achieve relative to those things.
So when Barack Obama was running for election, I just didn’t believe it was
going to happen, until the day it happened. I was in disbelief. I was shocked.
On the flip side, all the black lash that we have gotten ever since his
presidency ended, and during his presidency really, all the black lash, I was
completely, yeah, that’s par for course with America. It’s so unsurprising to
me. You can just look back to Reconstruction and see how all that ended to kind
of understand where we’re going.
One of the things that Obama did in his political rhetoric period, was that he
frequently denounced cynicism. He didn’t talk about racism very much, but he
talked about cynicism a lot. And in fact, he often used the word cynicism in
place of the word racism, that someone would do something racist, and he would
say it was cynical. And it made sense because as the black president, you can’t
be the person who’s calling out racism left and right. It just won’t work to
your advantage politically. At the same time as his presidency unfolded, the
people who he had called cynical, or at least people who were skeptical or maybe
even pessimistic, began to have an increasingly accurate diagnosis of what he
was up against.
I like to think that before he was elected, Barack Obama knew something that
nobody else in black America knew, which was namely that the country was willing
and capable of electing a black man to the presidency of the United States. But
after he was elected, I think black America knew something that at times it
seemed like Obama did not, which is that people will stop at no ends to make
sure that you are not successful.
My father grew up in Jim Crow, Georgia, and he had the standard horror stories
that everyone who grew up in Jim Crow had. And the message that he would give me
is never be surprised by what people are willing to do to stop you as a black
person, especially if you make them feel insecure about themselves. And it
seemed like as the Obama presidency unfolded, that sentiment that he had
dismissed as cynical became more and more relevant as the backlash intensified,
as he was denied the unprecedented denial of a Supreme Court appointment, which
was astounding. The tide of threats against his life that the Secret Service was
dealing with. All of those things, when you pile all up together, it begins to
look like a very familiar pattern in the history of this country, especially as
it relates to race.
I was definitely taught those same lessons. Definitely. My father is a Baptist
preacher who loves everybody, but was also very clear. You’ve got to work
harder, you’ve got to be better, and don’t be surprised. And I feel like that is
the thing that has stuck with me all these years.
It’s interesting, the right-wing political commentator, Megyn Kelly, recently
said that basically that everything was good, and then Obama came and kind of
broke us.
Oh, yeah.
And I just thought it was such a telling statement.
Well, it’s a very cynical statement to borrow a line from Obama.
Yes, it was a very cynical statement, and kind of telling on herself in the
sense of, I think that that’s where the backlash is coming from, the idea that
we had this black man as president, and now we have to get this country right.
Yeah. Well, the other thing about it, there was a kind of asymmetry from the
beginning. There was this congratulation that was issued to white America or the
minority of white America that voted for a black presidential candidate. And on
the basis of this, people ran out and began saying, which is just an astounding
statement to even think about now, they ran out and said, this was a post-racial
nation.
Yeah, I remember that.
But the fact that it was, and I would point this out. A minority of white voters
in 2008 and in 2012 voted for a presidential candidate who did not share their
racial background. In short, a minority of white voters did, but the majority,
the overwhelming majority of black voters had been doing since we’ve been
allowed to vote. Since we had gotten the franchise in our newly emancipated
hands, we had been voting for presidential candidates that did not share our
racial backgrounds. No one looked at black people and said, oh, they’re
post-racial. They’re willing to look past a candidate’s skin color to vote for
someone. In fact, it was more difficult for African-American presidential
candidates to get support from black voters than it was for white candidates to
do so, which is the real kind of hidden story of Barack Obama’s success.
One of the lesser kind of noted things was that Barack Obama won the South
Carolina primary with an overwhelmingly black electorate, but he won it after
Iowa, after he had demonstrated that he had appealed to white voters. And I’ve
long maintained that if those two primaries had been reversed, had they had been
South Carolina first and then Iowa, he might’ve still won Iowa, but it is
doubtful that he would’ve won South Carolina.
So the Black Lives Matter movement, it was like the rebirth of the civil rights
movement, so to speak. But right now, we’re living in an era where Black Lives
Matter signs are literally being demolished and black history… I’m a Floridian.
I’m talking to you from Florida right now, and I could tell you the assault on
black history specifically in schools is real.
Do you feel like Black Lives Matter as a movement failed? Do you see us coming
back from this as a country, like being able to really talk about the history of
this country, because it feels like we’re just running away from it now?
There’s an essay that I’m going to write about this, about what black history
really has been, and what Black History Month really has been, and why Dr.
Carter G. Woodson created what he then called Negro History Week in 1926 and
became Black History Month in 1976 to mark the 50th anniversary. But they had
very clear objectives, and these were explicitly political objectives that they
were trying to create a landscape in which people would spend a dedicated amount
of time studying this history for clues about how to navigate through the
present. That first generation of black historians went through all manner of
hell to produce the books, to produce the scholarly articles, to produce the
speeches, to create a body of knowledge that redeemed the humanity of black
people, and specifically made a case against Jim Crow, against
disenfranchisement. They understood that history was a battleground, and that
people were writing a history that would justify the politics of the present.
And so when you saw that black people had been written out of the history of the
country, that slavery had been written out of the history of the Civil War, that
the violent way in which people were eliminated from civic contention, had been
whitewashed and airbrushed, and that what you saw in the day-to-day was
segregation, poverty, exploitation, the denial of the franchise, the denial of
the hard-won constitutional rights, there’s a reason, for instance, that the
first two black people to get PhDs from Harvard University, and those two were
W.E.B Du Bois and Carter G. Woodson, they both got their doctorates in history
because they were trying to create a narrative that would counterbalance what
was being done.
When I look at the circumstances that this field came into existence under, I’m
less concerned about what’s happening now. I should say that what’s happening
now is bad, but I think that we have a body of scholars. Now there are people
who every spring a new crop of PhDs in this field is being minted, and people
are promulgating this history in all kinds of ways and so on. And so I think
this is a battle that has to be contested and has to be fought and ultimately
has to be won, but I don’t lament about the resources and our ability to tell
these stories.
You’re on faculty at Columbia University and the last couple of years it’s been
center stage not only for protests-
Yeah, complicated.
Yeah, complicated. How do you manage that in the classroom?
I have to say that as a journalism school, there’s a very easy translation
because the question is always, how do we cover this? What do we need to think
about? What are the questions that need to be asked at this moment? After
October 7th, when the wave of demonstrations and counter-demonstrations and the
kind of solemn memorials on either side, I said to my students repeatedly, if I
said it once, I said it 20 times, which is that you lean on your protocols at
this point. You question yourself. You question your framing. You question how
you approach this story. What is the question the person who disagrees with how
you feel? What is the question that person would ask? And is that a fair
question? And you relentlessly interrogate. And that’s also the job of your
editors to relentlessly interrogate where you’re coming from on this story.
I kind of jokingly said to them, I said, “We have told you from the minute you
got here to go out and find the story, and we forgot to tell you about the times
that the story finds you.”
Yeah. How did you feel about Columbia’s administration’s response to the Trump
threats?
The only thing I can say is that it was a very complicated situation. As a
principal in life, I have generally been committed to not grading people harshly
on tests that they never should have been required to take in the first place,
if that makes sense.
Yeah.
There was a lot that I thought was the right thing. A lot of the decisions I
thought were the right decisions to make. There were other decisions that I
disagreed with, some that I disagreed with strongly. But the fundamental thing
was always framed in the fact that the federal government should not be
attacking a university. That was what my overarching kind of statement was. But
I will say that also the journalism school has tried to navigate this while
maintaining fidelity to our principles and our support of free speech and
support of the free press.
Yeah. I think there’s a lot of hand-wringing among journalists right now.
Fact-based reporting is being drowned out by misinformation and disinformation.
What do you tell your students? How do you teach them in a time when journalism
itself is under such threat?
Well, the thing that we teach is that this is indicative of how important
journalism is. Powerful people don’t waste their time attacking things that are
not important. And so we’re able to establish kind of narratives. And granted,
we’ve lost a few rounds in this fight, that people not only have less trust in
us, but they have more trust in people who are sometimes outright charlatans, or
people who are demagogues, and that is a real kind of difficult circumstance.
But I also think that it’s reminiscent of the reasons that Joseph Pulitzer
founded this school in the first place. The school was established in 1912 with
a bequest from Joseph Pulitzer’s estate. Pulitzer understood at the time
journalism was a very disreputable undertaking, and he had this vision of it
being professionalized, of journalists adhering rigorously to a standard of
ethics and thereby winning the trust of the public. And that was part of the
reason that people actually did win the trust of the public over the course of
the 20th century. Now we’ve had technologies and cultural developments and some
other changes that have sent those numbers in the opposite direction, which I
also will say this is not isolated. People distrust government; they distrust
corporations; they distrust the presidency; they distrust all of these
institutions that used to have a much higher degree of public trust.
My approach to this has been we should not ask the public to trust us. We should
not anticipate ever regaining the level of trust we had once enjoyed. But I
think that the alternative is that we now just show our work to the greatest
extent possible. Sometimes we can’t because we have sources who can only give us
information anonymously, but we should walk right up to the line of everything
that we can divulge so that we say, don’t trust us. Read for yourself what we
did. If you wanted to, you could follow up Freedom of Information Act and get
these same documents that we are citing in this reporting. Or we should try to
narrow the gap between what we’re saying and the degree to which people have to
simply take us at our word.
America has obviously changed over the last 10 years. How have you changed?
Oh, what’s really interesting is that, and this is the kind of unintentional
memoir part of it, I think that I’m probably more restrained as a writer now
than I was 10 years ago. Keeping my eyebrow raised and kind of like, hmm,
where’s this going? I try to be a little bit more patient, and to see that what
the thing appears to be may not be the thing that it is. And at the same time,
I’m probably more skeptical than I was 10 years ago. I haven’t given up on the
idea of there being victory, of it being a better tomorrow, but I also think
that it will exact a hell of a cost for us to get to that place.
This story was originally published by Popular Information, a substack
publication to which you can subscribe here.
US Immigration and Customs Enforcement (ICE) has sharply increased its spending
on weapons in 2025, according to an analysis of federal government contracting
data by Popular Information. Records from the Federal Procurement Data
System reveal that ICE has increased spending on “small arms, ordnance, and
ordnance accessories manufacturing” by more than 700 percent compared to 2024
levels.
New spending in the small arms category from January 20, 2025, the day Trump was
inaugurated, through October 18, totaled $71,515,762. Most of the spending was
on guns and armor, but there have also been significant purchases of chemical
weapons and “guided missile warheads and explosive components.”
On September 29, 2025, ICE made a $9,098,590 purchase from Geissele Automatics,
which sells semi-automatic and automatic rifles. The total spending by ICE in
the small arms category between January 20 and October 18 last year was
$9,715,843.
Spending by ICE on guns and other weapons so far this year not only dwarfs its
spending during the Biden administration but also during Trump’s first term. In
2019, for example, ICE spent $5.7 million on small arms through October 18.
Average ICE spending on small arms during Trump’s first four years was about
$8.4 million.
The data likely understates new spending on weaponry deployed in the Trump
administration’s immigration crackdown, since many other federal agencies beyond
ICE have been involved. But it provides a window into how ICE and other agencies
are bringing an unprecedented number of high-powered weapons into American
cities.
The surge in spending on ICE weaponry has coincided with a wave of violent
incidents by ICE officers. Several dangerous situations have been captured on
video.
Last month in Illinois, a pastor, Reverend David Black, was shot in the
face with a pepper ball by an ICE officer. In another September incident, an ICE
officer dropped his gun while violently making an arrest and then pointed it at
bystanders.
An ICE officer also allegedly shot a pepper ball at the vehicle of a CBS News
Chicago reporter in September. The reporter’s window was open, allowing chemical
agents “to engulf the inside of her truck,” which “caused her to vomit.”
In August, US Marine Corps veteran Daryn Herzberg was hospitalized “after being
tackled from behind by ICE agents while protesting outside a federal facility in
Portland.”
At the time he was attacked, Herzberg was criticizing ICE officers “for firing
down on unarmed protesters.” A video shows “an agent grabbing Herzberg by the
hair and slamming his face into the ground multiple times while saying, ‘You’re
not talking shit anymore are you?’”
> An unarmed veteran was attacked from behind, sustaining injuries and being
> dragged into a Portland ice building.
>
> — Raider (@iwillnotbesilenced.bsky.social) 2025-08-15T15:27:49.197Z
In July, an aggressive ICE raid of a California cannabis farm left several
workers injured and one dead. Jaime Alanís Garcia, who was not a target of the
raid, climbed onto a greenhouse roof to escape the chaos and fell 30 feet to his
death.
“What we’re seeing is a general escalation of violence and the use of excessive
force by ICE officers,” Ed Yohnka of ACLU Illinois told NPR. Yohnka has filed a
lawsuit on behalf of protesters, including Pastor Black, arguing that ICE’s
tactics violate their constitutional rights.
“All over the country, federal agents have shot, gassed, and detained
individuals engaged in cherished and protected activities,” the lawsuit says.
It accuses ICE and other federal agencies of “the dangerous and indiscriminate
use of near-lethal weapons such as tear gas, rubber bullets, pepper-balls, flash
grenades, and other unwarranted and disproportionate tactics.”
> ICE is stockpiling arms, including chemical weapons, guided missile warheads
> and explosive components. The spending dwarfs anything we've ever seen in the
> agency – a 700% increase.The President is building an army to attack his own
> country.
>
> — Senator Chris Larson (@senchrislarson.bsky.social) 2025-10-21T14:45:57.844Z
In another dizzying plot point around President Donald Trump’s attempts to
federalize the National Guard, three judges on the federal Ninth Circuit Court
of Appeals ruled in a 2-1 decision on Monday that Trump has the authority to
deploy the Guard in Portland.
> View this post on Instagram
>
>
>
>
> A post shared by Mother Jones (@motherjonesmag)
The ruling represents another turning point in legal battles taking place across
the country, from Chicago to Washington, DC, and Los Angeles—all of which have
been involved in lawsuits related to Trump’s troop deployments.
While Oregon leaders continue to fight the Ninth Circuit’s decision, demanding a
review by the full court, protesters have consistently shown up to the ICE
facility in South Portland—driving the Trump administration’s ire and claims of
a war-ravaged city under antifa siege.
But here’s the kicker: The ICE facility is just one block in a 145-square-mile
city. Given that—and that even there, protests have been led by an army of
inflatable animals—many question the validity of deploying the National
Guard. After the No Kings protest on Saturday, hundreds flocked to the facility
for a nonviolent protest, but federal agents had other plans.
“I’m a veteran who fought for my country,” Daryn Herzberg, 35, said. “I swore an
oath to uphold the Constitution from enemies, foreign and domestic. And what I’m
seeing right now is a terrorist in the White House trying to call us terrorists
while we are out here trying to stop our friends and neighbors from getting
kidnapped.”
In an intense confrontation, agents fired tear gas, flashbang grenades, and
pepper balls for over five minutes straight. For many protesters, that
aggression is nothing new—just another night at the facility.