Archives for category: Democracy

Heather Cox Richardson pays attention to the rhetoric of President Trump’s close advisor Stephen Miller. She hears echoes of the Confederacy. Miller thinks that immigrants should never be allowed to be on a path to citizenship. If that had been the policy when his great-grandparents arrived from Belarus in the early 20th century, little Stephen would be a serf, a slave, or a laborer, not a well-educated white nationalist advising the President to expel millions of immigrants and close the door to others.

Richardson writes:

White House deputy chief of staff Stephen Miller posted on social media this morning:

“Plenty of countries in history have experimented with importing a foreign labor class. The West is the first and only civilization to import a foreign labor class that is granted full political rights, including welfare & the right to vote. All visas are a bridge to citizenship. In America, for generations now, the policy has been that anyone who would economically benefit from moving to the US can do so, exercise the franchise in the US and their children, the moment they are born, will be full American citizens with all the rights and benefits therein.”

After his call for a “labor class” excluded from citizenship and a voice in government, Miller went on to reject the idea that Haitians living and working legally in Ohio should be described as part of Ohio communities. Calling out Democratic former senator Sherrod Brown, who is running for the Senate again this year, for including them, Miller posted: “Democrats just flatly reject any concept of nationhood that has ever existed in human history.”

History is doing that rhyming thing again.

In 1858, Senator James Henry Hammond (D-SC), a wealthy enslaver, rose to explain to his northern colleagues why their objection to human enslavement was so badly misguided. “In all social systems there must be a class to do the menial duties, to perform the drudgery of life,” he said. Such workers needed few brains and little skill; they just had to be strong, docile, and loyal to their betters, who would organize their labor and then collect the profits from it, concentrating that wealth into their own hands to move society forward efficiently.

Hammond called such workers “the mud-sill of society and political government.” Much like the beams driven into the ground to support a stately home above, the mudsill supported “that other class which leads progress, civilization, and refinement.” The South had pushed Black Americans into that mudsill role. “We use them for our purpose, and call them slaves,” he said. The North also had a mudsill class, he added: “the man who lives by daily labor…in short, your whole hireling class of manual laborers and ‘operatives,’ as you call them, are essentially slaves.”

But Hammond warned that the North was making a terrible mistake. “Our slaves do not vote,” he said. “We give them no political power. Yours do vote, and, being the majority, they are the depositories of all your political power. If they knew the tremendous secret, that the ballot-box is stronger than ‘an army with banners,’ and could combine, where would you be? Your society would be reconstructed, your government overthrown, your property divided…by the quiet process of the ballot-box.”

Hammond was very clear about what he believed the world should look like. Black Americans should always be subordinate to white men, of course, but white women, too, were subordinate. They were made “to breed,” as “toy[s] for recreation,” or to bring men “wealth and position,” he had explained to his son in 1852. Hammond’s promising early political career had been nearly derailed when he admitted that for two years he had sexually assaulted his four young nieces, the daughters of the powerful Wade Hampton II (although he insisted he was being wronged because he should get credit for showing any restraint at all when faced with four such “lovely creatures”).

If women and Black people were at the bottom of society, southern white men were an “aristocracy” by virtue of their descent from “the ancient cavaliers of Virginia…a race of men without fear and without reproach,” “alike incapable of servility and selfishness.” By definition, whatever such leaders did was what was good for society, and any man who had not achieved that status was excluded because of his own failings or criminal inclinations.

The southern system, Hammond told the Senate, was “the best in the world…such as no other people ever enjoyed upon the face of the earth,” and spreading it would benefit everyone.

The next year, rising politician Abraham Lincoln told an audience at the Wisconsin state fair in Milwaukee that he rejected Hammond’s mudsill theory. Lincoln explained that Hammond’s “mud-sill theory” divided the world into permanent castes, arguing that men with money drove the economy and workers were stuck permanently at the bottom.

For his part, Lincoln embraced a different theory: It was workers, not wealthy men, who drove the economy. While men of wealth had little incentive to experiment and throw themselves into their work, men on the make were innovative and hardworking. Such men could—and should—rise. This “free labor” theory articulated the true meaning of American democracy for northerners and for the non-slave-holding southerners, who, as Lincoln reminded his listeners, made up a majority in the South. “The prudent, penniless beginner in the world, labors for wages awhile, saves a surplus with which to buy tools or land, for himself; then labors on his own account another while, and at length hires another new beginner to help him,” he explained.

In the election of 1860, southern Democrats tried to get voters to back their worldview by promising they were reflecting God’s will and by using virulent racism, warning that Black Americans must be kept in their place or they would destroy American society.

But, in a nation of immigrants and men who had worked their way up from day laborers to become prominent men, Lincoln stood firm on the Declaration of Independence. He warned that if people started to make exceptions to the idea that all men are created equal, they would not stop. They would “transform this Government into a government of some other form.” “If that declaration is not the truth,” Lincoln said, “let us get the Statute book, in which we find it and tear it out!” To cries of “No! No!” he responded: “[L]et us stand firmly by it then.”

Miller’s white nationalism is not the concept on which this nation was built. The United States of America was built on the principles of the Declaration of Independence and the sweat and blood of almost 250 years of Americans, often those from marginalized communities, working to make those principles a reality.

The hierarchical system Miller embraces echoes the system championed by those like Hammond, who imagined themselves the nation’s true leaders who had the right to rule. They were not bound by the law, and they rejected the idea that those unwilling to recognize their superiority should have either economic or political power.

The horrors of the Epstein files show a group of powerful and wealthy men and women who sexually assaulted children and showed no concern either for their crimes or that they might have to answer to the law. The public still does not know the extent of the horrors or the human-trafficking business in which Epstein and others were engaged. Deputy Attorney General Todd Blanche told reporters yesterday that the Department of Justice was not releasing any item from the Epstein files that showed “death, physical abuse, or injury.”

“You [know] the biggest problem with being friends with you?” Dr. Peter Attia wrote in an email to Epstein in response to an email with the subject line “Got a fresh shipment.” Attia answered his own question: “The life you lead is so outrageous, and yet I can’t tell a soul.”

Trump echoed Hammond in a different way tonight on Air Force One as he traveled to Florida. Asked by a reporter how he would handle being on both sides of his $10 billion lawsuit against the IRS, he suggested that taking the money of the American people into his own hands would enable him to use it for the public good. “I’m supposed to work out a settlement with myself,” he said. “We could make it a substantial amount, nobody would care because it’s gonna go to numerous, very good charities.”

Another story tonight indicated the degree to which the president sees himself as part of a wealthy caste that is above the law. Sam Kessler, Rebecca Ballhous, Eliot Brown, and Angus Berwick of the Wall Street Journal published a blockbuster report showing that four days before Trump’s 2025 inauguration, men working for an Abu Dhabi royal signed a secret deal with the Trump family to buy 49% of their brand-new cryptocurrency venture World Liberty Financial. The investors would pay half immediately, sending $187 million to entities held by the Trump family and at least $31 million to entities held by Steve Witkoff, a co-founder of World Liberty Financial whom Trump had named U.S. envoy to the Middle East weeks earlier.

The deal was backed by Sheikh Tahnoon bin Zayed Al Nahyan, who is the brother of the president of the United Arab Emirates and oversees more than $1.3 trillion that includes the country’s largest wealth fund. Tahnoon has wanted access to U.S. AI technology, but the Biden administration blocked access out of concern it could end up in Chinese hands. The Trump administration, in striking contrast, has committed to allowing the United Arab Emirates to buy about half a million of the most advanced AI chips a year.

Federal agents acting for the Trump administration are trying to enforce the authority of those like Miller, tear-gassing, arresting, and killing American citizens. Thousands marched peacefully in Portland, Oregon, today but, as Alex Baumhardt of the Oregon Capital Chronicle recorded, “federal officers outside the ICE facility in Portland…indiscriminately threw loads of gas and flash bangs” at marchers, including children. Portland, Oregon, city councillor Mitch Green reported: “I just got tear gassed along with thousands of union members, many of whom had their families with them. Federal agents at the ICE facility tear gassed children. We must abolish ICE, DHS, and we must have prosecutions.”

Tim Dickinson of The Contrarian wrote: “Today I saw ICE gas little white kids in the streets of Portland with chemical weapons. Imagine what they’re doing to brown and black kids in the detention camps.”

And yet, in another echo of the 1850s, MAGA Republicans are reversing victim and offender, blaming the people under assault for the violence. Trump officials insist that community watch groups and protesters are engaging in “domestic terrorism.” Greg Jaffe and Thomas Gibbons-Neff of the New York Times flagged that Representative Eli Crane (R-AZ) told right-wing podcaster Benny Johnson on Monday that those people protecting their neighbors from the violence of federal agents want “revolution.” “They want to fundamentally remake and tear down the institutions and the culture of this country.”

In an order requiring the release of five-year-old Liam Conejo Ramos and his father, asylum seeker Adrian Conejo Arias, from detention, U.S. District Judge Fred Biery noted that in their crusade against undocumented immigrants, U.S. officials are ignoring the Constitution and the Declaration of Independence. “[F]or some among us,” the judge wrote, “the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency. And the rule of law be damned.”

Judge Biery signed the order after saying he was putting “ a judicial finger in the constitutional dike.” Under his signature, he posted the now-famous image of the little boy detained in his blue bunny hat and Spiderman backpack, along with the notations for two biblical passages: “Jesus said, ‘Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these,’” and “Jesus wept.” 

Tonight, voters flipped a seat in the Texas Senate from Republican to Democratic in a special election. Democrat Taylor Rehmet, an Air Force veteran and machinist, defeated right-wing Republican Leigh Wambsganss for a seat that Republicans have held since the early 1990s. Robert Downen of Texas Monthly noted that in the final days of the campaign, the Wambsganss campaign spent $310,000 while Rehmet spent nothing, and Daniel Nichanian of Bolts Mag posted that overall, Wambsganss spent nearly $2.2 million more than Rehmet in the campaign. Both Texas governor Greg Abbott and Trump himself publicly supported Wambsganss.

And yet, as G. Elliott Morrisof Strength in Numbers noted, voters flipped a district that Trump won in 2024 by 17 points to Rehmet, electing him by a 14.4-point margin. After removing the minor-party candidates in the vote, the swing from the Republican in 2024 was 32 points toward the Democrats. In Texas.

Notes:

James Henry Hammond, Speech on the Admission of Kansas, March 4, 1858, in Selections from the Letters and Speeches of the Hon. James H. Hammond of South Carolina (New York: John F. Thrown & Co., 1866), pp. 301–322.

Drew Gilpin Faust, James Henry Hammond and the Old South: A Design for Mastery (Baton Rouge: Louisiana State University Press, 1982), pp. 37–104, 312–314.

Abraham Lincoln, Speech at Chicago, Illinois, July 10, 1858, in: https://quod.lib.umich.edu/l/lincoln/lincoln2/1:526?rgn=div1&view=fulltext

Strength In Numbers

Blue wave watch: Democrat flips Trump +17 Texas Senate seat in 32-point swing

I am not going to make a habit of covering breaking news, but when there’s a chart to be made, I really just can’t help myself…

Read more

2 hours ago · 72 likes · 3 comments · G. Elliott Morris

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The state of Minnesota asked a federal judge to stop the federal militarization in Minneapolis. In a much-anticipated ruling, she said no. The judge, appointed by Biden, said that a previous ruling about federal tactics had been overturned, and she thought it was a signal that any ruling favoring the state would be overturned.

Politico reported:

A federal judge has rejected a bid by state and local officials in Minnesota to end Operation Metro Surge, the Trump administration’s massive deployment of thousands of federal agents to aggressively enforce immigration laws.

In a ruling Saturday, U.S. District Court Judge Katherine Menendez found strong evidence that the ongoing federal operation ”has had, and will likely continue to have, profound and even heartbreaking, consequences on the State of Minnesota, the Twin Cities, and Minnesotans.”

“There is evidence that ICE and CBP agents have engaged in racial profiling, excessive use of force, and other harmful actions,” Menendez said, adding that the operation has disrupted daily life for Minnesotans — harming school attendance, forcing police overtime work and straining emergency services. She also said there were signs the Trump administration was using the surge to force the state to change its immigration policies — pointing to a list of policy demands by Attorney General Pam Bondi and similar comments by White House immigration czar Tom Homan.

But the Biden-appointed judge said state officials’ arguments that the state was being punished or unfairly treated by the federal government were insufficient to justify blocking the surge altogether. And in a 30-page opinion, the judge said she was “particularly reluctant to take a side in the debate about the purpose behind Operation Metro Surge.”

The surge has involved about 3,000 federal officers, a size roughly triple that of the local police forces in Minneapolis and St. Paul. However, Menendez said it was difficult to assess how large or onerous a federal law enforcement presence could be before it amounted to an unconstitutional intrusion on state authority.

“There is no clear way for the Court to determine at what point Defendants’ alleged unlawful actions…becomes (sic) so problematic that they amount to unconstitutional coercion and an infringement on Minnesota’s state sovereignty,” she wrote, later adding that there is “no precedent for a court to micromanage such decisions.”

Menendez said her decision was strongly influenced by a federal appeals court’s ruling last week that blocked an order she issued reining in the tactics Homeland Security officials could use against peaceful protestersopposing the federal operation. She noted that the 8th Circuit Court of Appeals lifted her order in that separate lawsuit even though it was much more limited than the sweeping relief the state and cities sought.

“If that injunction went too far, then the one at issue here—halting the entire operation—certainly would,” the judge said in her Saturday ruling.

Minnesota Attorney General Keith Ellison signaled his team would continue fighting to end the federal operation, writing in a statement that “this case is in its infancy and there is much legal road in front of us.”

“We know that these 3,000 immigration agents are here to intimidate Minnesota and bend the state to the federal government’s will,” he said. “That is unconstitutional under the Tenth Amendment and the principle of equal sovereignty. We’re not letting up in defending our state’s constitutional powers.”

Attorney General Pam Bondi on X called the decision “another HUGE” win for the Justice Department in its Minnesota crackdown and noted that it came from a judge appointed by former President Joe Biden, a Democrat.

“Neither sanctuary policies nor meritless litigation will stop the Trump Administration from enforcing federal law in Minnesota,” she wrote.

Minneapolis has been rocked in recent weeks by the killings of two protesters by federal immigration enforcement, triggering public outcry and grief – and souring many Americans on the president’s deportation agenda.

Minnesota Gov. Tim Walz and Minneapolis Mayor Jacob Frey have both called for federal agents to leave the city as the chaos has only intensified in recent weeks.

“This federal occupation of Minnesota long ago stopped being a matter of immigration enforcement,” Walz said at a press conference last week after two Customs and Border Patrol agents shot and killed 37-year-old nurse Alex Pretti. “It’s a campaign of organized brutality against the people of our state. And today, that campaign claimed another life. I’ve seen the videos from several angles. And it’s sickening.”

Backlash from Pretti’s killing has prompted Trump to pull back on elements of the Minneapolis operation.

Two CBP agents involved in the shooting were placed on administrative leave. CBP Commander Greg Bovino was sidelined from his post in Minnesota, with the White House sending border czar Tom Homan to the state in an effort to calm tensions. Officials also said some federal agents involved in the surge were cycling out of state, but leaders were vague about whether the size of the overall operation was being scaled back.

“I don’t think it’s a pullback,” Trump told Fox News on Tuesday. “It’s a little bit of a change.”

This is a terrific interview conducted by Nick Covington about my bio, An Education: How I Changed My Mind About Schools and Almost Everything Else.

Please listen.

The deployment of ICE to detain and arrest undocumented immigrants threatens to become a war against U.S. citizens who object to ICE’s brutal tactics. We have all seen the videos of ICE agents smashing car windows, knocking men and women to the ground, grabbing women by their hair, pummeling people on the ground, operating in teams of 5 or 6 as they beat up those they choose.

The Fourth Amendment to the Constitution forbids ICE from entering homes. This article appeared on the blog CAFE, where seasoned prosecutors and law professors comment on matters of law and hold the federal government accountable.

No ICE Cannot Enter Your Home Without a Warrant — and Why Doing So Is Very Dangerous For All of Us
By Perry A. Carbone and Mimi Rocah

Dear Insider,

A leaked internal Immigration and Customs Enforcement (ICE) memo claims that ICE agents may enter people’s homes without a judicial warrant. That claim is wrong as a legal matter— and it threatens one of the most basic freedoms Americans have: the right to be safe in their own homes.

The memo—dated May 12, 2025 and signed by Acting Director Todd Lyons—was leaked by two whistleblowers and shared with Senator Richard Blumenthal. According to the whistleblowers, the memo was directed to all personnel but was distributed in a secretive manner to selected personnel.
We spent many years as federal prosecutors enforcing federal law – about 50 years between the two of us. We know firsthand the power of law enforcement authority and how important it is that it be exercised within constitutional limits, especially within the sacrosanct safety of a person’s home.

Our homes have special protection under the Constitution. The Fourth Amendment to the Constitution protects people from unreasonable government searches and seizures and explicitly names “houses” as protected spaces: “The right of the people to be secure in their … houses … against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause….”
 
The Supreme Court has repeatedly made this protection crystal clear.

In Payton v. New York (1980), the Court held that police may not enter a home to make an arrest without a judicial warrant, unless there is an emergency or the resident consents, calling  physical entry of the home “the chief evil against which the wording of the Fourth Amendment is directed.”

In Kyllo v. United States (2001), the Court reaffirmed that the home is a place where privacy protection is at its highest. Even using technology to detect heat patterns inside a home — without ever physically entering — violated the Fourth Amendment if it was done without a warrant.

In Florida v. Jardines (2013), the Court held that bringing a drug-sniffing dog to the front porch of a home to investigate constituted an unlawful “search” under the Fourth Amendment, if done without a search warrant.
If the Constitution forbids the government from using technology and animals to sense what happens inside a home, it certainly forbids crossing the threshold without judicial approval.

The whistleblower disclosure shows ICE claiming its agents may enter homes without judicial warrants because immigration enforcement is “civil.” But the Fourth Amendment does not contain a “civil enforcement” carveout. And the relevant Supreme Court’s cases do not turn on whether a matter is labeled “civil” or “criminal.”  There is no “immigration exception” to the Constitution.

The ICE memo reportedly relies on Form I-205, a “warrant of removal/deportation” created within the executive branch and not signed by a judge. It authorizes officers to use “necessary and reasonable force” to enter certain residences to arrest people with final removal orders.

That is incompatible with the Fourth Amendment’s demand for judicial oversight. A judicial warrant is one that is issued by an individual who is ”neutral and detached” and can determine probable cause. An administrative warrant, by contrast, is issued by the government agency itself and so does not meet the Constitution and Court’s repeated requirement of being issued by someone “neutral” and “detached.”  Federal agencies do not get to rewrite the Constitution through internal memos. Put simply, an administrative warrant is the government agency authorizing itself to enter a home — the constitutional equivalent of letting the fox write its own warrant to enter the henhouse.

This is not an immigration issue. It is a constitutional issue with consequences for all Americans. Yes, it will have huge implications for immigrants, who have long been advisednot to open their door to federal agents unless they have a warrant signed by a judge. But it will not end there. If ICE is permitted to enter homes without judicial warrants, the consequences will not stop with immigration enforcement. Other agencies will follow the same path — and they will do so using the same logic: that civil enforcement, public safety, or administrative necessity justifies bypassing judicial oversight.

One can easily imagine a parade of horribles:

  • Tax enforcement: IRS agents entering homes to seize records or property based solely on internal agency warrants, without a judge ever reviewing probable cause.
  • Health and safety enforcement:Public health officials entering private residences to conduct inspections or remove occupants during disease outbreaks without judicial authorization.
  • Child welfare investigations: Social services entering homes to investigate allegations based only on agency paperwork, without court approval.
  • Firearms regulation: Regulatory agents entering homes to inspect compliance with gun laws without judicial warrants.
  • Local law enforcement: Police departments reclassifying certain arrests as “civil” or “administrative” to avoid the warrant requirement altogether.

Once the government can enter a home based on its own approval, the Fourth Amendment’s warrant requirement becomes optional — a procedural inconvenience rather than a constitutional command.

And that erosion won’t stop at homes. If agency-issued warrants suffice for entry, then agency-issued authorizations will soon suffice for searches of phones, computers, bank accounts, and digital records — all areas the Supreme Court has increasingly treated as deserving heightened constitutional protection.

The Fourth Amendment was written precisely to prevent this outcome: a system in which government officials authorize their own intrusions. Judicial warrants are not a technicality — they are the firewall between liberty and unchecked power. And when that firewall falls, it does not fall selectively. It falls for everyone.

The home is the heart of American liberty. The Fourth Amendment draws a bright line at the front door — and for good reason. This leaked ICE memo crosses that line. It is legally wrong. It is constitutionally dangerous. And it should concern everyone who values privacy, liberty, and the rule of law — regardless of their views on immigration.

Stay Informed, 
Mimi & Perry 

CAFE Contributor Mimi Rocah is the former District Attorney for Westchester County, and previously served as an Assistant U.S. Attorney and Division Chief for the Southern District of New York. She is currently an adjunct professor at Fordham School of Law.

Perry A. Carbone served as Chief of the White Plains Division at the U.S. Attorney’s Office for the Southern District of New York; he previously served as an Assistant U.S. Attorney in the District of New Jersey.

The Department of Homeland Security decided that ICE agents were exempt from the Fourth Amendment, which prevents police from entering homes without a warrant signed by a judge.

U.S. District Court judge Jeffrey Bryan ruled last Saturday in Minneapolis that ICE had to abide by the Fourth Amendment.

The Fourth Amendment says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This means that law officers can’t burst into your home without a judge’s warrant.

The Fourth Amendment underpins the phrase that “a man’s home is his castle.”

Recently, ICE decided that its agents did not need a judge’s warrant and that an “administrative warrant” would suffice. The administrative warrant would be signed by an ICE employee.

ICE decided that with an “administrative warrant,” it could batter down doors and enter homes to seize suspects.

Federal Judge Bryan said they could not.

Wired magazine summarized the situation:

A FEDERAL JUDGE in Minnesota ruled last Saturday that Immigration and Customs Enforcement (ICE) agents violated the Fourth Amendment after they forcibly entered a Minnesota man’s home without a judicial warrant. The conduct of the agents closely mirrors a previously undisclosed ICE directive that claims agents are permitted to enter people’s homes using an administrative warrant, rather than a warrant signed by a judge.

The ruling, issued by US District Court judge Jeffrey Bryan in response to a petition for a writ of habeas corpus on January 17, did not assess the legality of ICE’s internal guidance itself. But it squarely holds that federal agents violated the United States Constitution when they entered a residence without consent and without a judge-signed warrant—the same conditions ICE leadership has privately told officers is sufficient for home arrests, according to a complaint filed by Whistleblower Aid, a nonprofit legal group representing whistleblowers from the public and private sector.

In a sworn declaration, Garrison Gibson, a Liberian national who has lived in Minnesota for years under an ICE order of supervision, says agents arrived at his home in the early morning on January 11 while his family slept inside. He says he refused to open the door and repeatedly demanded to see a judicial warrant. According to the declaration, the agents initially left, then returned with a larger group, deployed pepper spray toward neighbors who had gathered outside, and used a battering ram to force the door open.

The declaration was filed as part of a January 12 Minnesota lawsuit against Homeland Security secretary Kristi Noem challenging federal immigration enforcement operations in the Twin Cities, which state officials characterize as an unconstitutional “invasion” by ICE and other agents that has roiled Minneapolis and Saint Paul.

Federal officials did not contest Gibson’s habeas petition.

Gibson, who reportedly fled the Liberian civil war as a child, says agents entered his home without showing a warrant. His wife, who was filming at the time, warned that children were inside, he says, and that agents holding rifles stood in their doorway. “One agent repeatedly claimed ‘We’re getting the papers’ in response to her demand to see the warrant,” he says. “But without showing a warrant, and apparently without having one, five to six agents moved in as if they were entering a war zone.”

Only after he was handcuffed, Gibson says, did the agents show his wife an administrative warrant.

One day after the judge ordered Gibson’s immediate release, ICE agents took him back into custody when he appeared for a routine immigration check-in at a Minnesota immigration office, according to his attorney, Marc Prokosch, who said Gibson arrived believing the court order had resolved the matter.

“We were there for a check-in, and the original officer said, ‘This looks good, I’ll be right back,’” Prokosch told the Associated Press. “And then there was a lot of chaos, and about five officers came out and then they said, ‘We’re going to be taking him back into custody.’ I was like, ‘Really, you want to do this again?’”

The re-arrest did not reverse the court’s finding that ICE violated the Fourth Amendment during the warrantless home entry, but underscores how the agency retains civil detention authority even if a judge rules that a specific arrest was unconstitutional.

Former President Barack Obama and his wife Michelle Obama released a statement about the murder of Alex Pretti.

Will we hear from former President George W. Bush?

Former President Bill Clinton released the following statement about what’s happening in Minneapolis and other places, as Trump unleashes the armed, masked ICE agents to arrest, harass, and murder our fellow citizens in pursuit of undocumented immigrants .

Well said. Where are other retired Presidents, Vice-Presidents, Senators?

Please speak up, Former Presidents Bush and Obama.

Foreign Policy, a distinguished publication for leading scholars of foreign affairs, published an article by staff writers Keith Johnson and Christina Lu asserting that Trump’s lust to control Greenland is just plain nuts.

They wrote;

Seeking additional barrels of oil in Venezuela or digging for rare earths in ice-covered Greenland makes no sense from an economic or security point of view. And yet U.S. President Donald Trump persists, even though the costs massively outweigh the benefits.

In reality, naked resource grabs explain a lot about Trump’s dizzying foreign policy, perhaps even more so than other explanations that have been proposed. It seems Trump may have reached back even further in time for his guiding light than tariff-happy William McKinley and big-stick imperialist Theodore Roosevelt to the British and Dutch quasi-state mercantilist corporations that introduced much of the world to rapacious capitalism starting in the 17th century. The British and Dutch East India Companies did grab much of the world, usually at gunpoint. At least they got pepper, spices, and tea. All we have here is sulfurous oil and neodymium.

Gunboat diplomacy is back, only this time without the diplomacy.

Trump’s obsession with natural resources that the companies paid to extract them refuse to touch does raise several questions. Are these even the right resources to be grabbing? Is any of this legal? And most importantly, is any of this a remotely good way to promote the security of the United States?

WHEN IT COMES TO OIL, which has been a Trump obsession for decades, the answer is clearly no.

Oil demand is a tricky thing to project into the future. Some forecasters expect global demand for oil to peak within five years, while others reckon fast-growing developing economies will still be thirsty into the next decade, requiring more wells and more production. Either way, oil from Venezuela and Greenland is not the answer.

Venezuela’s oil woes have been amply demonstrated. It’s an expensive thing to produce in a place with little security and less rule of law, especially with oil languishing in the mid-$50s a barrel. The chairman and chief executive of ExxonMobil, Darren Woods, told Trump at a White House meeting last week that Venezuela was “uninvestible.” Trump then said he would ensure that Exxon was kept out of any U.S.-led Venezuela ventures—and Exxon’s stock rose on the news.

Greenland, too, is rumored to have oil: billions of barrels of it. It’s not clear if that is actually the case, because decades of exploration have hit only dry wells, but on paper, Greenland could have 8 billion barrels of oil hidden under the tundra and the whitecaps, or nearly 3 percent of Venezuela’s unattractive reserves.

But there are some daunting challenges. Most of those estimated oil resources are north of the Arctic Circle, and mostly offshore. That is not easy to access, even with climate change stretching summer on both ends. Even the oil on land is not easy to tap. There are fewer than 100 miles of paved road on an island the size of Mexico. Deep water ports, airports, pipelines, oil-export terminals, housing, clinics—all are on somebody’s to-do list to build, but not that of oil majors.

Also relevant: Since 2021, Greenland has banned further oil exploration due to environmental concerns. The only current play, a land-based oil-exploration operation on the island’s east coast with U.S. backing, relies on a grandfathered lease from years ago. That legal stricture, in the absence of a complete annexation, could complicate further U.S. efforts to tap Greenland’s possible oil.

BUT WHAT ABOUT GREENLAND’S rare earths, which Trump officials have suggested are one of the primary reasons the U.S. president is so interested in the island?

While those who focus on rare earths mining simply say the plan is “bonkers,” the real issue is that rare earths are not rare—processing facilities and magnet factories are. Which makes a race for ice-bound dodgy mining prospects in somebody else’s territory all the harder to understand.

“It certainly doesn’t make any sense as a rare-earth story,” Ian Lange, a professor in the mineral economics program at the Colorado School of Mines, recently told Foreign Policy.

Rare earths, or a set of 17 metallic elements with obscure names like neodymium and samarium, have catapulted in geopolitical importance because they power everything from F-35 fighter jets to Arleigh Burke-class destroyers. China overwhelmingly commands their global supply chains, giving it powerful leverage in its ongoing trade spat with the United States.

Sure, Greenland may have some sizable rare earth reserves, according to the U.S. Geological Survey—but so do many other countries. And a big economic question hangs over potential operations in Greenland, where no rare earth mining has ever taken place and mining itself remains a fraught and divisive issue.

The biggest problem with Trump’s resource grabs is not their lack of economic foundation, which is nil, or their legality, which is none, but with what they do for U.S. security, which is little or worse.

Also, the bulk of Greenland’s land—a whopping 80 percent—is estimated to be covered in ice. All of those factors are certain to make establishing crucial mining and processing infrastructure, already a difficult and hefty financial endeavor, even more costly and challenging.

In his pursuit of rare earths, industry experts say, Trump will likely have an easier time looking elsewhere.

AND THEN THERE’S THE QUESTION of the legality of how Trump is going about his resource grabs. Abducting heads of government to seize resources is not anywhere sanctioned in the U.N. Charter, nor is threatening to invade a NATO alliance partner to forcibly annex their territory. But rogue states are hard to red team.

Trump has waved aside centuries of international law, telling the New York Times “I don’t need international law,” because his own “morality” was the only check or balance required.

It’s not an abstruse debate. For centuries, the West has sought to paint a patina of law over the anarchy of the international system, and even today, tomes are written about revisionist powers seeking to pervert international law for their own ends. Until very recently, the United States was not among the revisionist powers.

But there’s little to be done on that front. Trump’s installed successor in Venezuela, Nicolas Maduro’s former vice president and now also acting president Delcy Rodriguez, who has been under U.S. sanctions since 2017 for human rights abuses, is according to Trump “a terrific person.” Also not entirely legal is storing the proceeds of Venezuelan oil sales the United States has carried out in an offshore account in Qatar.

THE BIGGEST PROBLEM with Trump’s resource grabs is not their lack of economic foundation, which is nil, or their legality, which is none, but with what they do for U.S. security, which is little or worse….

The great advantage the United States had, until recently, was its network of alliances: NATO, Japan, South Korea, and a multitude of others. That’s all gone now, or nearly. It is surely a sign of bungled foreign policy when Sweden dispatches troops against you.


Hail and farewell, 2025!

Before that year is entirely forgotten, I want to say that it was one of the worst years in my life.

I learned in college that a sample of 1 is not useful for science, but it means plenty to me.

A year ago, a monstrous, lying braggart was sworn into office. A grifter and conman returned to fill his pockets and those of his family and friends, to double his net worth and to accept emoluments from foreign countries, send armed men to inflict brutality on blue cities, disregarding the Constitution.

In only one year, he has shredded our nation’s standing in the world, inflicted terror on our cities, alienated our allies, abandoned efforts to improve the environment, attacked our schools and universities, gloried in bigotry, and devastated the federal civil service.

He sends federal agents or the National Guard into urban districts, to terrorize the residents. People are snatched from their cars, their workplaces, the streets, even as they protest that they are citizens, that they have rights, that they want a lawyer. Their protests are ignored as a pack of masked men grab them, handcuff them, throw them to the ground, punch and kick them in their heads and bodies. Some are detained and disappeared into a network of prisons, then deported without due process. Some are imprisoned for days or weeks, then released.

Is this America? Never in my life have I been stopped by military officers and asked for my papers,

The cold-blooded murder of Renee Good was followed not by an investigation or apology but by smearing her and her wife as terrorists who were somehow responsible for her fate and deserved to die.

Who are these masked men? Why are they so violent? Are they Proud Boys? KKK? J6 insurrectionists?

Every day, I wonder if this is how decent Germans felt as Hitler took power and destroyed civil society.

What is happening to my country? To our Constitution? To the rule of law?

As I watch our values and rights degraded by power-mad politicians, I fight to preserve my body.

In the spring, I learned after my annual mammogram that I had breast cancer. I learned that I had invasive ductal cancer in my right breast, which required surgery. The post-surgery analysis revealed that not all the cancer was removed. The “margins” were not clear. So back I went for another surgery on the same site.

Radiation–five straight days of it–followed. it left me tired, but otherwise apparently successful.

I was reluctant to take a daily pill of anti-cancer medicine because of the numerous side effects. But I did and I suffered the predicted side effects. I had pain in my hips and joints. That was November.

Meanwhile I had a new mammogram. It showed that I had a new cancer, this time in my left breast. The surgeon recommended another surgery, and this time she got it all out. It was a tiny tumor, different from the first one. But a cancer nonetheless.

Radiation begins today, January 20, the first anniversary of Trump’s return to office. What a coincidence, cancer in my body, cancer in our nation.

It has been a nightmare year, for the country and for me personally. To make matters worse, our beloved dog Mitzi died. Through all of the personal trauma, my wife Mary stood by me steadfastly, through thick and thin, demonstrating her determination and love.

In a few weeks, we expect to get another dog. We will survive.

It remains to be seen whether our country will survive a second Trump term, another round of brutality inflicted on our norms, our values, our fellow citizens and our neighbors, our faith in our electoral system and our laws.

Dr. King’s “Letter from a Birmingham Jail” was written in April 1963. Dr. King wrote in response to a public statement by Birmingham religious leaders who called on Dr. King to be patient and not to engage in demonstrations that would provoke resistance.

This context in which he wrote the letter appears on the website of The Martin Luther King, Jr. Research and Education Institute at Stanford University.

In April 1963 King and the Southern Christian Leadership Conference (SCLC) joined with Birmingham, Alabama’s existing local movement, the Alabama Christian Movement for Human Rights (ACMHR), in a massive direct action campaign to attack the city’s segregation system by putting pressure on Birmingham’s merchants during the Easter season, the second biggest shopping season of the year. As ACMHR founder Fred Shuttlesworth stated in the group’s “Birmingham Manifesto,” the campaign was “a moral witness to give our community a chance to survive” (ACMHR, 3 April 1963). 

The campaign was originally scheduled to begin in early March 1963, but was postponed until 2 April when the relatively moderate Albert Boutwell defeated Birmingham’s segregationist commissioner of public safety, Eugene “Bull” Connor, in a run-off mayoral election. On 3 April the desegregation campaign was launched with a series of mass meetings, direct actions, lunch counter sit-ins, marches on City Hall, and a boycott of downtown merchants. King spoke to black citizens about the philosophy of nonviolence and its methods, and extended appeals for volunteers at the end of the mass meetings. With the number of volunteers increasing daily, actions soon expanded to kneel-ins at churches, sit-ins at the library, and a march on the county building to register voters. Hundreds were arrested. 

On 10 April the city government obtained a state circuit court injunction against the protests. After heavy debate, campaign leaders decided to disobey the court order. King declared: “We cannot in all good conscience obey such an injunction which is an unjust, undemocratic and unconstitutional misuse of the legal process” (ACMHR, 11 April 1963). Plans to continue to submit to arrest were threatened, however, because the money available for cash bonds was depleted, so leaders could no longer guarantee that arrested protesters would be released. King contemplated whether he and Ralph Abernathy should be arrested. Given the lack of bail funds, King’s services as a fundraiser were desperately needed, but King also worried that his failure to submit to arrests might undermine his credibility. King concluded that he must risk going to jail in Birmingham. He told his colleagues: “I don’t know what will happen; I don’t know where the money will come from. But I have to make a faith act” (King, 73). 

On Good Friday, 12 April, King was arrested in Birmingham after violating the anti-protest injunction and was kept in solitary confinement. During this time King penned the Letter from Birmingham Jail” on the margins of the Birmingham News, in reaction to a statement published in that newspaper by eight Birmingham clergymen condemning the protests. King’s request to call his wife, Coretta Scott King, who was at home in Atlanta recovering from the birth of their fourth child, was denied. After she communicated her concern to the Kennedy administration, Birmingham officials permitted King to call home. Bail money was made available, and he was released on 20 April 1963. 

In order to sustain the campaign, SCLC organizer James Bevel proposed using young children in demonstrations. Bevel’s rationale for the Children’s Crusade was that young people represented an untapped source of freedom fighters without the prohibitive responsibilities of older activists. On 2 May more than 1,000 African American students attempted to march into downtown Birmingham, and hundreds were arrested. When hundreds more gathered the following day, Commissioner Connor directed local police and fire departments to use force to halt the demonstrations. During the next few days images of children being blasted by high-pressure fire hoses, clubbed by police officers, and attacked by police dogs appeared on television and in newspapers, triggering international outrage. While leading a group of child marchers, Shuttlesworth himself was hit with the full force of a fire hose and had to be hospitalized. King offered encouragement to parents of the young protesters: “Don’t worry about your children, they’re going to be alright. Don’t hold them back if they want to go to jail. For they are doing a job for not only themselves, but for all of America and for all mankind” (King, 6 May 1963). 

In the meantime, the white business structure was weakening under adverse publicity and the unexpected decline in business due to the boycott, but many business owners and city officials were reluctant to negotiate with the protesters. With national pressure on the White House also mounting, Attorney General Robert Kennedy sent Burke Marshall, his chief civil rights assistant, to facilitate negotiations between prominent black citizens and representatives of Birmingham’s Senior Citizen’s Council, the city’s business leadership. 

The Senior Citizen’s Council sought a moratorium on street protests as an act of good faith before any final settlement was declared, and Marshall encouraged campaign leaders to halt demonstrations, accept an interim compromise that would provide partial success, and negotiate the rest of their demands afterward. Some black negotiators were open to the idea, and although the hospitalized Shuttlesworth was not present at the negotiations, on 8 May King told the negotiators he would accept the compromise and call the demonstrations to a halt. 

When Shuttlesworth learned that King intended to announce a moratorium he was furious—about both the decision to ease pressure off white business owners and the fact that he, as the acknowledged leader of the local movement, had not been consulted. Feeling betrayed, Shuttlesworth reminded King that he could not legitimately speak for the black population of Birmingham on his own: “Go ahead and call it off … When I see it on TV, that you have called it off, I will get up out of this, my sickbed, with what little ounce of strength I have, and lead them back into the street. And your name’ll be Mud” (Hampton and Fayer, 136). King made the announcement anyway, but indicated that demonstrations might be resumed if negotiations did not resolve the situation shortly. 

By 10 May negotiators had reached an agreement, and despite his falling out with King, Shuttlesworth joined him and Abernathy to read the prepared statement that detailed the compromise: the removal of “Whites Only” and “Blacks Only” signs in restrooms and on drinking fountains, a plan to desegregate lunch counters, an ongoing “program of upgrading Negro employment,” the formation of a biracial committee to monitor the progress of the agreement, and the release of jailed protesters on bond (“The Birmingham Truce Agreement,” 10 May 1963). 

Birmingham segregationists responded to the agreement with a series of violent attacks. That night an explosive went off near the Gaston Motel room where King and SCLC leaders had previously stayed, and the next day the home of King’s brother Alfred Daniel King was bombed. President John F. Kennedy responded by ordering 3,000 federal troops into position near Birmingham and making preparations to federalize the Alabama National Guard. Four months later, on 15 September, Ku Klux Klan members bombed Birmingham’s Sixteenth Street Baptist Church, killing four young girls. King delivered the eulogy at the 18 September joint funeral of three of the victims, preaching that the girls were “the martyred heroines of a holy crusade for freedom and human dignity” (King, “Eulogy for the Martyred Children,” 18 September 1963). 

Footnotes

“The Birmingham Truce Agreement,” 10 May 1963, in Eyes on the Prize, ed. Carson et al., 1991. 

Douglas Brinkley, “The Man Who Kept King’s Secrets,” Vanity Fair (April 2006): 156–171.

Eskew, But for Birmingham, 1997. 

Hampton and Fayer, with Flynn, Voices of Freedom, 1990. 

King, Address delivered at mass meeting, 6 May 1963, FRC-DSI-FC

King, Eulogy for the Martyred Children, 18 September 1963, in A Call to Conscience, ed. Carson and Shepard, 2001.

King, Shuttlesworth, and Abernathy, Statement, “For engaging in peaceful desegregation demonstrations,” 11 April 1963, BWOF-AB.

King, Why We Can’t Wait, 1964.

Shuttlesworth and N. H. Smith, “Birmingham Manifesto,” 3 April 1963, MLKJP-GAMK. Back to Top

Stanford

The Martin Luther King, Jr. Research and Education Institute