Lawless ICE

  The Trump administration is snatching people without due process. Killing them, too.

Alan Feuer at NYT:

The chief federal judge in Minnesota excoriated Immigration and Customs Enforcement on Wednesday, saying it had violated nearly 100 court orders stemming from its aggressive crackdown in the state and had disobeyed more judicial directives in January alone than “some federal agencies have violated in their entire existence.”

The extraordinary broadside by the judge, Patrick J. Schiltz, came in a ruling in which he temporarily rescinded an order he had issued on Tuesday, summoning Todd Lyons, the acting director of ICE, to appear in front of him to explain why he should not be held in contempt for violating so many orders arising from the Trump administration’s hard-line immigration actions in Minnesota.

While Judge Schiltz, a conservative jurist appointed by President George W. Bush, let Mr. Lyons off the hook for the moment, he cautioned that he might change his mind and order him to appear again to answer questions if ICE continues to violate court orders.

“ICE is not a law unto itself,” the judge wrote. “ICE has every right to challenge the orders of this court, but, like any litigant, ICE must follow those orders unless and until they are overturned or vacated.”

Judge Schiltz attached to his ruling a list of 96 court orders from 74 different immigration cases that ICE has failed to follow since Jan. 1. He noted that his tally was “almost certainly substantially understated” because it had been “hurriedly compiled by extraordinarily busy judges.”

“This list should give pause to anyone — no matter his or her political beliefs — who cares about the rule of law,” Judge Schiltz added.

Opinion on Immigrant Officers and Civilian Actions

Many posts have discussed immigration.

Andrew Daniller and J. Baxter Oliphant at Pew:

Amid ramped-up immigration enforcement efforts around the country, Americans overwhelmingly say it is acceptable for ordinary people to record video of immigration arrests. A clear majority also say it’s acceptable for people to share information about where enforcement is happening.

And by wide margins, the public says it’s not acceptable for federal immigration officers to wear face coverings that hide their identities, or to use people’s appearance or language use as a reason for checking their immigration status.

A new Pew Research Center survey of 8,512 U.S. adults conducted Jan. 20-26 finds that:

• 74% say it is acceptable for people to record video of immigration officers while they make arrests.
• 59% say it’s acceptable to share information about where officers are making arrests.

 

Civic Virtue and the Republic

Many posts have discussed volunteering and civic virtue.

 Robert P. George at AEI:

The Constitution was famously defended by Madison in Federalist No. 51 as “supplying, by opposite and rival interests, the defect of better motives.” He made this point immediately after observing that the first task of government is to control the governed, and the second is to control itself. He allowed that “a dependence on the people is, no doubt the primary control on the government, but experience has taught mankind the necessity of auxiliary precautions.” But even in this formulation, our constraints and institutions do not stand alone; indeed, they are presented as secondary. What is primary and entirely necessary is healthy and vibrant political culture — “a dependence on the people” to keep the rulers in line.

As the ablest scholar and political theorist of the founding generation, John Adams understood as well as anyone the general theory of the Constitution. He knew that a healthy political culture was vital to ensuring that rulers stay within the bounds of their legitimate authority and act as servants of the common good and of the people they rule. Adams famously remarked that “our Constitution is made for a moral and religious people” and “is wholly inadequate to the government of any other.”

...

This year, we mark the anniversary of a document that acknowledged certain truths to be self-evident, among them that all men are endowed by God with unalienable rights. From the moment of our country’s Founding, the authors of our constitutional and political order saw their project as premised on the notion that the citizenry — though diverse in ethnicity and creed — shared some fundamental premises about human nature and the human person. Now, though, the foundational components meant to form good, moral, and reasonable citizens are frail; they wield less influence in our society and in our politics than they did in the past. Our bonds are weakening; our civic fabric fraying.

If we are experiencing a period of American decline, it’s not because of the constitutional order and political system whose 250th anniversary we celebrate this year. The decline is attributable, rather, to the degradation of what Edmund Burke famously referred to as the essential “little platoons” of society: those building blocks of virtue, from families to voluntary associations, that work together to form an informed and virtuous citizenry. With the elements necessary to foster a healthy and vibrant democratic culture debilitated, is it any wonder that public confidence in our ability to keep our republic is so shaky?

Nursing Homes and Pay-to-Play Politics

Many posts have discussed lobbying, "shadow lobbying," "unlobbying," and "non-lobbying lobbying."

Kenneth P. Vogel and Christina Jewett at NYT:

The nursing home industry was on a roll last summer.

It had just won a 10-year moratorium on a rule initiated during President Joseph R. Biden Jr.’s administration to require increased staffing levels in an effort to reduce neglect among residents, which had led to injuries and deadly infections.

Nonetheless, some in the industry, warning that the rule would have substantially increased costs, wanted to make it go away permanently.

So nursing home executives turned to a tool that has proved successful in getting President Trump’s attention: money.

Starting in early August, the industry began making donations that over the course of weeks would eventually total nearly $4.8 million to MAGA Inc., a super PAC devoted to Mr. Trump and run by his allies.

Later that same month, a handful of nursing home executives who had given the biggest donations joined industry lobbyists at Mr. Trump’s golf club in suburban Washington to plead their case, according to campaign finance filings and people familiar with the meeting.

Over light lunch fare, the contingent “urged the president to formally repeal the harmful minimum staffing mandate, which would have surely forced providers throughout the country to close their doors to new residents — or possibly close their doors altogether,” Bill Weisberg, the founder and chief executive of Saber Healthcare Group, recounted in a text message to The New York Times.

Less than one month after the lunch meeting, Trump administration lawyers quietly stopped defending the pending staffing rule in court against challenges from the industry.

Complete victory came a couple of months after that, when the White House approved a full revocation. The Department of Health and Human Services announced the repeal in a statement that echoed industry talking points, which have emphasized the industry’s difficulty in hiring enough staff, especially in rural areas

A Year and a Week of Trump

Many posts have discussed the presidency.

 My article in La Tercera (original English):

The first year of President Trump's second term was full of action. He got Congress to pack much of his domestic agenda into what he called "One Big Beautiful Bill." The legislation cut taxes, with the benefits flowing mainly to the wealthiest Americans. It partly offset the tax reductions by cutting programs for the poor.

Trump assigned billionaire Elon Musk to cut "waste, fraud, and abuse" in the government. The effort failed. The young staffers who worked for Musk did not know what they were doing. They disrupted government operations and fired experienced employees without finding much waste. Their actions led to lawsuits and required expensive remedial measures. In the end, Musk cost American taxpayers more money than he saved. By the end of 2025, the federal government's debt had risen to $38 trillion.

On the positive side, the economy grew, and inflation remained modest, continuing trends that had begun during the Biden administration. Additionally, Trump's tariffs did not lead to the immediate price spikes that many had feared. Nevertheless, economists warned that tariffs could drive up prices in 2026.


Trump's record on foreign policy was also mixed. His administration helped broker a cease-fire in Gaza and carried out a military strike that set back Iran's nuclear program. The abduction of Nicolas Maduro possibly opened long-term opportunities for American oil companies, but it was not clear how the Venezuelan people would fare.


During his 2024 reelection campaign, Trump repeatedly promised that he would end the war in Ukraine in the first 24 hours of his term. But despite his courtship of Vladimir Putin, the war dragged on. He was no more successful in his quest to gain ownership of Greenland.


All in all, it was a year to remember, though not necessarily for the reasons that Trump wanted.

Since I wrote that piece, things have gotten worse for Trump.  Tricia Escobedo at CNN:

President Donald Trump showed his first signs of retreat since surging federal immigration agents in Minnesota late last year — replacing the leader of the crackdown on the ground and signaling a new willingness to cooperate with the state’s Democratic elected officials. Top Border Patrol official Gregory Bovino and some of his agents are expected to leave Minneapolis today and return to their respective sectors, according to three sources, sidelining a key player in the Trump administration’s immigration crackdown. The move comes after Trump announced he was dispatching White House border czar Tom Homan to Minneapolis in the wake of the fatal shooting of US citizen Alex Pretti. The White House has said Homan is expected to manage ICE operations in the city.

Myths, Misinformation, and Minneapolis

Besides not knowing what habeas corpus means, DHS Secretary Kristi Noem has had problems.

Daniel Dale at CNN:

Top officials in President Donald Trump’s administration have responded to the killing of Alex Pretti by the Border Patrol in Minneapolis on Saturday with a torrent of claims that are either contradicted by video footage or unsupported by any evidence presented so far.

• Homeland Security Secretary Kristi Noem claimed Pretti “attacked” officers, an assertion echoed by FBI Director Kash Patel, but no footage available as of Sunday afternoon shows Pretti committing any attack.
• Noem claimed Pretti was “brandishing” a gun, but no available footage shows Pretti even holding a weapon in his hand at the scene; a concealed gun appeared to be taken from his waistband area by a federal agent moments before he was shot.
• White House deputy chief of staff Stephen Miller referred to Pretti as “an assassin” who “tried to murder federal agents,” Vice President JD Vance reposted this claim, and Border Patrol commander Gregory Bovino (and the Department of Homeland Security in a social media post) said it “looks like” Pretti “wanted to do maximum damage and massacre law enforcement.” But nobody has shown any evidence that Pretti sought to kill anyone, let alone perpetrate a massacre.
• Patel suggested that Pretti broke the law by carrying a concealed gun at a protest, but the Minneapolis police chief said Pretti had a permit to carry the gun and was allowed to have it on him as he was protesting in a public place.

  Tiffany HsuStuart A. Thompson and Steven Lee Myers at NYT:

Across social media, pro-Trump influencers and others muddled the evidence of the killing of a nurse in Minneapolis on Saturday with social media posts that included misdirection and fabricated content.

While verified videos and witnesses showed how federal immigration agents tackled and shot Alex Pretti, 37, the posts tried to warp the events, including in ways intended to support the Trump administration’s claims that Mr. Pretti was at fault for his own death. Some posts smeared him or portrayed him as a radical activist.

Nick Sortor, a pro-Trump influencer with 1.4 million followers on X, incorrectly identified Mr. Pretti, a U.S. citizen, as an unauthorized immigrant. Jack Posobiec, a Trump loyalist with 3.3 million followers on X, falsely described Mr. Pretti as having “run up on police” and drawn a gun — claims that other users on X corrected in an appended note. Photos of different men — dressed in drag or shirtless at a street festival — were wrongly identified as Mr. Pretti and shared widely.

Mr. Posobiec, Mr. Sortor and the White House did not immediately respond to requests for comment.

Trump II, First Year

Many posts have discussed the presidency.

 Ballotpedia:

Earlier this week marked the one year anniversary since Donald Trump (R) assumed office as the 47th president of the United States, making him one of only two U.S. presidents to serve two non-consecutive terms. Here’s a look at the first year of his second term, by the numbers, though Jan. 16.

Executive actions

Trump issued 229 executive orders, 57 presidential memoranda, and 118 proclamations in the first year of his second term. Trump’s executive order total was the highest first-year executive order total since Franklin Delano Roosevelt (D), who issued 568 executive orders in 1933.

Federal judges

Trump nominated, and the Senate confirmed 27 Article III federal judges, including 21 to U.S. District Courts and six to the U.S. Courts of Appeals. During the first year of his first term, Trump nominated, and the Senate confirmed 23 Article III judges, including one Supreme Court Justice, 12 to the U.S. Courts of Appeals, and 10 to the U.S. District Courts.

Supreme Court emergency applications

The Trump administration filed 32 emergency applications with the Supreme Court. An emergency application asks the Court for immediate intervention in a case that has not fully progressed through the ordinary procedures required for the Court to issue a regular opinion. The Court granted the Trump administration’s request for intervention in 21 cases.

Presidential pardons

Trump issued 181 presidential pardons and commutations, not including instances of mass pardons. According to the Department of Justice, during fiscal year 2017, Trump issued one pardon and no commutations. Joe Biden (D), Barack Obama (D), and George W. Bush (R) issued no pardons or commutations during their first fiscal year in office.

Tie-breaking votes in the Senate

Under Article I, Section 3, Clause 4 of the U.S. Constitution, the vice president also serves as the president of the Senate and may cast the deciding vote when there is a tie in the Senate. Vice President J.D. Vance (R) cast seven tie-breaking votes in the Senate.