It’s Starting

Posted: June 10, 2025 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | Leave a comment

“I tasted a little tear gas — tasted like fascism.”

An unidentified protester in Los Angeles in a street interview on CBS on 8 June 2025.

Starting last Friday, protests in Los Angeles have continued in response to Immigration and Customs Enforcement (ICE) actions to apprehend undocumented immigrants. The protests started small, but have grown in reaction to the federal government’s response to the unrest. It seems that Trump (aka TACO — Trump Always Chickens Out, a name given to him in an article about tariffs in the Financial Times) seized upon this development to embrace his attempts to try and show how tough he is. His poll numbers and national support are dropping sharply in all areas except immigration. Therefore, he wants to make immigration his central focus in order to drown out all the criticism of all of the other parts of his agenda that are failing.

While it is true that playing to his base is one of his main motivators, it is not all that he is doing, nor is it the most important. We as a nation are on the brink of losing our democracy to an autocratic regime that has no patience for criticism and is willing to take extreme measures to achieve their goals.

It is extremely ironic, not to mention hypocritical, that a man that is a convicted felon, adjudicated sexual offender and well known draft dodger (“bone spurs”) who pardoned over 1500 people that brutally attacked law enforcement officers in an insurrection designed to keep him in power after he lost an election, is now screaming about law and order and pushing for the harshest punishments for anyone that even bumps into a law enforcement official. The leaders of the Trump regime are immune to feelings of hypocrisy and shame.

Let there be no doubt. Violence, looting, destruction of property are all crimes and people should be held accountable for any form of criminal activity, whatever “heroic” actions they may think that they are taking. However, the vast majority of the protesters are acting peacefully, if forcefully, to express their dissatisfaction and fears for their safety and the safety of their family, friends and neighbors. California is the fifth largest economy in the world — all by itself. Los Angeles is the biggest city in the state. It has a diverse, well integrated economy that relies on immigrants in every aspect of social and economic activity. It is a majority-minority city — meaning white people comprise less than half of the population. Estimates put the number of undocumented immigrants in the greater Los Angeles area as being about a million people. ICE and other Trump regime members claim that they are only going after hardened criminals. Yet another lie. Finding and arresting hardened criminals is difficult, time consuming and expensive. When Trump’s deputy Chief of Staff Stephen Miller (a white nativist) tells the ICE and other federal law enforcement officials that they must arrest 3,000 people a day or else they are fired (the bottom ten percent of field offices each month), those officials are going to go for the easy pickings. Day workers outside of Home Depot. Construction sites. People coming in for their immigration hearings or other appointments in accordance with our laws and their asylum or citizenship requests. As I and many others pointed out before Trump took office, many people now in the administration were saying that anyone that is here illegally is breaking the law and therefore is a criminal. We should not be surprised. They told us what they were going to do but no one believed them. That is what is happening in Los Angeles. ICE raided the parking lot of a Home Depot scooping up day workers and then raided the garment district. That is how the protests started.

According to NBC news, and other sources, Mr. Miller already directed 5,000 federal law enforcement officers to augment ICE and other Department of Homeland Security (DHS) efforts to round up immigrants. This includes FBI agents, Alcohol Tobacco and Firearms (ATF) agents, Drug Enforcement Agency (DEA) personnel, U.S. Marshalls and many other agencies. First, none of those officers have been trained to apprehend immigrants. Second, their reassignment creates huge gaps in our ability to conduct anti-gang investigations, break up drug cartels, provide counter-intelligence and generally keep our country safe and secure. Instead we are arresting moms and high school kids and other long term, law abiding, tax paying members of our society. Their only focus is on immigration and looking “tough.”

Which brings us back to what I am afraid is really going on. The protests in Los Angeles and the sporadic violence that broke out was ably and effectively controlled and monitored by the LAPD and the Los Angeles County Sheriff’s Office. They are trained, equipped and expert in handling protests bigger than what was happening in the beginning. They did not need outside help, and if they did, there were thousands of other area law enforcement officers available to help them under mutual aid agreements that most counties and cities have with jurisdictions in their areas.

Instead, the president mobilized two thousand National Guard troops. The desired result was achieved. Instead of calming things down — which any right minded leader would have as their objective — it exacerbated the situation and tensions increased. In my view, Trump was hoping for exactly what happened. Things got worse. When they got worse, his lackey in the Pentagon decided to send in a battalion from the U.S. Marine Corps base in Twenty-nine Palms California (about 700 Marines). Why do that? First, local law enforcement officials said that they could handle it. Second, 2,000 National Guard troops were there. Third, the California National Guard has about 18,000 members. If those on the ground needed help why not mobilize more National Guard personnel? He did it for many reasons — political, precedent, court tests and because Trump thinks that the U.S. military is his personal armed force. (He loves to play with “his” toys. There is a massive display of military power on tap for Saturday 14 June. It is the Army’s 250th birthday (happy birthday soldier!) and coincidentally Trumps 79th birthday. Washington DC is already closing down and Reagan National Airport will be closed during the parade. Totally disruptive. I will only note that the Navy (October) and Marine Corps (November) are also celebrating their 250th birthdays this year. No parades are scheduled.)

Here is why I think Trump and his henchmen and women are purposely escalating this situation. It is a dress rehearsal for bigger and better (in their minds) use of the military under the Insurrection Act of 1807, essentially martial law. Immigration enforcement is a political winner for this administration. It is also a fig leaf for trampling on the Constitution. It is no coincidence that Trump’s foray into this test case took place in California, a deeply blue state with a powerful governor that Trump happens to hate. If he can get away with it there, then he can go after other blue states that anger him (watch out Maine.)

California Governor Gavin Newsom did not request that the National Guard be activated and sent to Los Angeles. The president did so on his own, the first time since 1965 that a president has done so. (In that instance President Lyndon Baines Johnson activated the Alabama Guard to protect peaceful civil rights protesters being harassed and beaten by Alabama law enforcement officers. What a turn around today.) Of course in those 60 years the National Guard has been called out in a variety of circumstances, but always only upon request from the state’s governor.

I am not a Constitutional expert nor any kind of attorney, so I will not get into all of the U.S. codes covering the use of the military domestically. In brief, it is legal for the president to call up the National Guard and to deploy the Marines. However, under the law, they are only to be used for force protection (guarding buildings and the like) and support services (logistics, communications, transportation, and so on). Under a U.S. law known as the Posse Comitatus Act, federal military personnel cannot be used for civilian law enforcement purposes. (Ironically, if the governor had mobilized the Guard, they could be used in that way, but since now that they are federal military forces, they cannot.) I will vouch for the fact that the Marines being sent in have had absolutely no training in crowd dispersal, riot control or any other element of dealing with protesters, unless one or two were previously law enforcement officials. Probably the first time they had ever held a baton and shield in crowd control formation like the pictures show, was yesterday. What could go wrong? This is not the Marine’s mission. They are only there to show how “tough” the Trump regime can be. Some might say cruel, but then we know that when it comes to this administration, fear and cruelty is the point. One prays that an anxious young Marine or excited young protester doesn’t do anything stupid. It could all go down hill fast. Some of us remember what happened at Kent State University in Ohio when National Guard troops opened fire on unarmed war protesters in 1970.

Language is important, precision is important, especially when it comes to the law. Trump and his cohorts are aggressively using the word “insurrection” in their barrage of comments about the evil people of Los Angeles. They are not insurrectionists, of course. No one is trying to overthrow the government. However, there are several reasons for that. One, perhaps the least important, is an attempt to change the narrative and re-write history concerning the attack on the Capitol building on 6 January 2021. Those were insurrectionists, but Trump and the MAGA crowd want you to think otherwise which is why they continue to call them “patriots” — as if Trump even knows what that word means.

Second, the provisions of the Posse Comitatus Act allow for the military to be used in law enforcement under the provisions of the Insurrection Act of 1807. Remember that Trump wanted to invoke that law during the protests following the murder of George Floyd in 2020. He wanted to direct the military to shoot protesters in the legs. The then Secretary of Defense (SECDEF) and Chairman of the Joint Chiefs (CJCS) refused to implement his requests and true to his TACO form, he backed down. Thankfully. Who is there now telling him that what he has in mind is wrong? No one. SECDEF Pete (DUI Hire) Hegseth certainly will not. DHS Secretary Kristi (ICE Barbie) Noem certainly will not. Attorney General Pam (Police State Barbie) Bondi certainly will not. I don’t know about the current CJCS but I am worried that we have heard nothing from any source as to any mitigating recommendations senior uniformed officials are making. Crickets so far. Trump’s senior civilian officials seem to be competing amongst themselves to see who can impress the boss the most with their cruel and demeaning behavior.

Immigration is a legitimate issue. The system has been broken for a long time. In 2024 there was a legitimate bi-partisan effort in Congress to try and untangle the mess in a fair, but practical way. Trump killed it during his campaign because he thought that it was his best issue to win re-election. It appears he was right. Now he can use it as a handy tool anytime anything else goes wrong in his administration. Think of all the things that he was going to change/solve/fix in his first 24 hours/month/100 days. None of them happened. But with actions such as he is taking in California, and pretty much around the country, he can say he is doing what the electorate wanted by cracking down on undocumented immigrants. He has a winning political issue and the enablers in his administration, the Project 2025 crowd, have a willing enforcer to Make America White Again.

Only about ten percent of his term has gone by. Stand by for what is coming. This is just the start.

Are You an Alien Enemy?

Posted: March 24, 2025 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , | Leave a comment

Within political circles, in the news and among the talking heads on the television, there are ongoing discussions as to whether the actions of the 47th president will lead to a Constitutional crisis. Are we there yet or not? I believe that we are already there.

In our daily lives it is easy to lose track of all the chaotic actions taken by the president and his DOGE-bros to disrupt and destroy the federal government under the lie that they are eliminating waste, fraud and abuse. Possibly, you have yet to personally feel anything different or to have experienced any changes to your daily life. Therefore, you may ask, why do I really care about any of it? You may even believe that you are apolitical or “tired” of all the discussions and drama and divisiveness so you just tune it out. Good luck. While you were not paying attention, you lost many of the rights we thought were guaranteed to us by our Constitution.

Too dramatic? Let’s take a closer look.

On 14 March 2025 Trump signed an Executive Order claiming to have the right under the Alien Enemies Act of 1798 (as amended in 1918) to declare that a group of undocumented immigrants from Venezuela are conducting “irregular warfare” against the United States and that they therefore fall under the provisions of the Act because they are perpetrating an “invasion” or “predatory incursion” into the U.S. Specifically, he claims that a Venezuelan based gang known as Tren de Aragua (or TdA) is acting in concert with the government of Venezuela to destabilize the U.S. by using drug trafficking as a “weapon” to attack U.S. citizens.

For context, the provisions of that 18th century law (USC 50 Sections 21-24) have been invoked three times. It was used during the War of 1812, World War I and, perhaps best well-known, for the shameful internment of Japanese-Americans during World War II. The law is generally considered to be relevant only in the context of a “declared war” which was used literally in the era in which it was written. The Trump Administration is trying to declare that the other language in the Act applies, specifically that illegal immigrants constitute an “invasion” or “predatory incursion” — although those terms are also used literally to mean large scale armed attacks by foreign forces as in a war or a step towards war. Throughout our history, the Act was understood to be a war time power only, not a hedge to get around the use of regular immigration law. Under the Constitution, only Congress can declare war. However, to provide for emergency responses, a president can declare that an invasion or predatory incursion is underway.

In the public relations realm, the Trump Administration has a powerful story to tell. Let’s face it, no one defends TdA as a bunch of nice fellows. They are murderous drug dealers that have no mercy for anyone from outside of their gang. In a word, they are scum. This provides a means to attack those that criticize Trump’s actions as being outside the law and they continue to attack anyone, including federal judges, that would disallow their use of the Alien Enemies Act to arrest and deport them.

But that is not the issue. And they know it. No one in the U.S. thinks that TdA is a positive force in our lives. Anyone you ask would say that they should be arrested, tried, punished and deported. The courts and the critics of the Administration are not arguing about the nature of TdA. They are arguing that there are already effective laws that deal with criminals like this gang that can be used under the Constitution rather than ignoring the protections we all should have as basic rights. (Curiously, Trump declared last week that he never signed the Executive Order, which itself creates a whole new set of questions.)

What happened on the weekend of 15 March is that the Immigration and Customs Enforcement (ICE) officers made 238 Venezuelans and 23 Salvadorans “disappear” into one of the world’s most cruel and dangerous prisons in El Salvador under the alleged provisions of the Alien Enemies Act. To date, our government refuses to release the names of those captured. However, the Hollywood style videos of the deportations and incarcerations have given friends and families of those abducted a chance to identify their loved ones that disappeared without a trace. Most have no criminal record. Some appeared for their regularly scheduled check-in appointments as they awaited an asylum hearing and were arrested and thrown into the Salvadoran jail. Note that the Venezuelans were not deported to their home country but to a jail in El Salvador. Oh, yeah. I forgot to add that the Trump Administration is paying the president of that country 6 million dollars to keep them.

The Constitution protects all people living in the U.S. regardless of their immigration status. Everyone has the right to due process under the law if accused of a crime. Everyone within the U.S. is eligible for a fair and impartial hearing by the government under the Fifth and Fourteenth Amendments before their life, liberty, and the pursuit of happiness is taken away from them. The Sixth Amendment provides for legal counsel for anyone accused of a crime. Given the nature of the arrests, it is worth noting that the Fourth Amendment protects all of us against unlawful entry and searches without a warrant or probable cause.

Here is where it gets interesting for you and me and why I think it is important for all of us to pay attention. The Trump Administration attorneys in the Department of Justice argue that under the Alien Enemies Act, the Fourth Amendment does not apply. In other words, if you are in the next group of people that Trump unilaterally declares are enemies of the state, the federal government can break down your door and come charging in without probable cause or a search warrant.

Additionally, in a sworn declaration during a court hearing on the use of the Act, ICE Acting Field Office Director of Enforcement and Removal Operations Robert Cerna argued that “the lack of specific information about each individual actually highlights the risk they pose” and “demonstrates that they are terrorists with regard to whom we lack a complete profile.” He added that “while it is true that many of the TdA members removed under the AEA [Alien Enemies Act] do not have criminal records in the United States, that is because they have only been in the United States for a short period of time. The lack of a criminal record does not indicate they pose a limited threat.”

Many of those arrested and accused of being members of the gang were targeted solely because they had tattoos. One of those individuals, a professional soccer player in Venezuela who had been tortured by the government regime and received permission to enter the U.S. awaiting an asylum hearing had a tattoo. Of his favorite soccer club. Real Madrid.

So, for those keeping score at home, the Trump Administration claims that they can enter your home for any reason without a court order and arrest you, even if you have no criminal record. Because, according to Mr. Cerna, you are even more dangerous because you don’t have a criminal record. And don’t have any strange looking tattoos in Spanish.

We are living in Bizzaro World.

The issue is now in the courts. As expected, Trump and his henchmen and women in the Administration are crying loud and strong that a single federal judge cannot thwart the will of the great and powerful king in the White House. Apparently, they slept through their civics class that discussed the three equal branches of the government under the Constitution. If they do not like what the district court judge did, then appeal it. Instead they are calling for his impeachment. (Which will go nowhere but will provide for a fund raising advertisement for the MAGA crowd.) Eventually, this issue should wend its way to the Supreme Court. In my mind, this is a no brainer in favor of the Constitution as we have understood it for nearly 250 years. However, nothing is “for sure” anymore. After all, the current Supreme Court is the same one that said the president is immune from prosecution for any act taken within his official duties. Maybe they say that the president can use the Alien Enemies Act in whatever way he wants.

Additionally, the Supreme Court is sometimes reluctant to rule on Constitutional issues when it comes to specific duties assigned to other branches of the government. In this case, Congress declares war under the Constitution and the president carries out the duties of Commander-in-Chief.

This will be a real test of our checks and balances of the three equal branches of government which is already under tremendous stress as the Trump administration continues the quest to turn Trump into the autocrat he so craves to be. He has already subdued the Congress that seems now to exist only to rubber stamp whatever Trump wants. MAGA Republicans bend the knee whenever required and the Democrats in Congress seem leaderless and impotent.

The attack on the judiciary is a direct frontal assault. Trump already silenced several major law firms that stood up to him in the past. They caved. Several news organizations caved to Trump’s extortion threats. So far the judicial branch is holding. I am not sure how long they can continue to hold out, especially as they come under increased threats to their well-being as well as threats to their families.

Please pay attention. We are in a Constitutional crisis. Trump and his supporters are about to decide to ignore or defy a judicial order, putting our cherished democratic republic in danger. It can happen here. It is happening here.

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