Leonardo Garcia Venegas was detained by immigration agents while filming a raid on his worksite, despite having a REAL ID on him and telling the officers he was a citizen.
Reporting Highlights
Americans Detained: The government doesn’t track how many citizens are held by immigration agents. We found more than 170 cases this year where citizens were detained at raids and protests.
Held Incommunicado: More than 20 citizens have reported being held for over a day without being able to call their loved ones or a lawyer. In some cases their families couldn’t find them.
Cases Wilted: Agents have arrested about 130 Americans, including a dozen elected officials, for allegedly interfering with or assaulting officers, yet those cases were often dropped.
These highlights were written by the reporters and editors who worked on this story.
When the Supreme Court recently allowed immigration agents in the Los Angeles area to take race into consideration during sweeps, Justice Brett Kavanaugh said that citizens shouldn’t be concerned.
“If the officers learn that the individual they stopped is a U.S. citizen or otherwise lawfully in the United States,” Kavanaugh wrote, “they promptly let the individual go.”
About two dozen Americans have said they were held for more than a day without being able to phone lawyers or loved ones.
Videos of U.S. citizens being mistreated by immigration agents have filled social media feeds, but there is little clarity on the overall picture. The government does not track how often immigration agents hold Americans.
So ProPublica created its own count.
We compiled and reviewed every case we could find of agents holding citizens against their will, whether during immigration raids or protests. While the tally is almost certainly incomplete, we found more than 170 such incidents during the first nine months of President Donald Trump’s second administration.
Among the citizens detained are nearly 20 children, including two with cancer. That includes four who were held for weeks with their undocumented mother and without access to the family’s attorney until a congresswoman intervened.
Immigration agents do have authority to detain Americans in limited circumstances. Agents can hold people whom they reasonably suspect are in the country illegally. We found more than 50 Americans who were held after agents questioned their citizenship. They were almost all Latino.
Immigration agents also can arrest citizens who allegedly interfered with or assaulted officers. We compiled cases of about 130 Americans, including a dozen elected officials, accused of assaulting or impeding officers.
These cases have often wilted under scrutiny. In nearly 50 instances that we have identified so far, charges have never been filed or the cases were dismissed. Our count found a handful of citizens have pleaded guilty, mostly to misdemeanors.
Among the detentions in which allegations have not stuck, masked agents pointed a gun at, pepper sprayed and punched a young man who had filmed them searching for his relative. In another, agents knocked over and then tackled a 79-year-old car wash owner, pressing their knees into his neck and back. His lawyer said he was held for 12 hours and wasn’t given medical attention despite having broken ribs in the incident and having recently had heart surgery. In a third case, agents grabbed and handcuffed a woman on her way to work who was caught up in a chaotic raid on street vendors. In a complaint filed against the government, she described being held for more than two days, without being allowed to contact the outside world for much of that time. (The Supreme Court has ruled that two days is generally the longest federal officials can hold Americans without charges.)
George Retes, an American combat veteran, at the site of his arrest by immigration agents on California’s Central Coast. Retes was detained for three days without access to a lawyer and missed his daughter’s third birthday.
In response to questions from ProPublica, the Department of Homeland Security said agents do not racially profile or target Americans. “We don’t arrest US citizens for immigration enforcement,” wrote spokesperson Tricia McLaughlin.
A top immigration official recently acknowledged agents do consider someone’s looks. “How do they look compared to, say, you?” Border Patrol chief Gregory Bovino said to a white reporter in Chicago.
The White House told ProPublica that anyone who assaults federal immigration agents would be prosecuted. “Interfering with law enforcement and assaulting law enforcement is a crime and anyone, regardless of immigration status, will be held accountable,” said the Deputy Press Secretary Abigail Jackson. “Officers act heroically to enforce the law, arrest criminal illegal aliens, and protect American communities with the utmost professionalism.”
A spokesperson for Kavanaugh did not return an emailed request for comment.
An immigration raid on 79-year-old Rafie Ollah Shouhed’s car wash left him with broken ribs.Courtesy of Rafie Ollah Shouhed. Compiled by ProPublica.
Tallying the number of Americans detained by immigration agents is inherently messy and incomplete. The government has long ignored recommendations for it to track such cases, even as the U.S. has a history of detaining and even deporting citizens, including during the Obama administration and Trump’s first term.
We compiled cases by sifting through both English- and Spanish-language social media, lawsuits, court records and local media reports. We did not include arrests of protesters by local police or the National Guard. Nor did we count cases in which arrests were made at a later date after a judicial process. That included cases of some people charged with serious crimes, like throwing rocks or tossing a flare to start a fire.
Experts say that Americans appear to be getting picked up more now as a result of the government doing something that it hasn’t for decades: large-scale immigration sweeps across the country, often in communities that do not want them.
In earlier administrations, deportation agents used intelligence to target specific individuals, said Scott Shuchart, a top immigration official in the Biden, Obama and first Trump administrations. “The new idea is to use those resources unintelligently” — with officers targeting communities or workplaces where undocumented immigrants may be.
When federal officers roll through communities in the way the Supreme Court permitted, the constitutional rights of both citizens and noncitizens are inevitably violated, argued David Bier, the director of immigration studies at the libertarian Cato Institute. He recently analyzed how sweeps in Los Angeles have led to racial profiling. “If the government can grab someone because he’s a certain demographic group that’s correlated with some offense category, then they can do that in any context.”
Cody Wofsy, an attorney at the American Civil Liberties Union, put it even more starkly. “Any one of us could be next.”
The video Garcia Venegas made of an immigration raid on a construction site shows him walking away from the officer while trying to film and then stating that he’s a citizen before being detained.Courtesy of Garcia Venega
When Kavanaugh issued his opinion that immigration agents can consider race and other factors, the Supreme Court’s three liberal justices strongly dissented. They warned that citizens risked being “grabbed, thrown to the ground, and handcuffed simply because of their looks, their accents, and the fact they make a living by doing manual labor.”
Leonardo Garcia Venegas appears to have been just such a case. He was working at a construction site in coastal Alabama when he saw masked immigration agents from Homeland Security Investigations hop a fence and run by a “No trespassing” sign. Garcia Venegas recalled that they moved toward the Latino workers, ignoring the white and Black workers.
Garcia Venegas began filming after his undocumented brother asked agents for a warrant. In response, the footage shows, agents yanked his brother to the ground, shoving his face into wet concrete. Garcia Venegas kept filming until officers grabbed him too and knocked his phone to the ground.
Other co-workers filmed what happened next, as immigration agents twisted the 25-year-old’s arms. They repeatedly tried to take him to the ground while he yelled, “I’m a citizen!”
Officers pulled out his REAL ID, which Alabama only issues to those legally in the U.S. But the agents dismissed it as fake. Officers held Garcia Venegas handcuffed for more than an hour. His brother was later deported.
Leonardo Garcia Venegas told agents he was a citizen both times he was detained. His REAL ID was dismissed as a fake.
Garcia Venegas was so shaken that he took two weeks off of work. Soon after he returned, he was working alone inside a nearly built house listening to music on his headphones when he sensed someone watching him. A masked immigration agent was standing in the bedroom doorway.
This time, agents didn’t tackle him. But they again dismissed his REAL ID. And then they held him to check his citizenship. Garcia Venegas says agents also held two other workers who had legal status.
DHS did not respond to ProPublica’s questions about Garcia Venegas’ detentions, or to a federal lawsuit he filed last month. The agency has previously defended the agents’ conduct, saying he “physically got in between agents and the subject” during the first incident. The footage does not show that, and Garcia Venegas was never charged with obstruction or any other crime.
Garcia Venegas’ lawyers at the nonprofit Institute for Justice hope others may join his suit. After all, the reverberations of the immigration sweeps are being felt widely. Garcia Venegas said he knows of 15 more raids on nearby construction sites, and the industry along his portion of the Gulf Coast is struggling for lack of workers.
Kavanaugh’s assurances hold little weight for Garcia Venegas. He’s a U.S. citizen of Mexican descent, who speaks little English and works in construction. Even with his REAL ID and Social Security card in his wallet, Garcia Venegas worries that immigration agents will keep harassing him.
“If they decide they want to detain you,” he said. “You’re not going to get out of it.”
Men building a home in rural Baldwin County, Alabama. Garcia Venegas was detained by immigration agents twice while working on homes in the area.
George Retes was among the citizens arrested despite immigration agents appearing to know his legal status. He also disappeared into the system for days without being able to contact anyone on the outside.
The only clue Retes’ family had at first was a brief call he managed to make on his Apple Watch with his hands handcuffed behind his back. He quickly told his wife that “ICE” had arrested him during a massive raid and protest on the marijuana farm where he worked as a security guard.
Still, Retes’ family couldn’t find him. They called every law enforcement agency they could think of. No one gave them any answers.
Eventually, they spotted a TikTok video showing Retes driving to work and slowly trying to back up as he’s caught between agents and protestors. Through the tear gas and dust, his family recognized Retes’ car and the veteran decal on his window. The full video shows a man — Retes — splayed on the ground surrounded by agents.
George Retes’ family noticed his car in a compiled video posted to TikTok. This clip from that longer video shows his white vehicle surrounded by tear gas. Immigration agents later pinned him on the ground.nota.sra/TikTok
Retes’ family went to the farm, where local TV reporters were interviewing families who couldn’t find their loved ones.
“They broke his window, they pepper sprayed him, they grabbed him, threw him on the floor,” his sister told a reporter between sobs. “We don’t know what to do. We’re just asking to let my brother go. He didn’t do anything wrong. He’s a veteran, disabled citizen. It says it on his car.”
Retes was held for three days without being given an opportunity to make a call. His family only learned where he had been after his release. His leg had been cut from the broken glass, Retes told ProPublica, and lingering pepper spray burned his hands. He tried to soothe them by filling sandwich bags with water.
Retes recalled that agents knew he was a citizen. “They didn’t care.” He said one DHS official laughed at him, saying he shouldn’t have come to work that day. “They still sent me away to jail.” He added that cases like his show Kavanaugh was “wrong completely.”
DHS did not answer our questions about Retes. It did respond on X after Retes wrote an op-ed last month in the San Francisco Chronicle. An agency post asserted he was arrested for assault after he “became violent and refused to comply with law enforcement.” Yet Retes had been released without any charges. Indeed, he says he was never told why he was arrested.
Retes said that agents knew he was a citizen. “They didn’t care.”
The Department of Justice has encouraged agents to arrest anyone interfering with immigration operations, twiceordering law enforcement to prioritize cases of those suspected of obstructing, interfering with or assaulting immigration officials.
But the government’s claims in those cases have often not been borne out.
Daniel Montenegro was filming a raid at a Van Nuys, California, Home Depot with other day-laborer advocates this summer when, he told ProPublica, he was tackled by several officers who injured his back.
Bovino, the Border Patrol chief who oversaw the LA raids and has since taken similar operations to cities like Sacramento and Chicago, tweeted out the names and photos of Montenegro and three others, accusing them of using homemade tire spikes to disable vehicles.
“I had no idea where that story came from,” Montenegro told ProPublica. “I didn’t find out until we were released. People were like, ‘We saw you on Twitter and the news and you guys are terrorists, you were planning to slash tires.’ I never saw those spike tire-popper things.”
Officials have not charged Montenegro or the others with any crimes. (Bovino did not respond to a request for comment, while DHS defended him in a statement to ProPublica: “Chief Bovino’s success in getting the worst of the worst out of the country speaks for itself.”)
The government’s cases are sometimes so muddied that it’s unclear why agents actually arrested a citizen.
Andrea Velez was charged with assaulting an officer after she was accidentally dropped off for work during a raid on street vendors in downtown Los Angeles. She said in a federal complaint that officers repeatedly assumed she did not speak English. Federal officers later requested access to her phone in an attempt to prove she was colluding with another citizen arrested that day, who was charged with assault. She was one of the Americans held for more than two days.
DHS did not respond to our questions about Velez, but it has previously accused her of assaulting an officer. A federal judge has dismissed the charges.
Other citizens also said officers accused them of crimes and suddenly questioned their citizenship — including a man arrested after filming Border Patrol agents break a truck window, and a pregnant woman who tried to stop officers from taking her boyfriend.
“The often-inadequate guardrails that we have for state and local government — even those guardrails are nonexistent when you’re talking about federal overreach,” said Joanna Schwartz, a professor at UCLA School of Law.
More than 50 members of Congress have also written to the administration, demanding details about Americans who’ve been detained. One is Sen. Alex Padilla, a California Democrat. After trying to question Noem about detained citizens, federal agents grabbed Padilla, pulled him to the ground and handcuffed him. The department later defended the agents, saying they “acted appropriately.”
He has additionally espoused a view of the United States as a white, Christian nation, claiming that white people are undergoing a “cultural genocide” and deliberate replacement.
Multiple Trump nominees have had histories of racist, violent, white supremacist, and even pro-Nazi tweets. But almost all of them still end up being confirmed by Senate Republicans.
NPR identified more than a dozen files released by the DOJ on Friday that are no longer available Saturday afternoon, including one that shows President Trump’s photo on a desk among several other photographs. The removed files also show various works of art, including those containing nudity.
Sarah Rainsford,Eastern and Southern Europe correspondentand
Guy Delauney,Balkans correspondent
AP Photo/Jerome Delay
Civilians risked their lives to cross Sarajevo’s main boulevard during the Bosnian war
The public prosecutor’s office in Milan has opened an investigation into claims that Italian citizens travelled to Bosnia-Herzegovina on “sniper safaris” during the war in the early 1990s.
Italians and others are alleged to have paid large sums to shoot at civilians in the besieged city of Sarajevo.
The Milan complaint was filed by journalist and novelist Ezio Gavazzeni, who describes a “manhunt” by “very wealthy people” with a passion for weapons who “paid to be able to kill defenceless civilians” from Serb positions in the hills around Sarajevo.
Different rates were charged to kill men, women or children, according to some reports.
More than 11,000 people died during the brutal four-year siege of Sarejevo.
Yugoslavia was torn apart by war and the city was surrounded by Serb forces and subjected to constant shelling and sniper fire.
Similar allegations about “human hunters” from abroad have been made several times over the years, but the evidence gathered by Gavazzeni, which includes the testimony of a Bosnian military intelligence officer, is now being examined by Italian counter terrorism prosecutor Alessandro Gobbis.
The charge is murder.
CHRISTOPHE SIMON/AFP
More than 11,000 civilians died in the siege of Sarajevo
The Bosnian officer apparently revealed that his Bosnian colleagues found out about the so-called safaris in late 1993 and then passed on the information to Italy’s Sismi military intelligence in early 1994.
The response from Sismi came a couple of months later, he said. They found out that “safari” tourists would fly from the northern Italian border city of Trieste and then travel to the hills above Sarajevo.
“We’ve put a stop to it and there won’t be any more safaris,” the officer was told, according to Ansa news agency. Within two to three months the trips had stopped.
Ezio Gavazzeni, who usually writes about terrorism and the mafia, first read about the sniper tours to Sarajevo three decades ago when Italian newspaper Corriere della Sera reported the story, but without firm evidence.
He returned to the topic after seeing “Sarajevo Safari”, a documentary film from 2022 by Slovenian director Miran Zupanic which alleges that those involved in the killings came from several countries, including the US and Russia as well as Italy.
Gavazzeni began to dig further and in February handed prosecutors his findings, said to amount to a 17-page file including a report by former Sarajevo mayor Benjamina Karic.
MICHAEL EVSTAFIEV/AFP
Snipers would shoot at civilians from areas controlled by the Bosnian Serbs overlooking Sarajevo
An investigation in Bosnia itself appears to have stalled.
Speaking to Italy’s La Repubblica newspaper, Gavazzeni alleges that “many” took part in the practice, “at least a hundred” in all, with Italians paying “a lot of money” to do so, up to €100,000 (£88,000) in today’s terms.
In 1992, late Russian nationalist writer and politician Eduard Limonov was filmed firing multiple rounds into Sarajevo from a heavy machine gun.
He was being given a tour of hillside positions by Bosnian Serb leader Radovan Karadzic, who was later convicted of genocide by an international tribunal in the Hague.
Limonov didn’t pay for his war tourism, though. He was there as an admirer of Karadzic, telling him: “We Russians should take example from you.”
Italian prosecutors and police are said to have identified a list of witnesses as they try to establish who might have been involved.
However, members of the British forces who served in Sarajevo in the 1990s have told the BBC that they never heard of any so-called “sniper tourism” during the Bosnian conflict.
They indicated that any attempts to bring in people from third countries who had paid to shoot at civilians in Sarajevo would have been “logistically difficult to accomplish”, due to the proliferation of checkpoints.
British forces served both inside Sarajevo and in the areas surrounding the city, where Serb forces were stationed and they saw nothing at the time to suggest that “sniper tourism” was taking place.
One soldier described the allegations that foreigners had paid to shoot at civilians as an “urban myth”.
So Ron and his sister arrived two days ago. Lucky for me she is a doer who jumps in to do stuff and doesn’t wait for others to do for her. She has really helped Ron get a lot of stuff done. She helps when my back goes out. She is doing supper right now so I can catch up on the last few days of news. I really hope she finds a place to her tastes here as she is a good influence for Ron. Hugs, loves to all, and best wishes to all who wish them. Scottie
Thanks to Ron’s sister jumping in and doing all the extra stuff I have been trying to do I can rest my back while doing my posting. I could get used to this. Hugs
tRump’s illegal war for profit to please the corporations he told to give him a billion dollars for his campaign and he would do what ever they asked. Wow US military young adults sold for tRump’s profit. Hugs
The $1,776 per person bonuses, unveiled by Trump in his nationwide address Wednesday night, will be covered with funding approved in the Big Beautiful Bill that passed in July, according to the congressional officials and later confirmed by the Pentagon. The payouts — which will cost roughly $2.6 billion — will be a “one-time basic allowance for housing supplement to all eligible service members,” said the official.
The Trump administration announced several moves Thursday that will have the effect of essentially banning gender-affirming care for transgender young people, even in states where it is still legal.
The second would block all Medicaid and Medicare funding for any services at hospitals that provide pediatric gender-affirming care.
Really stupid things say and blame democrats for just because they think it sounds good not realizing how dumb it seems.
As Democracy Docket previously reported, in his previous role as a prosecutor in the Los Angeles district attorney’s office, Neff was put on leave after bringing charges against an election software executive based on information from conspiracy-driven election denier group True the Vote. The saga ultimately cost taxpayers $5 million to settle a lawsuit over the flawed prosecution.
Neff is also affiliated with True The Vote, the far-right QAnon group featured in Dinesh D’Souza’s debunked “2000 Mules” film.
Slumped over in his chair at the Resolute desk, Trump’s face slackened—eyes drooping, the corners of his mouth sagging—as he fought off sleep. The elderly president has now been caught appearing to doze off at four official events in six weeks.
This is incredible and the best I have felt in 5 months. I have had so much old news, many hundreds of back logged news I wanted to share. I recently found out that the mail stuff I would share was stuck on my phone so did not post. I cleared that. Today right now all old news mail articles are posted, the stuff I want to share is posted. I still have to do the video on what happened because I got long term Covid. Sadly I was able to do this because Ron was gone to Texas to help his sister and now they are on their way home. More pressure to do as much as I can with my pain and disability. So I have two more rooms to work on before they get here later this week. I want to do a video on the entire thing but may not. My goal was to clear all these tabs and then do videos …. but we will see, Hugs
The city, home to one of the largest Muslim populations in the United States, has recently become a repeated target for out-of-state activists who falsely claim it operates under “Sharia law.” The tensions began when Jake Lang, a Jan. 6 rioter who has described himself as a political prisoner, arrived on Michigan Avenue attempting to burn a Quran.
Federal law enforcement agencies are detaining US citizens who do not carry proof of their citizenship in what civil rights advocates describe as a flagrant violation of constitutional rights—and a top Trump administration official is claiming the government has the authority to do so. Bovino recently lied in court about being hit with a rock by anti-ICE protesters, despite video showing that never happened. According to reports, some Border officials privately refer to Bovino a “Little Napoleon” due to his height and volatile temper.
Things that are just wrong on too many levels / Medical Misinformation / tRump’s illegal war to steal oil / Rule by decree
The pilot of a JetBlue flight reported on Friday that he narrowly avoided colliding with a U.S. military aircraft over the Caribbean after an Air Force refueling tanker passed in front of the commercial plane without broadcasting its position, according to air traffic control radio communications.
It would reduce in prominence the headquarters of U.S. Central Command, U.S. European Command and U.S. Africa Command by placing them under the control of a new organization known as U.S. International Command. Those familiar with the plan said it aligns with the Trump administration’s national security strategy, released this month, that declares that the “days of the United States propping up the entire world order like Atlas are over.”
Their way to rid themselves of officers who will refuse to follow an illegal order and put command in the hands of those who will. All of this is to reduce the number of Admirals and Generals who could credibly disobey the illegal orders that will be coming soon.
This past September, the Trump administration terminated these agreements. The center’s former head, James Rubin, called this decision “a unilateral act of disarmament,” and no wonder: In effect, the United States was declaring that it would no longer oppose Russian influence campaigns, Chinese manipulation of local politics, or Iranian extremist recruitment drives. Nor would the American government use any resources to help anyone else do so either.
Foreign nationals can now pay $1 million plus a $15,000 processing fee for the Trump Gold Card, which grants them U.S. residency “in record time,” the website states. Corporations, meanwhile, can also partake in the program by making a $2 million contribution and paying the $15,000 processing fee.
The St. Louis-based lawyer declined to share copies, citing his clients’ privacy, but said most are seeking $1 million to $10 million for alleged injuries and property damage during their arrest, prosecution and, in many cases, imprisonment. Earlier this year, US officials agreed to pay nearly $5 million this year to settle a claim brought by the family of Ashli Babbitt, who was shot and killed by a police officer inside the Capitol on Jan. 6.
In the lawsuit filed Wednesday, Uthmeier’s office alleged that for the “past five years and continuing to the present day, defendant has excluded or disfavored nonminorities in numerous employment practices and programs.”
The move is part of the administration’s wider campaign to scrub federal institutions of “corrosive ideology” recognizing historical racism and sexism. The directive instructs park staff to report by Friday any retail items that have content that “inappropriately disparages Americans past or living” or that includes “matters unrelated to the beauty, abundance or grandeur” of a natural feature in its description.
Hit the link for many photos of Key West homes now sporting rainbow picket fences. As for Ms. Walker, the self-proclaimed “Christian Republican” felt compelled to boast about her complaint on X.
Yet the Russian oil shadow fleet is left totally alone by the tRump admin? I wonder why the oil tankers off Venezuela are OK to attack yet the same sanctioned oil tankers of Russia are off limits? What is the difference between illegal sanctioned oil tankers? Oh yes Putin has something over on tRump. Hugs
“States have the statutory duty to preserve and protect their constituents from vote dilution,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division.
This is code for balck people voting which white supremacist feel makes their votes less important. Hugs
Saturday was shattered by two mass shootings. The first, at Brown University in Rhode Island, happened as students prepared for exams. Two people were killed and nine injured. A “person of interest,” which is a law enforcement term that means someone law enforcement wants to speak with about a crime, but whom they are not yet prepared to charge, is in custody.
Frequently, a person of interest will evolve into a suspect. But tonight, there is news that individual has been released. Rhode Island Attorney General Peter Neronha explained that although there was “some degree of evidence” that pointed to a 24-year-old Wisconsin man who was detained Sunday morning, “that evidence needed to be corroborated and confirmed, and over the last 24 hours leading into just very, very recently, that evidence now points in a different direction.”
It’s important to give law enforcement the time it needs to do its job here, to ensure that all threats to the community are fully mitigated, and as much as possible is learned about what prompted the shooting, so victims can have closure.
What seems unimaginable to people who graduated before the epidemic of school shootings is all too real for this generation of students. Today is the anniversary of the deadliest school shooting in our history, at Sandy Hook Elementary school, where the shooter killed 26 people, 20 six- and seven-year-old children and six adults. The shooter killed his mother before he drove to Sandy Hook and took his own life as law enforcement arrived at the school.
This post on threads got it absolutely right:
The second shooting was a terrorist attack launched by two men against Jews celebrating Hanukkah at the beach in Sydney, Australia, another incident in a tide of rising antisemitism. The death toll continues to climb. The shooters took the lives of a beloved rabbi and at least 14 others who were at the event for families. A Holocaust survivor and a 10-year-old girl were also among the victims. It seems impossible that this explanation needs to be offered, but increasingly, it is essential: killing innocent Jews does not help people in Gaza, if, indeed, that was the motivation here.
One point of light in the tragedy was the bravery of a local fruit shop owner, Ahmed El Ahmad, who ran towards the violence and snatched an enormous, long gun from the hands of one of the shooters. Ahmad was shot by the other terrorist and is recovering in hospital.
After this turbulent weekend, we head into a week that promises more chaos.
Judge Hannah Dugan’s Trial Starts Monday
After jury selection began late last week, trial gets underway for Wisconsin state Judge Hannah Dugan, who was indicted by the Justice Department last May for helping a noncitizen try to evade arrest by immigration authorities at the county courthouse where she sits, last April.
Judge Dugan’s capable lawyers will put on a solid defense. She has maintained she was simply trying to keep order in her courtroom and permitted the non-citizen to use one of the doors leading out of her courtroom that was less public, but that didn’t prevent agents and officers from accosting him. The message behind the indictment is clear: If they can arrest judges, no one is safe. And in the months since Duggan’s indictment, the administration has certainly expanded on it, indicting Kilmar Abrego Garcia on stale charges in apparent retaliation for his efforts to insist he was illegally deported and bringing now-failed indictments against a former FBI Director, Jim Comey, and current New York State Attorney General, Letitia James, whom Trump views as political enemies.
The good people of Wisconsin seem to understand this threat. They have been protesting even since the Judge was first detained.
We will follow the trial’s progress this week. Tuesday night at 6:30 p.m. Central, we’ll be joined by legal reporter Adam Klasfeld of All Rise News, who will be in the courtroom this week and will join us to share what’s transpiring. Make sure you mark your calendars.
Friday, DOJ is required to release the Epstein Files
On the heels of House Democrats’ release of photographs from Jeffrey Epstein’s estate last week, the Justice Department has a deadline on Friday. This is the result of the law Congress overwhelmingly passed in mid-November to force the DOJ to release its files related to Jeffrey Epstein.
Whether DOJ will comply is an entirely different matter. Trump demanded that his attorney general open an investigation into only Democrats whose names have surfaced. Bondi may well try to use that new investigation to block demands for release. We’ve already lived through a government shutdown, which seemed to be contrived at least partially to prevent the passage of the law requiring this disclosure and the record-breaking 50-day delay in swearing in newly elected Congresswoman Adelita Grijalva of Arizona. So it’s clear the administration is determined to protect the president from further disclosures like Friday’s photo of “Trump Condoms.”
Survivors deserve justice and the public demand for it is what’s driving the process here. Keep demanding.
But ultimately, if DOJ balks, that could require intervention in the courts and delay matters. Democrats, who are in the minority in both the Senate and the House, lack the ability to issue subpoenas to obtain further information from Epstein’s estate, information that could provide the source of and context for photos that were released last week and additional information like financial records and testimony from witnesses. A process like this is essential if there is going to be accountability for Epstein’s operation and the people who participated in it, benefited from it, and helped to conceal it. So it’s worth noting that Republicans currently hold a very slender majority in the House, which will narrow further with the departure of Marjorie Taylor Greene and perhaps others, even before the midterm election.
Control of the House likely determines whether the full files ever get released.
SCOTUS
The Court is done hearing oral arguments until it picks back up with them on January 12. But that doesn’t mean we might not hear from them in the form of decisions off of the shadow docket as we head into the holidays, with National Guard cases, among other issues, developing in multiple states.
Trump Excesses
This afternoon, Trump posted “Get Your TRUMP CARD today!” on Truth Social. It’s an advertisement for the so-called Trump Card, a golden ticket for those wealthy (and presumably white) enough to buy immigration status in the U.S.
Trump even helpfully added a link to where people could go to apply—on what’s being billed as “an official website of the U.S.” at trumpcard.gov
There are two options:
The Gold Card “For a $15,000 DHS processing fee* and, after background approval, a contribution of $1 million, receive U.S. residency in record time with the Trump Gold Card.”
The Platinum Card, billed as coming soon. “Foreign nationals can sign up now and secure their places on the waiting list for the Trump Platinum Card. When launched, and upon receipt of a $15,000 DHS processing fee and $5 million contribution, they will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income.”
The ick factor is high here. It reduces the presidency and this president to the position of a cheap huckster, hawking U.S. residency to the highest bidder while violently deporting hardworking people, and in some cases, getting it wrong and grabbing American citizens and military veterans.
On September 19, Trump signed Executive Order 14351, which authorized the creation of the Gold Card program, claiming that he was “prioritizing the admission of aliens who will affirmatively benefit the Nation, including successful entrepreneurs, investors, and businessmen and women.”
There are obvious questions about the legality of this pay-for-play spectacle and the decision-making process for who qualifies. Potential immigrants make their million-dollar payments, which are referred to as a “gift.” The Executive Order says that suffices as evidence of “exceptional business ability” and “national benefit,” which is sufficient for the person paying the money, regardless of where they got it from, to receive a waiver that permits entry under the statute titled “Allocation of immigrant visas.”
A group of 20 state Attorneys General filed a lawsuit last week challenging the program.
California and Massachusetts are the lead plaintiffs in the case, which alleges that the plan violates the Administrative Procedure Act and the separation of powers and asks the court to enter a ruling that the policy is unlawful and that no action can be taken under Trump’s Executive Order and the Proclamation seeking to implement it. The plaintiffs are also asking the court to enter an injunction that would prohibit the federal government from moving forward with the plan.
It’s going to be another interesting week.
Thanks for being here with me at Civil Discourse and staying informed about what’s happening to our democracy. If you value access to the information and analysis you receive here, I hope you’ll consider getting a paid subscription if you don’t already have one.
The Department of Homeland Security recently signed a contract worth nearly $140 million to purchase six Boeing 737 planes for deportations — a move that will allow the agency to operate its own fleet after receiving a massive funding increase from Congress.
The Department of Justice (DOJ) will potentially treat opponents of President Donald Trump’s policies as “domestic terrorists,” according to a leaked memo from Attorney General Pam Bondi to all U.S. law enforcement agencies.
AP Photo/Jerome Delay
Civilians risked their lives to cross Sarajevo’s main boulevard during the Bosnian warCHRISTOPHE SIMON/AFP
MICHAEL EVSTAFIEV/AFP
Scottie's Playtime 