We’re still in the end-of-term desk clearing zone at the Supreme Court. SCOTUS released a whopping six decisions today.
Decisions released:
FDA v. R.J. Reynolds Vapor Co.
Justice Barrett lead the 7-2 decision.
See: https://www.supremecourt.gov/opinions/24pdf/23-1187_olp1.pdf
Esteras v. United States
Justice Barrett also lead this 7-2 decision with Justice Alito and Gorsuch dissenting.
See: https://www.supremecourt.gov/opinions/24pdf/23-7483_6k4c.pdf
GORSUCH, J., delivered the opinion of the Court with respect to Parts I and II, in which ROBERTS, C. J., and THOMAS, ALITO, KAGAN, KAVANAUGH, and BARRETT, JJ., joined, and an opinion with respect to Part III, in which ALITO, SOTOMAYOR, and KAGAN, JJ., joined. THOMAS, J., filed an opinion concurring in part and concurring in the judgment, in which BARRETT, J., joined. SOTOMAYOR, J., filed an opinion concurring in part and dissenting in part. JACKSON, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined as to Parts III and IV, except for n. 12.
See: https://www.supremecourt.gov/opinions/24pdf/23-997_6579.pdf — you might want to read this one closely as it pertains to disability rights and nearly all of us at some point in our lives has been employed and been/will be disabled.
Of these six decisions I note that Justice Kagan wrote one dissent joined by Justices Sotomayor and Jackson in the matter of McLaughlin Chiropractic. She’s otherwise joined the conservatives. Hmm.
In my opinion, the big decision we are waiting for with the end of the term is Trump v. CASA Inc. regarding nationwide injunctions blocking executive orders, in this particular case related to birthright citizenship.
That this decision has not already been released disturbs me; it feels like Roberts is holding it off until SCOTUS can make a clean getaway at the very end of the term next week. But is Roberts preparing to flee the wrath of Trump and his Wormtongue Miller, or the wrath of the people?
National Park Visitors Are Not Impressed With Trump’s Revisionism
“Honest History Matters!” Protesters lining up
Donald Trump’s EO entitled “Restoring Truth and Sanity to American History” was issued on March 27th, taking aim at the Smithsonian Institution and the National Park Service for daring to try to tell the whole story of American History, and not just the parts that validate the White America version that Trump believes.
Section 1. Purpose and Policy. Over the past decade, Americans have witnessed a concerted and widespread effort to rewrite our Nation’s history, replacing objective facts with a distorted narrative driven by ideology rather than truth. This revisionist movement seeks to undermine the remarkable achievements of the United States by casting its founding principles and historical milestones in a negative light. Under this historical revision, our Nation’s unparalleled legacy of advancing liberty, individual rights, and human happiness is reconstructed as inherently racist, sexist, oppressive, or otherwise irredeemably flawed.
Fast forward a couple of months, and we can see how the Department of the Interior is looking to implement Trump’s EO. From NPR, June 9, 2025:
The Department of the Interior is requiring the National Park Service (NPS) to post signage at all sites across the country by June 13, asking visitors to offer feedback on any information that they feel portrays American history and landscapes in a negative light.
The June 9 memo sent to regional directors by National Park Service comptroller Jessica Bowron and leaked to NPR states the instructions come in response to President Trump’s March “Restoring Truth and Sanity to American History” executive order and Interior Secretary Doug Burgum’s follow-up order last month requesting its implementation. Trump’s original order included a clause ordering Burgum to remove content from sites that “inappropriately disparages Americans past or living and instead focuses on the greatness of the achievements and progress of the American people.”
I can just see Burgum rubbing his hands together with glee. “MAGA’s gonna love this. It’s DIY DOGE-ing the liberals while they visit the parks!” Similarly, I can hear Stephen Miller’s reply of “Excellent” in his best Mr. Burns voice.
Well fellas, you asked, and National Park visitors answered. Spoiler alert: Burgum and Miller will not be happy. From Government Executive yesterday:
In the responses submitted by visitors to National Park Service sites, however, which were obtained by Government Executive, no single submission pointed to any such examples [of inappropriate signage and language]. Instead, in the nearly 200 submissions NPS received in the first days since the solicitations were posted, visitors implored the administration not to erase U.S. history and praised agency staff for improving their experiences.
[snip]
So far, NPS is not getting the help it was hoping for from those scanning the QR codes now posted around park sites soliciting assistance in identifying language in violation of Trump and Burgum’s orders. Instead, visitors accused the Trump administration of seeking to erase the nation’s history.
What? Unpossible! What did those pesky park visitors say? GovExec goes on:
“There shouldn’t be signs about history that whitewash and erase the centuries of discrimination against the people who have cared for this land for generations,” a visitor to Indian Dunes National Park said.
A visitor to Independence Hall in Philadelphia called the new signs “censorship dressed up as customer service.”
“What upset me the most about the museum—more than anything in the actual exhibits—were the signs telling people to report anything they thought was negative about Americans,” the visitor said. “That isn’t just frustrating, it’s outrageous. It felt like an open invitation to police and attack historians for simply doing their jobs: telling the truth.”
Several visitors to the Stonewall National Monument in New York lamented changes there the park’s website that removed mention of transgender individuals in the Stonewall Uprising.
“Put them back,” the visitor said. “Honor them. There would be no Stonewall without trans people.”
More truth-telling at the link.
Some protesters wave signs as they march in the streets. Others scan QR codes and write comments.
These aren’t comments on lefty websites. These are official public comments to government requests for input from the public – input some poor soul has to read and summarize for Burgum and Miller. Can you picture the cold sweat breaking out on that civil servant’s brow, realizing he or she might be facing their own firing as the bearer of bad news? Sure you can.
Meanwhile, lots of folks are planning their next visit to a national park. By all means, go check them out, and don’t forget to click that QR code. Especially if you visit the Stonewall National Monument.
Last weekend, it was millions of loud voices shouting “No Kings!” This weekend, let it be millions of quiet thumbs and fingers tapping their phones.
Let the Good Trouble Making go on!
Gavin Newsom’s Troll Wars as a Check against “Usurpation or Wanton Tyranny”
The Ninth Circuit — a panel of two Trump judges, Mark Bennett and Eric Miller, and one Biden one, Jennifer Sung — has unanimously overturned Judge Charles Breyer’s order enjoining Trump from using the National Guard to protect Federal personnel and property from anti-ICE protests. The decision affirms the court’s jurisdiction to review Trump’s decision (and holds out the possibility that things may change — for example, in how Trump is using the military or the urgency with which California needs its firefighting Guardsmen — that could change the outcome). But for now, Trump continues his invasion of California with the blessing of the Circuit Court.
The judges had all, including Sung, telegraphed at the hearing earlier this week that they would do so . Moreover, the decision itself is unsurprising; a number of legal commentators warned that Governor Newsom was likely to lose this case.
That’s partly because of an 1827 case, Martin v. Mott, that said even if the President abused such decision, the remedy was political. Here’s how the Ninth invoked it for to hold that it must give Trump deference on this decision.
[W]e are not writing on a blank slate. The history of Congress’s statutory delegations of its calling forth power, and a line of cases beginning with Martin v. Mott, 25 U.S. (12 Wheat.) 19 (1827), interpreting those delegations,strongly suggest that our review of the President’s determinations in this context is especially deferential.
[snip]
The Court further explained that although the power delegated to the President under the Milita Act is “susceptible of abuse,” the “remedy for this” is political: “in addition to the high qualities which the Executive must be presumed to possess, of public virtue, and honest devotion to the public interests,” it is “the frequency of elections, and the watchfulness of the representatives of the nation” that “carry with them all the checks which can be useful to guard against usurpation or wanton tyranny.”
Jack Goldsmith has been pointing to the import of that passage all week.
This won’t be the end of things. In its assessment of the harm, the court noted that violations of the Posse Comitatus Act were not before it (the state is now arguing it in their motion for a preliminary injunction), nor was an emergency (like a wildfire) for which California could claim it had immediate need of the Guardsmen. Having affirmed its authority to rule, Newsom might fare better at such a time. And in any case the state has added a slew of new facts below in its motion for a preliminary injunction.
But in the meantime, we would do well to take that lesson from Martin to heart: Politics remains a remedy. Not just a remedy, a necessary part of winning on this issue and on defeating fascism more generally.
And, increasingly, it’s a winning issue. Polls show — even a Fox News poll that has Trump screaming — that Trump is losing the battle to make this dragnet popular.
Certainly Newsom has been focused on that.
There’s been so much else going on, I’ve seen no focused commentary on the media campaign Newsom has been pursuing, even as he attempted to block the invasion in courts. Newsom has been conducting the kind of media campaign that the most realistic assessments of last year’s election loss say Democrats need to learn to do (admittedly, Newsom already took steps in this direction when he started a podcast).
Newsom’s prime time speech last week — widely applauded by those whining about so much else — has drawn a lot of attention.
Newsom repeated much of that same content in a column published at Fox, taking his argument to Trump’s base.
Over the past two weeks, federal agents conducted large-scale workplace raids around Southern California. They jumped out of unmarked vans, indiscriminately grabbing people off the street, chasing people in agricultural fields. A woman, 9 months pregnant, was arrested in LA; she had to be hospitalized after being released. A family with three children, including a three-year-old, was held for two days in an office basement without sufficient food or water.
Several people taken in the raids were deported the same day they were arrested, raising serious due process concerns. U.S. citizens have been harassed and detained. And we know that ICE is increasingly detaining thousands of people with no other criminal charges or convictions: Those arrested with no other criminal charges or convictions rose from about 860 in January to 7,800 this month – a more than 800% increase. Meanwhile, those arrested and detained with criminal charges or convictions rose at the much lower rate of 91%. Trump is lying about focusing on “the worst of the worst.”
While California is no stranger to immigration enforcement, what we’re seeing is a dangerous ploy for headlines by an administration that believes in cruelty and intimidation. Instead of focusing on undocumented immigrants with serious criminal records and border security – a strategy both parties have long supported – the Trump administration is pushing mass deportations, targeting hardworking immigrant families, regardless of their roots or risk, in order to meet quotas.
He started a Substack the other day, describing it as an effort to “flood the zone and continue to cut through the right wing disinformation machine.”
He has done interviews with (best as I can tall, all male) influencers in his emergency response room over and over.
But the response by which I’ve been most fascinated is his trolling on Xitter — the import of which I discussed with LOLGOP earlier this week.
Between his personal account and a press account, Newsom has been supplementing more serious messaging with both important political points and trolling.
The former focuses on the stature of California’s economy, the role migrants play in it, and the likely risk of Trump stealing California’s full-time Guard firefighters. In the likely event something will go catastrophically wrong — whether via economic collapse or natural disaster — thanks to Trump’s jihad against migrants, Newsom has made the case that Trump is responsible, in advance.
Some of that includes building pressure against Republicans applauding Trump’s invasion.
The trolling mocks Trump’s aides, including Kristi Noem, Pete Hegeseth, Steven Cheung, and Karoline Leavitt, as when he contrasted how the Guard were left without a place to stay when while Whiskey Pete boasted about going to a ballgame.
But Newsom has focused his closest attention Stephen Miller.
Newsom has been mocking Stephen Miller’s total control over the Administration.
That builds on a number of personal spats with Miller directly, as when Newsom raised Trump’s pardon of Jan6ers to debunk claims anyone but him supports insurrectionists.
And when he called out how Miller is undermining efforts to disrupt fentanyl trafficking.
The personal focus on Miller extends to Newsom’s Press Office account, which has been calling out Miller’s bullshit.
Correcting Miller on the legal posture of sanctuary cities.
Pushing back on Miller’s complaints about Sanctuary cities.
As I discussed with LOLGOP, this trolling is structured in a productive way. Not only does it play on Trump’s own weakness (in recent days, rebranding Trump’s MAGA with that weakness), but it sets Miller up as the easy fall guy when shit starts hitting the fan. It does a lot of fact-checking, but frames this battle as much about ego and dick-wagging — the currency of the far right — as rational persuasion.
Stephen Miller’s gulag is not even backed by everyone in the Trump Administration. And that’s before the full effects of it — in higher housing costs, empty produce sections, and restaurant closures — are being felt. And Newsom has been making this about him, an easy target in the same way Musk is.
There are two ways to get the Guard restored to California: A legal win. Or making it a big enough political liability that Trump relents. Newsom is actually pursuing both.
There are problems with Newsom’s efforts. As mentioned, his outreach has been a veritable sausage fest, with a focus almost exclusively on outreach to male influencers. Sure. Trump won with the young male vote and young men are the ones pushing the disinformation. But there has to be a role for outreach to women.
I really wish Newsom had picked some other platform than Substack, which platforms Nazis.
And obviously, Newsom needs to replicate some of this on Bluesky, which Newsom has ignored since he got a personal account; his official account is staid. Newsom just got a Bluesky Press account, which replicates some of the trolling from Xitter, but thus far the trolling of Miller — which would be most important to go viral — has not shown up there.
But everyone needs to approach these battles using all three tools we have: legal, legislative, and political.
You don’t have to like Newsom to recognize that this trolling attempts the kind of messaging Democrats need to do more of. Indeed, his dickish personality and the long-standing bad blood with Trump may make this more effective.
The Golden Teapot Dome: Mark Kelly Warns “This Is a Very Hard Physics Problem”
Elon Musk’s SpaceX had an even more spectacular failure than his last spectacular failure last night.
Whoa!! Not only did his latest Starship blow up, but fuel tanks nearby caught fire as well.
I was already going to point to this exchange from yesterday, in which astronaut and Senator Mark Kelly quizzed Whiskey Pete Hegeseth about plans for a Golden Dome. But Elon’s continued spectacular failures raise the stakes of it, because SpaceX and Elon’s other fascist buddies are poised to win a lot of the contract to build a Golden Dome.
Elon can’t do what he’s already being paid to do. But Republicans are poised to provide billions more, probably to him, to take on a far more complex problem.
And Mark Kelly, a guy who (even Whiskey Pete recognizes) would know, seems to suspect that Hegseth just fired the people who would tell him that this boondoggle is physically impossible to pull off.
The exchange starts with Senator Kelly trying to understand the goals of Golden Dome. He then tries to get Whiskey Pete to understand the difficulty of the physics behind it.
Kelly: Thank you, Mr. Chairman. Mr. Secretary, I want to talk about the proposed Golden Dome missile defense system. There’s a request to spend $25 billion in this year alone. First of all, is this system designed to intercept a full salvo attack?
Hegseth: Senator, it’s a multi-layer system, that would include different types of salvos–
Kelly: So it’s not just rogue nation. Okay.
Hegseth: Yeah, it’s not meant to be just one nation. It could be utilized —
Kelly: Against Russia, China. Full salvo. So what kind of reliability are you aiming to build into this system? Are we looking for something like four-9s on intercept success?
[Hegseth pauses.]
Kelly explains: 99.99% reliability.
[Hegseth makes hand gesture, seemingly assuring Kelly he’s not that dumb.]
Hegseth: Obviously you seek the highest possible. You begin with what you have in integrating those C-2 networks and sensors. Building up capabilities that are existing with a eye toward future capabilities that can come online as quickly as possible. Not just ground-based but space-based.
Kelly: So against future capability too. So do you believe that we can build a system that can intercept all incoming threats? Do you think we could build that system? This is a very hard physics problem.
Hegseth: You are [points emphatically] You would know as well as anybody, Sir, how difficult this problem is and that’s why we put our best people on it. We think the American people deserve it.
Kelly: So let me tell you what I think we’re facing here.
[Hegseth continues to babble.]
Kelly: You’re talking about hundreds of ICBMs running simultaneously, varying trajectories, MIRVs, so multiple re-entry vehicles. Thousands of decoys. Hypersonic glide vehicles, all at once. And considering what the future threat might be, might even be more complicated than that. And you’re proposing spending not just $25 billion, but upwards of — I think CBO estimated this at at least half a trillion. Other estimates, a trillion dollars. I am all for having a system that would work. I am not sure that the physics can get there on this. It’s incredibly complicated.
This video explains some of the difficulties. [Link fixed.]
Then Senator Kelly shifts to concerns about whether the impossibility of the Golden Dome project was behind Whiskey Pete’s recent decision to eliminate most of the Office of the Director of Operational Test and Evaluation, the office that validates weapons and platforms for DOD.
Kelly: So I want to get to another issue that is — that you’re facing here. How much of the staff of the Office of the Director of Operational Test and Evaluation did you cut?
Hegesth: After collaboration, Sir, with the Service — Department of Joint Staff and others, we identified that as a place where there were redundancies and multiple additional layers —
Kelly: I’ll tell you what you cut. You cut 74%
Hegseth: Most of it.
Kelly: Most of it.
Kelly: And was your decision to cut more than half of the Pentagon’s testing and evaluation oval office staff driven in part by concerns about the Office’s plan to oversee testing of Golden Dome?
Hegseth: Uh, the concerns were not specific to Golden Dome, Sir. It was years and years of delays, unnecessarily, based on redundancies in the decision-making process that the Services, COCOMs, and the Joint Staff, together with OSD, identified a logjam that was not–
So Kelly sums up the problem. Trump is demanding $25 billion to pay off the guy who got him elected, and as he’s doing that, Hegseth fired the people who can test whether the whole boondoggle would work.
Kelly: Mr. Secretary, to get the reliability we would need, you need something that’s at four-9s, 99. 99% reliability, with all these challenges. And you cut the staff of the people who are going to make sure this thing works before we make it operational, before we give it to the war fighters. You got to go back and take look at this but I also strongly encourage you to put together some — before we spend $25 billion or $175 billion or $563 billion or a trillion dollars, put together a group of people to figure out if the physics will work. You could go down a road here and spend hundreds and hundreds of billions of dollars with the taxpayer money, get to the end and we have a system that is not functional. That very well could happen. And you’re doing this just because the President — I understand your role is the Secretary of Defense. You got to execute what the president says. But this idea, you know, might not be fully baked. And you could get in front of it now and figure out and, and find out if you put the right physicist on this and I’m not saying go to the big defense contractors. Going to scientists and I know there’s a questionable relationship with this administration and scientists but go to some scientist. Figure out what we would have to do to build a system. And then make smart decisions before we spend hundreds and hundreds of billions of dollars.
Hegseth: Senator, we are doing that. Leveraging existing technologies and not premising the project on aspirational technologies, what we can actually do.
Kelly: Well, $25 billion in the first year is a lot of money. That’s more than just finding out if we have the ability if we can build a system that can handle a full salvo threat, hypersonic glide vehicles, MIRVs, thousands of decoys. Thank you.
There’s some important background here.
A constant theme between the four appropriations hearings Whiskey Pete survived in the last week is the way Trump has bifurcated DOD’s budget next year.
Much of it is in the budget itself — the budget that Whiskey Pete has not yet filled out and is weeks behind deadline on.
But this part of it — the Golden Dome that spends $25 billion with Elon’s company on a physics problem that Senator Kelly says is very difficult to solve — is in reconciliation, the bill that needs only Republicans to pass.
The same bill in which Republicans will raise the debt ceiling by five trillion dollars.
Donald Trump is trying to push a $25 billion slush fund to his fascist tech bro backers on a promise that Mark Kelly thinks won’t work.
And yesterday, Elon just reminded us of how those billions could go — are likely to go — up in flames.
Update: Corrected MIRVs.
Open Thread: SCOTUS Decisions
[NB: check the byline, thanks. /~Rayne]
It’s desk clearing time at the Supreme Court with the end of its annual term looming ahead. SCOTUS will dump a bunch of decisions in a short time frame beginning today.
Decisions released today:
Nuclear Regulatory Commission v. Texas
Justice Brett Kavanaugh has 6-3 decision. See: https://www.supremecourt.gov/opinions/24pdf/23-1300_b97c.pdf
With this decision SCOTUS overturned the Fifth Circuit which had vacated a license granted to a private waste handler that wanted to build a nuclear waste facility in Texas, permitted by the Nuclear Regulatory Commission. This decision is contrary to Texas state law but hinged on challenge by a nonparty.
United States v. Skrmetti, Attorney General and Reporter for Tennessee, et al.
Chief Justice John Roberts has the decision. See: https://www.supremecourt.gov/opinions/24pdf/23-477_2cp3.pdf
This is revolting, allowing Tennessee to continue to undermine bodily autonomy of a small group of persons because they weren’t born into a false binary. The decision upholds the state of Tennessee’s ban on gender-affirming care for transgender minors because of wretched twistiness regarding “sex” versus “gender” identity.
Updates will follow as summaries are completed and additional information becomes available.
Remember when Brad Lander Caught Kristi Noem Stealing $80 Million?
It’s perhaps a timely moment to recall that Brad Lander has tangled with Kristi Noem before.
Back when DOGE and DHS clawed back $80 million awarded to New York City to house migrants, Lander was the guy who called them out — and insisted on suing.
New York City Comptroller and mayoral candidate Brad Lander said the abrupt decision was an illegal diversion by the Elon Musk-led Department of Government Efficiency of money used to house asylum-seekers admitted to the U.S. under President Joe Biden.
“President Trump and his crony Elon Musk illegally executed a revocation of $80 million in congressionally-appropriated FEMA funding from New York City’s bank accounts,” Lander said in a statement. “This highway robbery of our funds directly out of our bank account is a betrayal of everyone who calls New York City home.”
Lander’s statement came after the Trump administration claimed the city had received disaster relief funds to house migrants in luxury hotels. Musk posted that his DOGE “discovered” the funding on Monday, calling it “a gross insubordination to the President’s executive order.”
The funds were administered by FEMA, a subagency of the Department of Homeland Security. A 2024 report from Lander’s office found that the city paid an average rate of $156 a night for hotel rooms booked through an agreement with the Hotel Association of New York City.
The seizure of funds could result in cuts to city services.
“We can’t recover money we already spent on shelter and services for asylum seekers, so it would require cutting $80 million of some other city expenses,” Lander said.
This happened the very week that Eric Adams was cozying up to Tom Homan — which Dale Ho judged was evidence of a quid pro quo.
Lander took a shot at Mayor Eric Adams for not standing up to Trump, saying that “If instead Mayor Adams continues to be President Trump’s pawn, my Office will request to work in partnership with the New York City Law Department to pursue aggressive legal action.”
Adams said Wednesday that he is in talks with the White House about recovering the money, and that he’s requested an emergency meeting with FEMA to resolve the matter. “The Corporation Counsel is already exploring various litigation options,” he added, in a statement on X.
Adams is scheduled to meet Thursday with Trump border czar Tom Homan, who demanded cooperation from the Democrat during a radio interview Tuesday, saying, “Either he comes to the table or we go around him.”
Adams didn’t insist on getting the money back. On the contrary, Trump’s Administration has continued to steal from New York City.
In fact, the day before Kristi Noem’s goons detained Brad Lander on his third visit accompanying migrants, New York’s lawyers amended their complaint about the theft — to update the Acting FEMA Administrator, to capitalize the words, “Money Grab” (to distinguish it from several other newly alleged harms), to describe the further arbitrary attempts to justify stealing the funds, first by terminating the program six weeks after DOGE took the money, then by launching an onerous investigation.
20. Then, with the purported compliance review apparently uncompleted, FEMA announced on April 1, 2025, that it was terminating SSP entirely. FEMA stated that it was terminating the City’s SSP award for the entirely different reason that the grants “no longer effectuate [] the program goals or agency priorities” (quoting 2 C.F.R. § 200.340(a)(2) (2020)). But the regulation FEMA cited does not permit a federal agency to cancel a grant program funded by Congressional appropriation simply because it has changed its mind and now opposes the program.
21. Not only that. While FEMA’s termination letter provides for a closeout process at the end of which FEMA will determine whether any additional SSP grant funds are owed the City, all SSP funds that were awarded the City and that would have remained available to make any such payment were apparently zeroed out on USASpending.gov more than six weeks earlier.
22. Collectively, these events make plain that Defendants determined to overturn the Congressional appropriation, deny the City SSP funds, and re-take any funds they could find a way to lay their hands on.
125, Despite Defendants’ representations — to the District Court in Rhode Island on February 11 and, as set forth more fully below, a week later in the Remedy for Noncompliance Letter — that the SSP funds were merely being “paused” or “temporarily” withheld pending a further review, Defendants had elsewhere already recorded the funds as no longer available at all.
The amended suit also describes that — as Trump did with Harvard — FEMA has also launched an onerous investigation into the city, and asks questions similar to the ones demanded of Harvard.
221. Joseph N. Mazzara, Acting General Counsel for defendant DHS, sent City OMB a letter dated June 4, 2025 announcing a “Notice of Investigation and Demand for Records: Shelter and Services Program Grant Awards” (“Notice of Investigation”). Under the guise of investigating the City’s expenditure of SSP funds, the Notice of Investigation sets forth a series of document demands and “interrogatories” that reach far beyond the scope of anything related to the City’s expenditures of federal SSP funds
[snip]
222. The scope of the demand far exceeds anything related to the administration of SSP. For example, the demand seeks, without apparent limitation or connection to immigrants served under SSP:
“All documents related to Your compliance with 8 U.S.C. g 1324.”
“All documents related to any instructions, guidance, suggestions, or recommendations for aliens to consider” in completing immigration or other government forms or interacting with any federal or state government officials.”
“All documents related to Your cooperation with law enforcement (including immigration officials) concerning aliens whom You have encountered'”
“All documents related to instructions, guidance, or recommendations, made available to aliens, regarding how to interact with law enforcement.”
A list of al “categories of information You have collected about any aliens.”
223. Despite the exceedingly broad scope of the demands, the Notice of Investigation provides just 30 days within which OMB “must produce” the records and information sought.
Admittedly, the lawyers are the ones now driving this fight, not Lander.
But the fight is about money Lander caught Kristi Noem stealing.
Lander’s detention thus bears a third similarity with that of Ras Baraka: both men had sued DHS, both arrests constituted — per Emil Bove’s representations to Dale Ho — election interference, and in both cases, Noem’s goons premeditated the arrest.
This is beginning to look like a pattern.
Why Kristi Noem’s Kidnapping of Brad Lander Failed … Thus Far
In my opinion, three things thwarted Kristi Noem’s attempt to interfere in Brad Lander’s campaign to be NYC’s Mayor by detaining him yesterday:
Independent media
Solidarity
The law
Independent media
I’m increasingly perplexed that when people make lists of prominent Democrats that Noem’s goons have targeted, they leave off David Huerta, the CA SEIU President arrested on a public sidewalk in front of a garment factory where ICE was conducting a search.
I increasingly think the omission may stem from the dearth of video coverage of his arrest — which basically consisted of two ICE guys picking him up and then pushing him down, leading to him knocking his head on the curb (for which he got hospital treatment).
Brad Lander’s detention, by contrast, was quickly covered by independent media present or close by.
I first learned about the detention when The City’s Gwynne Hogan reported it (and posted a shorter version of the above video) in real time. Here’s their story on the detention.
Hell Gate provided updates, including about the protest outside and Lander’s past visits to the courthouse to accompany migrants to court hearings.
AMNY’s Dean Moses posted this picture, which contrasted the fully masked man conducting the arrest with the violence the ICE goons were using in their detention of Lander.
Mainstream media (with exceptions like Wired) may not save us. But the diligence of independent outlets could.
NYT has the ability to sustain all that independent journalism. But if you can — especially if you live in New York — you might consider supporting them (recall that The City did a lot of the reporting on Eric Adams’ corruption before bigger outlets picked up the story).
That reporting allowed a group (including Zohran Mamdani and four other Mayoral candidates) to peacefully assemble in front of the courthouse. Eventually, even Kathy Hochul came to the courthouse and accompanied Lander as he was released, calling his arrest “bullshit.”
Hochul announced she’ll provide some state funding for the migrants who’re being targeted as they attend court hearings, the problem that Lander was trying to address.
Lander, after he was released, emphasized that he gets to go home but the man he attempted to accompany today, a man named Edgardo, was in ICE detention.
One important point of all this is the underlying solidarity. This was not Lander’s first visit accompanying people; among the folks respond to his detention were one who had been inspired by his actions to engage as well, and another who had provided an Arabic translator some weeks ago. Contrary to what silly pundits have started to argue, the point is not to get arrested. The point is to create friction for Stephen Miller’s dragnet. The point is to bring visibility and opposition to inhumane treatment.
It’s not only the courtroom treatment of defendants that’s egregious. So are the living conditions at 26 Federal Plaza. In an interview with the Prospect, Daniel Coates, director of public affairs at Make the Road New York, said that ICE is using the building to hold people for multiple days before transferring them elsewhere, packing them in so tightly that some have no room to sleep except for on the bathroom floor. The rooms are hot because the air-conditioning is inadequate, detainees have “no opportunities to get a change of clothes or clean themselves,” have no access to medical treatment, and cannot maintain their dietary restrictions, said Coates, who spoke at the press conference held after Lander’s detention.
“The space is exploding,” Coates said, “and it’s sort of a black hole there because ICE is refusing entry to members of Congress,” who are supposed to be allowed to oversee such buildings. It’s an open question of “what actually 26 Federal Plaza is being used for,” he said.
The point is not the arrest. The point is to expand solidarity.
The law
I think there were a number of reasons SDNY couldn’t charge Lander, at least not yet:
According to one of the journalists there, one of the ICE goons said to another before Lander did anything “do you want to arrest the Comptroller?” Like the Ras Baraka arrest, it was premeditated and had little to do with his own actions.
Because media was there, because Moses took that really damning photo, it ensured that there was plenty of footage that would make it viable to rebut a prosecutor’s hypothetical claim that Lander was resisting or (even more outlandish) assaulting them. It’s true that cops can convict on 18 USC 111 charges where someone wrestles with the cop, but here Lander would have a viable argument that this was all about assaulting him.
At one point, Lander asked for one of the ICE officers’ badge number but didn’t get it, and both the goons who arrested him were in plain clothes and one was entirely masked. He repeatedly asked to see a judicial warrant (only an administrative warrant is required); but the ICE officer merely waved a paper at him. To sustain an 18 USC 111 case, the government would have to show that these were officers conducting their duty, both they refused to prove that to Lander before they detained him.
While Lander did get the law wrong on at least one count (that ICE couldn’t arrest US citizens at all), the law does say that they can only arrest without a warrant in case of a flight risk. There is not a chance in hell that NYC’s current Comptroller and aspiring Mayor would flee, so he could make a good case that the arrest itself was illegal.
The problem I laid out yesterday; Emil Bove already told an SDNY judge that Eric Adams merely being prosecuted was election interference. Lander was going to have a very good case that DHS was attempting to help Adams and hurt Lander.
But for both the last two reasons, this may not be over. The NYT quoted a SDNY spox suggesting the government could still charge this, perhaps after the Mayoral race.
A spokesman for the Manhattan U.S. attorney’s office said in a statement that the office was investigating Mr. Lander’s actions, but said nothing about criminal charges. The spokesman, Nicholas Biase, noted that federal law prohibited assaults on law enforcement and other public officials and obstruction of official proceedings.
That doesn’t mean those charges would succeed. It means they might try to avoid the obvious hypocrisy of dismissing charges against one NYC mayoral candidate by waiting to charge another.
Update: I asked SDNY if they had opened an election interference investigation into the people who arrested Lander. Spox Nicholas Biase declined to comment.
Kristi Noem’s Goons Engage in what Emil Bove Calls Election Interference
Update: Lander has been released. He lost a button. The charges were dropped.
Further update: The key to Lander’s release was the superb, immediate reporting from The City and Hell Gate. If you are so inclined, please consider a donation.
According to a reporter from The City, Federal agents just detained NYC Comptroller Brad Lander as he accompanied someone from an immigration hearing.
This comes after early voting in the Mayoral primary has already started.
Just as importantly, it comes four months after DOJ dismissed a years-long investigation into Eric Adams for alleged foreign influence peddling because of this very primary.
Back in February, the government provided two bases to excuse their bid to dismiss the prosecution against Adams: because being subjected to the prosecution amounted to election interference, and also interfered with his ability to carry out his duties as Mayor.
5. In connection with that determination and directive, the Acting Deputy Attorney General concluded that dismissal is necessary because of appearances of impropriety and risks of interference with the 2025 elections in New York City, which implicate Executive Order 14147, 90 Fed. Reg. 8235. The Acting Deputy Attorney General reached that conclusion based on, among other things, review of a website2 maintained by a former U.S. Attorney for the Southern District of New York and an op-ed published by that former U.S. Attorney.3
6. In connection with that determination and directive, the Acting Deputy Attorney General also concluded that continuing these proceedings would interfere with the defendant’s ability to govern in New York City, which poses unacceptable threats to public safety, national security, and related federal immigration initiatives and policies. See, e.g., Executive Order 14159, 90 Fed. Reg. 8443; Executive Order 14165, 90 Fed. Reg. 8467. The Acting Deputy Attorney General reached that conclusion after learning, among other things, that as a result of these proceedings, Adams has been denied access to sensitive information that the Acting Deputy Attorney General believes is necessary for Adams to govern and to help protect the City.
Judge Dale Ho repeatedly asked Emil Bove about his claim that the long-standing prosecution against Eric Adams constituted election interference (as well as about the claim it interfered with his ability to carry out his duties).
THE COURT: OK. There is also a reference, I think, in the paragraph to interference with the 2025 mayoral election. I have a similar question here, and it’s whether or not that’s a representation about the purpose or the effect of the prosecution or both?
MR. BOVE: I mean, frankly, I think the fact that Mayor Adams is sitting to my left right now is part of the problem. He’s not able to be out running the City and campaigning. I think that is actual interference with the election.
THE COURT: It’s having that effect.
MR. BOVE: Correct. I think the pendency of this motion right now has that effect.
THE COURT: OK.
[snip]
THE COURT: My understanding of that rationale is that it arises from a defendant’s status as a candidate. That it’s because, at least that portion about election interference, I mean, it’s because the defendant in this case is a candidate for office, not because he’s a public official. So, in other words, that rationale could apply to a candidate who’s not a public official?
MR. BOVE: Correct.
THE COURT: And it wouldn’t apply to a public official who’s not a candidate, so an unelected public official or a retiring public official or retired public official wouldn’t apply, the election interference component of what you’re applying to?
MR. BOVE: It applies to candidates. [my emphasis]
“I think that is actual interference with the election,” a (still) top-ranking DOJ official told a Federal judge about a prosecution of one of the candidates in the NYC primary for Mayor.
And then, four months later, Federal agents detained one of his opponents, after the election had already started (to say nothing of interfering with his ability to govern).
By Emil Bove’s standards, Kristi Noem’s goons just violated the law.
Trump’s Blank Page
Great fun has been had, not least by me, with Trump’s joint press conference with Keir Starmer yesterday.
It started with Trump boasting that he and “the great Prime Minister of the UK” had signed “a document.”
He opened a folder to show a piece of paper with his Sharpie signature. But he fumbled it. Several other papers fell out of the folder. Starmer bent down to shuffle up the papers together, looking like Trump’s attendant. Trump blamed the wind. Starmer joked that it was a “very important document.” Starmer laughed nervously as the two tried to reassemble the prop. The British Prime Minister bent his head, perhaps understanding the optics of what just happened.
And so we have our trade agreement with the European Union. [Starmer’s awkward smile melted.] And it’s a fair deal for both. Gonna produce a lot of jobs, a lot of income. And we have a lot of, many many other ones coming.
“But you see the level of enthusiasm is very good,” the President claimed in a deadpan.
The video went viral because of the old man’s gaffe. The EU is not the UK. The UK is not the EU. Trump makes intentional taunts (like continuing to call various Canadian leaders “Governor”). But this looked like a real mistake, perhaps elicited by the fluttering paper mishap.
The President of the United States can’t keep the UK and the trade union it abandoned, as part of the same political wave that elected Donald the first time, straight.
The presser — staged before Trump jumped on a plane to either escape the G7 or rush to kibbitz the assassination of Ayatollah Khameni, amid Chinese warnings about escalation — ended with a question about the significance of the purported deal with the UK, whether the UK is protected from tariffs.
The UK is very well protected. You know why? Because I like ’em. That’s why.
Then Trump babbled about what a great job Starmer has done.
He wandered off, promising — as his Administration has done for two months — that he had more deals in the works.
A lot of them. A lot of them.
It was all great theater — or would have been, had the President not fumbled his props and his lines. But as Justin Wolfers noted, that document was a prop. The paper was blank, save that Sharpie signature. So, it appears, were all the other papers. [Update: No, the papers were not blank, just overexposed.]
To be sure, in an Executive Order released by the White House, Trump did, in fact, implement the deal. But that implementation was, in every way, an exercise of Trump’s fragile unilateral authority. At least by appearance, Starmer got no piece of paper guaranteeing the deal. The EO actually defers the adoption of the favorable import rates for British steel and aluminum. And Trump based his authority to implement the deal on the same IEEPA powers that the Court of International Trade has thrown out (currently on appeal to the Federal Circuit Court of Appeals).
Blank page. Flubbed lines. Fumbled prop. Repeated assurances of deals that never come. All Starmer has to hold onto is Trump’s proclamation that the UK is “very well protected … because I like ’em,” a personalist assurance perhaps valid only so long as Starmer will pick up Trump’s papers for him.
The entire press conference was a testament to the way in which the aging reality star has become little but.
It came amid one of the biggest flip flops in an Administration defined by such.
On Wednesday — as described by a NYT ticktock of the flip flop — Ag Secretary Brooke Rollins warned Trump, again, that Stephen Miller’s deportation gulag was posing great risk to (Trump-supporting) farmers. On Thursday, Trump posted the incoherent rant that conceded that, “Our great Farmers and people in the Hotel and Leisure business,” were finding it “almost impossible to replace” the migrants who had long done the job, even while suggesting, “the Criminals allowed into our Country by the VERY Stupid Biden Open Borders Policy” — by which Trump means, other migrants — “are applying for those jobs.” We have to protect job security for migrants from other migrants, the rant affirmed.
“[T]op White House officials were caught off guard,” NYT reports, but doesn’t mention Stephen Miller until the next sentence. “Many of Mr. Trump’s top aides, particularly Stephen Miller, his deputy chief of staff, have urged a hard-line approach.”
Brooke Rollins managed to bypass Miller (as Scott Bessent bypassed Peter Navarro and Elon Musk at various times, to get his way). And overnight the policy changed. No more arrests of “noncriminal collaterals” in work site enforcement operations.
The guidance was sent on Thursday in an email by a senior ICE official, Tatum King, to regional leaders of the ICE department that generally carries out criminal investigations, including work site operations, known as Homeland Security Investigations.
“Effective today, please hold on all work site enforcement investigations/operations on agriculture (including aquaculture and meat packing plants), restaurants and operating hotels,” he wrote in the message.
The email explained that investigations involving “human trafficking, money laundering, drug smuggling into these industries are OK.” But it said — crucially — that agents were not to make arrests of “noncriminal collaterals,” a reference to people who are undocumented but who are not known to have committed any crime.
It didn’t last.
A botched birthday parade and presumably some quality time with his consigliere later, Trump was promising invasions of Chicago and New York, specifically because (Trump continues to make lawsuits easier than they otherwise could be),
These, and other such Cities, are the core of the Democrat Power Center, where they use Illegal Aliens to expand their Voter Base, cheat in Elections, and grow the Welfare State,
NYT got the scoop confirming the first change in policy; WaPo got the scoop reporting the flip flop.
Officials from Immigration and Customs Enforcement, including its Homeland Security Investigations division, told agency leaders in a call Monday that agents must continue conducting immigration raids at agricultural businesses, hotels and restaurants, according to two people familiar with the call. The new instructions were shared in an 11 a.m. call to representatives from 30 field offices across the country.
ICE and HSI field office supervisors began learning about a likely reversal of the exemption policy Sunday after hearing from DHS leadership that the White House did not support it, according to one person with knowledge of the reversal.
Again, WaPo uses a kind of euphemism to convey that when it says, “the White House did not support it,” it means, “Stephen Miller did not.”
Miller, an architect of much of Trump’s aggressive immigration policy, had privately opposed carving out exceptions for certain industries that rely heavily on workers without legal status, according to two people with knowledge of his advocacy in recent days against the measure.
Increasingly, it appears that Miller issues the decisions (or countermands the others), all while handing Trump pieces of paper and a Sharpie to make him feel — and, if he doesn’t fumble his papers or his lines — powerful, and give Miller’s assumption of presidential powers the patina of legitimacy. Trump, the reality TV star, is just there for the press conferences.
The most fervid claims of a Joe Biden autopen scandal pale in comparison.
Trump’s deportation flip flop comes as Wired reported rising numbers of SEC filings describing the business risk from the deportations and WSJ described how Miller’s raids are disrupting businesses; NBC took a closer look at the chaos caused in Omaha during John Ewing’s first week as Mayor when ICE targeted a meat packing plant. Everyone knows this policy is damaging the US but in the face of Miller’s omnipresence and pushback from rabid supporters, Trump is helpless to even selectively protect his buddies.
And it has been simple for foreign leaders to exploit Trump’s increasing feebleness. Before he rushed away from the G-7 yesterday, he served as Vladimir Putin’s propagandist, whining that Russia had been expelled and misrepresenting the reason why. Both before and after that, Trump kept posting away futilely on Truth Social, attempting to look like he had some control — or even influence — over what Bibi Nethanyahu has in store for Iran.
“I gave Iran chance after chance to make a deal,” Trump boasted on Friday, before taking credit for Israel’s strike. “Certain Iranian hardliner’s spoke bravely, but they didn’t know what was about to happen. They are all DEAD now, and it will only get worse!” He went on to claim that Israel was enforcing Trump’s own 60-day deadline (even as the attack preempted Steve Witkoff’s meeting with a now-dead negotiator). “The U.S. had nothing to do with the attack on Iran, tonight,” Trump lied in an attempt to warn Iran off retaliating against the US. Trump would negotiate a deal, he whimpered. Iran should have signed the deal (it did — and then Trump reversed it) Trump repeated as he — insanely — called for a city of 10 million to evacuate. Shut up Tucker Carlson, about my reneging on the promise to avoid World War III! Now he’s redefining America First to encompass whatever it is that Israel has in store. “I have not reached out to Iran for “Peace Talks” in any way, shape, or form. This is just more HIGHLY FABRICATED, FAKE NEWS!” tried to disclaim every pursuing a deal, even while his public statements endorse a give-upping from Iran (which may entail the assassination of Ayatollah Khamenei) not on the table last week. His most recent post shares a text from Christian Nationalist Mike Huckabee, invoking Harry Truman’s decision to nuke Japan, while promising, “I believe you will hear from heaven and that voice is far more important than mine or ANYONE else’s.”
As Trump disavows what Tulsi Gabbard (fresh off releasing a weird propaganda video warning of nuclear annihilation) tells him, he seems to have been persuaded to endorse whatever it is Bibi has planned.
The rest is all an attempt to retcon some appearance of control over what Bibi is doing, an attempt to do so even as his MAGAt base fractures over his participation in this escalating war.
Trump is not alone in being manhandled by Bibi. Joe Biden was equally easy to manipulate — he just made affirmative efforts, with little success, to rein in Bibi’s ambitions. Trump appears to lack even that ability.
And the rest is blank papers waved around to give the illusion of power.
Trump Chose to Hunt Law-Abiding Migrants Rather than Right Wing Terrorists Like Vance Boelter.
It will be some time before we learn whether Vance Boelter, the Trump supporter charged with assassinating Melissa Hortman, could have been stopped if Trump hadn’t dismantled efforts to fight terrorists like Boelter.
But we do know that Trump has done real damage to those efforts.
Start with Kristi Noem’s degradation of the Center for Prevention Programs and Partnerships, an office trying to prevent attacks like the one Boelter carried out. Noem’s DHS put a 22-year old with no experience and a day job hunting migrants, Thomas Fugate, in charge of the office designed to fight radicalization.
[T]he 22-year-old with no apparent national security expertise is now a Department of Homeland Security official overseeing the government’s main hub for terrorism prevention, including an $18 million grant program intended to help communities combat violent extremism.
The White House appointed Fugate, a former Trump campaign worker who interned at the hard-right Heritage Foundation, to a Homeland Security role that was expanded to include the Center for Prevention Programs and Partnerships. Known as CP3, the office has led nationwide efforts to prevent hate-fueled attacks, school shootings and other forms of targeted violence.
[snip]
The once-bustling office of around 80 employees now has fewer than 20, former staffers say. Grant work stops, then restarts. One senior civil servant was reassigned to the Federal Emergency Management Agency via an email that arrived late on a Saturday.
The office’s mission has changed overnight, with a pivot away from focusing on domestic extremism, especially far-right movements. The “terrorism” category that framed the agency’s work for years was abruptly expanded to include drug cartels, part of what DHS staffers call an overarching message that border security is the only mission that matters. Meanwhile, the Trump administration has largely left terrorism prevention to the states.
ProPublica sent DHS a detailed list of questions about Fugate’s position, his lack of national security experience and the future of the department’s prevention work. A senior agency official replied with a statement saying only that Fugate’s CP3 duties were added to his role as an aide in an Immigration & Border Security office.
“Due to his success, he has been temporarily given additional leadership responsibilities in the Center for Prevention Programs and Partnerships office,” the official wrote in an email. “This is a credit to his work ethic and success on the job.”
[snip]
But Homeland Security’s budget proposal to Congress for the next fiscal year suggests a bleaker future. The department recommended eliminating the threat-prevention grant program, explaining that it “does not align with DHS priorities.”
The FBI — another agency that has worked to prevent terrorism , too, has focused on law-abiding migrants instead of right wing terrorists.
As NBC has been tracking, Trump has ordered a significant number of FBI agents to help chase down law-abiding migrants, shifting some away from counterterrorism.
One of the memos says the goal is to have 2,000 FBI agents across the country working full time on immigration enforcement at any one time.
Given that FBI resources are finite, current and former officials say, a significant increase in immigration enforcement will draw agents away from what have long been top FBI priorities, including counterterrorism, counterespionage, fraud and violent crime.
That shift has only intensified as Stephen Miller struggles to find enough migrants to deport to fulfill the false claims about their numbers he dangled during the election.
FBI field offices around the country have been ordered to assign significantly more agents to immigration enforcement, a dramatic shift in federal law enforcement priorities that will likely siphon resources away from counterterrorism, counterintelligence and fraud investigations, multiple current and former bureau officials told NBC News.
The orders, given in a series of memos and meetings in FBI offices this week, come at a time when the Trump administration is proposing to cut 5% of the FBI’s budget, and as the Justice Department is deprioritizing investigations of certain types of white-collar and corporate crime, according to a memo obtained by NBC News.
[snip]
One federal law enforcement official estimated that the vast majority of agents were uncomfortable with being a part of the immigration operations, saying ICE doesn’t meticulously plan out arrest operations the way that the bureau does.
“This is not what we do, these are bad ideas,” the official said, speaking on condition of anonymity citing fear of retaliation. “If this was a Democrat administration, I’d be saying this is bad, we shouldn’t be doing this.”
Even as the manhunt continued for the pro-Trump terrorist, even as Minnesota grieves, Trump posted another Truth Social post adopting the language of Nazis and pitting his ICE goons against “Radical Democrat [sic] Politicians,” stoking yet more violence against them.
Stephen Miller and Donald Trump have made a choice: To hunt law-abiding migrants rather than the Trump supporters gunning down Democrats in their homes.
