Kristi Noem Archives

Posts

“Do something, bitch!”* Kristi Noem Dressed Russia’s Useful Idiot Up to Cosplay CBP

October 7, 2025/26 Comments/in emptywheel /by emptywheel

The White House denies that Kristi Noem told President Trump that she was going to zero out counterterrorism funding for the cops in NYC who protect — among other high profile potential targets — Trump Tower.

That’s where we start this very very long story of stupid things DHS is doing that are awful in real time but, with concerted focus, may backfire. We’re seeing it in NY, we’re seeing it in the Portland and Chicago invasions, and we see the potential result in the Kilmar Abrego case.

Kristi Noem didn’t warn Trump she was stripping security funding from New York City

As New York described it in a lawsuit, on the last day of the fiscal year last week, the state learned that DHS had zeroed out security grant funding for New York City’s MTA from a news article; as of the filing of that suit, DHS had not notified New York it had withdrawn funding.

4. New York learned about the Reallocation Decision not from the government but from an online news story, which reported earlier today that “[t]he federal government will deny the [the Metropolitan Transit Authority (“MTA”)] tens of millions of dollars in requested security grant funding, withholding every dollar the agency asked for because New York City and New York state are ‘sanctuary jurisdictions.’” Dave Cole & David Myer, BIG ZERO: Trump Stiffs MTA in ‘Sanctuary City’ Tantrum, STREETSBLOG NEW YORK CITY (Sept. 30, 2025), https://nyc.streetsblog.org/2025/09/30/trump-admin-zeros-out-mta-security-grant-funding. At this time, MTA has not even received formal notice that their award was cut to nothing.

5. Upon information and belief, New York’s award was changed from the $33,898,500 that FEMA had targeted New York to receive in the Notice of Funding Opportunity (“NOFO”) to $0. As of the filing of this complaint, New York has received no explanation from DHS or FEMA, despite repeated attempts to contact the agency through the Department of Justice. But upon information and belief, New York has been targeted because the administration believes it is a “sanctuary” jurisdiction. FEMA also did not treat all “sanctuary” jurisdictions evenhandedly. Upon information and belief, at the same time as it eliminated New York’s allocation, FEMA made increases to other States’ allocations, including other “sanctuary” jurisdictions.

[snip]

9. Now today, FEMA issued increased TSGP award notifications for other states, and Plaintiffs have discovered the Reallocation Decision through the media. At 1:07 PM today, counsel in Illinois v. FEMA and Illinois v. Noem sent an email communication to the Department of Justice inquiring about the story, asking for New York’s notice of award, and alerting the government that they would file the instant lawsuit and a TRO motion before the end of the federal fiscal year tonight. Counsel followed up that email with a second. At the time of filing, New York has not received a response. The New York Attorney General’s Office was sent (not by Defendants) a power-point presentation that appears to be a genuine document prepared and presented to Congressional staff, which is aligned with the online story. That document, attached as Exhibit 3 to the Affirmation of Rabia Muqaddam, identifies the MTA as the only applicant for TSGP funding that was denied, while other applicants received greater than originally allocated awards. It further states that MTA did not receive their award “because it is based in a Sanctuary Jurisdiction city.” Id. at *25.

In a NYT article providing more details of the funding, Kathy Hochul aptly described this as Republicans defunding the cops.

“A Republican administration literally defunding the police is the height of hypocrisy — and walking away from the fight against terrorism in the No. 1 terrorist target in America is utterly shocking,” Gov. Kathy Hochul of New York said in a statement on Tuesday.

The decision to strip NY of counterterrorism funding directly violated an order issued just days earlier in a lawsuit seeking to enjoin this kind of politicized DHS process.

There’s the legal issue: how DHS continues to double down on politicizing security grants in defiance of court orders, just as the government is trying to defy Karin Immergut’s order enjoining the deployment of the Guard to Portland. A judge in NY’s lawsuit issued a TRO to prevent the cuts, as Immergut did in Oregon; a judge will hold a hearing Thursday in Chicago’s challenge to Trump’s invasion.

But holy hell! In pursuit of politics, Kristi Noem cut counterterrorism funding created in response to 9/11 to the city of New York.

At least according to the White House, no one told the President that DHS was going to strip counterterrorism funding from a city where he owns significant property.

The cuts, which represented the largest federal defunding of police operations in New York in decades, were made by the Department of Homeland Security, without explanation and without the approval of President Trump, White House officials said.

Indeed, President Trump was blindsided by the decision to defund the police, not learning of the cuts until Gov. Kathy Hochul of New York called him on Sunday to protest the change after the fact, according to three people with knowledge of the call.

The other politicized cuts rolled out in recent days, both the cuts to transportation projects cherished by New Jersey commuters and to energy projects focused on swing congressional districts, will be fairly easy to politicize.

But to cut counterterrorism funding for New York City is self-evidently insane by any measure.

And also put Donald Trump’s flagship branded property at risk, which is probably one of the reasons he reversed the decision so quickly.

Trump Federalizes Oregon National Guard based off Fox News propaganda

The claim — however incredible — that Trump had no idea DHS was cutting counterterrorism funding from NYC is important background to the repeated pieces of evidence that Trump deployed the National Guard to Portland because he believes the propaganda he sees on Fox News.

By his own description, Trump did so based on seeing things on television “that are different from what’s happening,” as described by Governor Tina Kotek.

In an NBC News interview on Sunday, Trump himself appeared to question the narrative he used to justify the deployment following a phone call on Saturday with Kotek, who said Trump told her he’d seen videos of fires in the city that may have been from the 2020 protests.

“I spoke to the governor, she was very nice,” Trump said in the interview. “But I said, ‘Well wait a minute, am I watching things on television that are different from what’s happening? My people tell me different.’ They are literally attacking and there are fires all over the place…it looks like terrible.”

As Salon noted, Trump was under a mistaken belief that what he sees on Fox News reflects reality.

“I told him in very plain language there is no insurrection or threat to public safety that necessitates military intervention in Portland or any other city in our state,” Kotek said. “Putting our own military on our streets is an abuse of power…Here’s the deal. “We cannot be looking at footage from 2020 and assume that that is the case today in Portland.”

On Sunday, Oregon and Portland filed a 41-page lawsuit in federal court against Trump’s actions. The suit referenced a recent Fox News report cited by the president that misled viewers by wrongly presenting “outdated protest footage from 2020.” As Oregon’s Democratic Sen. Ron Wyden told reporters on Friday, “If [Trump] watches a TV show in the morning and he see Portland mentioned, he says it’s a terrible place.”

But even after Trump’s announcement, Fox continued to use old footage to paint Portland as a lawless state.

The initial order from Judge Karin Immergut, a Trump appointee, enjoining the deployment focused on how unnecessary the deployment was.

The protests generally were limited to fewer than 30 people and were “largely sedate.” Id. ¶ 25. If the protests were to increase or threaten public safety, PPB could call on additional available resources. Id. ¶ 26. But the protests have been such a minor issue, that the normal nightlife in downtown Portland has required more police resources than the ICE facility. Id.

[snip]

Defendants also express concern about danger in Portland because of incidents that have occurred elsewhere in the country. Id. ¶ 21. Most concerning is the sniper shooting in Dallas, Texas, targeting an ICE van, and the protest that followed in Chicago when a protestor was found with a firearm. Id. ¶¶ 21–22.

[snip]

Defendants’ declarants describe only four incidents of protesters clashing with federal officers in the month of September preceding the federalization order—on September 1st, 9th, 12th, and without further specification, the second week of September. Wamsley Decl., ECF 38 ¶¶ 16, 18; Cantu Decl., ECF 40 ¶ 15. The first involved protesters setting up a makeshift guillotine to intimidate federal officials; the second involved four people shining overpowered flashlights in the eyes of drivers; the third involved someone posting a photograph of an unmarked ICE vehicle online; and the last involved additional drivers having flashlights shone in their eyes. Cantu Decl., ECF 40 ¶ 15; Wamsley Decl., ECF 38 ¶¶ 16–18. These incidents are inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces. They also occurred at least two weeks before President Trump issued his directive.

She compared that to the nonsense Trump put in his Truth Social posts leading up to his declaration.

On September 19, 2025, President Trump explained that the administration was going to “get rid of” the “problems” in cities, including Chicago, Memphis, and Portland. Marshall Decl., ECF 9 ¶ 25. He described that in Portland people were “out of control” and “crazy.” Id. On September 25, 2025, the President again described Portland, exclaiming that “nobody’s ever seen anything like it” with activity happening “every night,” with people that “just burn the place down.” Marshall Decl., ECF 9 ¶ 26. President Trump commented on “professional agitators” in Portland who are “paid a lot of money by rich people,” “anarchists,” and “crazy people” who try to “burn down buildings, including federal buildings,” with Portland having activity “every night . . . for years.” Id. He promised to do a “pretty big number” on the “people in Portland that are doing that.” Id.

The order is best understood as laying out that DOJ was absolutely unable to substantiate the things Trump said in his Truth Social posts that were the ostensible purpose for the deployment. This great Greg Sargent interview with Oregon’s Attorney General, Dan Rayfield, describes how easy it was to prove Trump deployed the Guard based on delusions.

Sargent: Well, to go into the guts of that, by law, Trump can only federalize the National Guard if there’s an invasion by a foreign nation, a rebellion, or if the laws can’t be executed with regular forces. The crucial thing though is that while the president has a fair amount of deference in determining whether those things are happening, you can’t just make it up whole cloth. The judge cited a few examples of violence but said it doesn’t come close to reaching those conditions. Can you talk about the importance of that aspect of the ruling?

Rayfield: Yeah, and I think it’s important for all of us to be grounded. We actually do want a rational president to have deference in being able to determine when there’s an emergency that might necessitate the military, right? You wouldn’t want to second-guess a president—is this an invasion or is this not? You want to give them a ton of deference to react immediately.

What made this very unique is that, right now, it’s not even a close call. You can give all the deference you want to the president, and still—none of those circumstances exist.

And I often joke, the only rebellion going on in Oregon right now is when I try to feed my son a vegetable. So it’s just a very strange dynamic. The president is really just fixated on social media gossip, which is incredibly reckless to rely upon when you’re deploying the United States military.

Sargent: Well, I want to try to get at Trump’s bad faith in all this. The judge cited a tweet from Trump after a period of really minimal activity outside the Portland ICE facility. Trump tweeted that he’s directed the defense secretary to protect, quote, “war-ravaged Portland and any of our ICE facilities under siege from attack by Antifa and other domestic terrorists.”

The judge looked at that and said Trump can’t just make up “facts on the ground”—said Trump was “untethered from the facts.” So, AG, didn’t Trump’s bad faith work against him here?

Rayfield: Unquestionably, right? But that’s what’s so amazing about our court system in the United States. It’s a place where we get to go in and talk about truth. We get to talk about facts. And we have a judge—no matter where they come from in life—who gets to evaluate the circumstances on the ground and make these decisions.

It doesn’t matter what the president says. You can say whatever you want, but you still have to be able to back it up with real facts. And to be able to push back against the president and say, Hey, no, this is unacceptable, is incredibly important.

The man is delirious. DOJ cannot substantiate the reality he is living in.

And yet the far right keeps churning out propaganda in hopes of justifying an invasion. Even as this hearing was going on, right wing provocateur Nick Sortor was whining that he had been arrested outside the ICE facility.

Not only did DHS get him released from Portland custody, but one after another top official decided they were going to investigate Portland for arresting an outside agitator.

Trump even took some time out to encourage the outside agitator.

There are multiple problems with this big rush to defend Sortor. Not only does Sortor have a history of doing this and ties to far right extremists, not only was the conflict caught on video showing him making physical contact first, not only has ICE elsewhere violently assaulted real journalists (meaning Civil Rights Division is selectively intervening), but according to the press release, Federal authorities started arresting people before Portland arrested Sortor.

PPB was monitoring the protest during the evening and observed some protest participants engaging in fights.

At about 8:09 p.m., PPB Dialogue Officers (DLOs) observed two men fighting near the ICE building driveway. The DLOs called in additional resources and officers were responding when the fight ended following one participant being knocked to the ground. He did not lose consciousness and never requested medical help. Both involved were detained by federal law enforcement and were later released. Neither party indicated they wanted to make a police report.

PPB continued to monitor the situation and responded after seeing additional fights break out. At about 11:16 p.m., RRT moved in and arrested three people were arrested and all booked into the Multnomah County Detention Center (MCDC) on charges of Disorderly Conduct in the Second Degree:

Angela Davis, 49, of Vernonia, Oregon

Nicholas Sortor, 27, of Washington, DC

Son Mi Yi, 43, of Portland

DOJ is saying that Portland can’t arrest people who travel across the country to spark unrest in Portland. And Sortor has been out since then trying to provoke violence.

When this goes to court — and undoubtedly it will in some form — DOJ will be stuck defending the premise that DOD has to invade Portland because right wingers with close ties to the President traveled across the country to stoke unrest.

And they did so in conjunction with an invasion premised on persistent false propaganda shown on Fox News.

Sunday, Trump was babbling some more about what’s going on in Portland, claiming that the reason Mayors don’t want the Guard is that they’re too terrified of … the inflated frog personas, I guess.

Kristi Noem dresses up a Russian useful idiot to produce propaganda about Chicago

Which leads us to Chicago.

I suggested, last week, that one reason Trump’s immigration invasions are so unpopular is they result in so many videos showing ICE butt cracks and beer bellies, poorly trained-men rolling around in a street like greased pigs as they try to arrest brown men. That negative spectacle, going viral, has drowned out the staged attempts to pitch the violence against brown people in eroticized terms.

Which is an important thing to remember when reviewing just the last few days of outrageous abuse: there is the abuse, there is the staged spectacle, and there is the effort (as with Nick Sortor) to use the resultant spectacle to provide a pretext to justify further invasion.

Consider that DHS produced a highly produced video of its assault on a South Shore apartment building last week, which may do more to explain the timing of the raid — which started at 1AM and thus necessitated strobe lighting — than any law enforcement purpose (to say nothing of the fact that judges ordinarily require warrants be executed after dawn). Since it was hours before even the US citizens detained in the raid got back into their apartments, there were few live videos of the raid — though one neighbor took a picture of Noem’s goons apparently traveling the same way the extremist group, Patriot Front, travels: in the back of a rental truck.

It wasn’t until after residents were able to return to their homes that they found that ICE had taken an already squalid place into a hell hole.

Dan Jones stood outside with police officers to file a report after his valuables — from his mattress and iPad down to his air fryer — were stolen after agents broke his door.

Jones slept at an aunt’s house following the raid and returned to find clothing and garbage that wasn’t his all over his apartment floor.

A small moving crew said they had been hired after the raid to clear out now-vacant units — but didn’t say by who. Doors were boarded up. In one room, there were zip ties and blood stains on the floor next to baby shoes. Flies swarmed around open fridges.

Water damage had caved in ceilings. Strollers and air conditioners and more things left behind blocked the middle of dark hallways. The lobby elevators were broken, with their buttons perpetually lit on the down arrow.

There was a strong odor everywhere.

Jones said the building’s “dirty” conditions predated the raid, but this was the worst he’d seen the place. It was the first of the month and his rent was due.

“It looks like hell,” Jones said. “ICE really just a gang.”

There’s reason to suspect that one beneficiary of this raid, like similar ones in Colorado targeted at apartments significantly rented by Venezuelans, is the slum landlord who had neglected the building.

As I noted, Illinois’ lawsuit against the Federal government focuses on how Noem and her chief goon, Greg Bovino, staged a number of other photo ops around the city, including the confrontation they staged with protestors.

I’ve also laid out the significant discrepancies in the claims surrounding CBP’s shooting of Marimar Martinez, discrepancies that could doom that prosecution even if the central allegation, that she rammed the CBP vehicle, were true (which her attorney contests).

Where Noem’s urge to create propaganda may get her in trouble is how she invited Russia’s useful idiot, Benny Johnson, to tag along wearing Border Patrol armor.

Among other things Benny did on his cosplay cop caper was to post a video of protestors as they were being arrested, claiming they were being arrested for “VIOLENT ASSAULT.”

Of the Federal charges filed since then, just one has been from Broadview (it was assault, but even that one sounds like someone charged for being pushed by the Feds). If, in fact, these people weren’t charged — much less with assault — this would be slander. Since he was dolled up as a “Border Patrol Federal Agent,” even if they were arrested, this will be a privacy violation that might endanger any charges the Feds tried to file.

Worse, Benny’s AI slop video from the cosplay should make it easy for Chicago to show that — as in Portland — Trump’s people are simply making (literal) shit up about Chicago.

In multiple states, Trump’s Administration is relying on provocateurs (in Benny’s case, once funded by the Russian government and still scrutinized for his unnatural YouTube growth) to spread outright slop claims to justify these invasions.

There’s so many ways this could backfire.

Kilmar Abrego gets Vindictive Prosecution discovery

Which brings us, after much delay, to the potential consequences for all this.

The other day, Judge Waverly Crenshaw granted Kilmar Abrego discovery associated with his motion for vindictive prosecution. He cited a range of public comments government officials made about the case. He focused closely on Todd Blanche’s admission that the government only started investigating Abrego after his habeas case got traction.

Most tellingly, Attorney General Bondi’s direct report, Deputy Attorney General Todd Blanche, linked Abrego’s criminal charges to Abrego’s civil lawsuit in Maryland. Strikingly, during a television interview Deputy Attorney General Blanche revealed that the government started “investigating” Abrego after “a judge in Maryland . . . questioned” the government’s decision, found that it “had no right to deport him,” and “accus[ed] [the government] of doing something wrong.” Kilmar Abrego Garcia was indicted on ‘very serious’ charges, US deputy attorney general says, Fox News (June 6, 2025), https://www.foxnews.com/video/6373969491112.

[snip]

Deputy Attorney General Blanche’s remarkable statements could directly establish that the motivations for Abrego’s criminal charges stem from his exercise of his constitutional and statutory rights to bring suit against the Executive Official Defendants, rather than a genuine desire to prosecute him for alleged criminal misconduct. 1

1 It may be that Deputy Attorney General Blanche’s opinion distressed former Chief of the Criminal Division of the U.S. Attorney’s Office in the Middle District of Tennessee, Ben Schrader. It is alleged that Mr. Schrader resigned on May 21, 2025—the day Abrego was indicted—because of what some have suggested were his “concerns that th[is] case was being pursed for political reasons.” Katherine Faulders et al., Kilmar Abrego Garcia Brought Back to US, Appears in Court on Charges of Smuggling Migrants, ABC News (June 6, 2025), https://abcnews.go.com/US/mistakenly-deported-kilmar-abrego-garcia-back-usface/story?id=121333122.

Judge Crenshaw suggested this list, from Abrego’s lawyers, would be a good starting point for discovery (though he said bullet e should be narrowed):

a. Material concerning the predication and reasons for opening the investigation that led to the indictment, including, but not limited to, communications between the Department of Justice (“DOJ”) and DHS, such as email, text messages, and other correspondence;

b. Communications among DOJ, DHS, the State Department, and/or the White House about the inception or progress of the investigation, such as email, text messages, and other correspondence;

c. Material concerning the decision made by the Federal Bureau of Investigation (“FBI”) and/or Homeland Security Investigations (“HSI”) in or around 2022 not to pursue any investigation or prosecution of the November 30, 2022 traffic stop;

d. Material concerning the government’s change in position and decision to prosecute this case;

e. Material concerning negotiations and the decision to return Mr. Abrego to the United States after he was removed from the United States to El Salvador in March of 2025, including, but not limited to, communications among DOJ, DHS, the State Department, the White House, and/or the government of El Salvador, such as email, text messages, and other correspondence;

f. Material concerning the departure of Ben Schrader, formerly the Chief of the Criminal Division of the U.S. Attorney’s Office in Nashville, Tennessee, whose resignation was reportedly prompted “by concerns” that the instant case “was being pursued for political reasons.”1 See, e.g., United States v. Adams, 870 F.2d 1140, 1146 (6th Cir. 1989) (allowing discovery in connection with vindictive prosecution claim); United States v. Fieger, No. 07-CR-20414, 2008 WL 205244, at *16 (E.D. Mich. Jan. 24, 2008), as amended (Feb. 1, 2008). [my emphasis]

Bullets b and f get you directly from decisions made in the White House and shared with Blanche to their effect on the AUSA who quit because of the way this went down — and it may well lead to a deposition of both Blanche and Schrader.

We’re in uncharted territory here. Even if DOJ doesn’t find a way to appeal this, there will be a heated fight over privileged communications (which will implicate Trump v. US when this inevitably gets to SCOTUS).

But this was the predictable outcome of a bunch of boneheaded things DHS and DOJ did back in April.

It’s also a measure of where all the things they’re doing right now could be headed … a few months down the road.

* The “do something bitch” comment is what a CBP officer said before shooting Marimar Martinez on Saturday in Chicago.

Update: Now Oregon’s GOP is making fabrications about what Portland looks like, based off old pictures of South America. And Broadview’s Mayor is claiming ICE made false 911 calls to their office.

Share this entry

Governor Pritzker Argues Trump Is Invading Illinois Out of Animus

October 6, 2025/35 Comments/in emptywheel /by emptywheel

Very broadly speaking, the state three challenges to Trump’s invasions adopt different theories.

The 22-page California challenge (the TRO request was filed separately), which was filed during large scale protests, contested whether the scale of the protest merited nationalization of the Guard and invasion by the Marines
The 41-page Oregon challenge basically showed that Trump’s batshit claims about Portland don’t match the reality on the ground, noting that to the extent there were significant protests, they subsided long before Trump called in the Guard
The 69-page Illinois challenge argues that the invasion arises out of animus

Of those 69 pages in the Illinois suit, 21 are dedicated to describing Trump’s animus, which it dates as starting in 2013, continued though his first presidential term, and even came out during the interregnum.

44. The supposed current emergency is belied by the fact that Trump’s Chicago troop deployment threats began more than ten years ago. In a social media post from 2013 Trump writes “we need our troops on the streets of Chicago, not in Syria.”

[snip]

47. Three years ago, in 2022, Trump was between his presidential terms. In two separate speeches that summer, Trump shared his plans for Chicago, stating in July 2022 that the “next president needs to send the National Guard to the most dangerous neighborhoods in Chicago.” He reiterated that point at the August 2022 CPAC speech, saying that the problem was “these cities that were run by Democrats going so bad so fast.”

It shows how Trump and Stephen Miller’s targeting

57. On April 18, 2025, Stephen Miller, White House Deputy Chief of Staff for Policy and the Homeland Security Advisor leveled the accusation that “Sanctuary cities shield criminal illegal aliens from removal.” Although not a lawyer, he opined that “these cities are engaged in systemic criminal violations and that they are engaged in a scheme to nullify and obstruct the duly enacted laws of the United States of America.” Miller specifically cited Chicago, along with Los Angeles and Boston, saying the cities were “waging war against the very idea of nationhood.”

It showed how, in May, DHS ditched its first draft list of sanctuary jurisdictions to get rid of the Republican ones on the list.

63. In the midst of these immigration-related federal defunding actions and responsive lawsuits, DHS published, on May 29, 2025, a list of 500 purported “sanctuary jurisdictions” around the country. It accused them of “shamefully obstructing” the Trump administration’s deportation plans and “shielding dangerous criminal aliens.” Fox News Channel 32 Chicago accurately characterized the list as an escalation of “efforts to penalize states and cities that limit cooperation with federal immigration authorities.”

64. However, days later, based on widespread news reporting as early as June 1st, that first sanctuary jurisdiction list was gone. As reported, very soon after publishing the list, the Trump administration faced objections from Republican stronghold jurisdictions that found themselves on the list. The Department of Homeland Security quickly and quietly removed the list from the website where it had been posted.

65. Then on July 25, 2025, the federal district judge presiding over the United States’ lawsuit regarding Illinois’s, Chicago’s and Cook County’s immigration-related laws and policies dismissed the case. United States v. Illinois, No. 25 CV 1285, 2025 WL 2098688, *27 (N.D. Ill. July 25, 2025). In concluding that there was no claim for the United States to pursue, the court held that “the Sanctuary Policies reflect [Illinois’s, Chicago’s and Cook County’s] decision to not participate in enforcing civil immigration law—a decision protected by the Tenth Amendment and not preempted by the INA. Finding that these same Policy provisions constitute discrimination or impermissible regulation would provide an end-run around the Tenth Amendment. It would allow the federal government to commandeer States under the guise of intergovernmental immunity— the exact type of direct regulation of states barred by the Tenth Amendment.” Id.

66. Less than two weeks later, the Trump administration posted a new version of its sanctuary jurisdiction target list. That August 5, 2025, publication shortened the list from about 500 to just 35 jurisdictions. The new sanctuary “jurisdiction” list targeted twelve states (including Illinois, California, and Oregon), the District of Columbia, eighteen cities (including Chicago), and four counties (including Cook County).

It tracks a number of things Kristi Noem and Greg Bovino did to create a pretext for invasion, focusing closely on Bovino’s boat trips around the river, but also describing the way Noem went out of the way to address protestors directly (the Chief of Police of Broadview was pretty unhappy about that event).

106. As this DHS show of force in Broadview was escalating, CBP appeared in tactical gear with large weapons in hand around the City of Chicago. On September 25, 2025, Greg Bovino, head of the CBP operations in Chicago, led a small fleet of “Border Patrol” boats downtown on the Chicago River, with officers armed with semi-automatic rifles. Photographs in the local news showed the boats passing the upscale Riverwalk, in the area of the Trump Tower:

107. The CBP boats were seen again on the Chicago River in the following days, seemingly doing nothing more than eponymous showboating.

108. However, the day after the Border Protection’s first unimpeded river fleet cruise, DHS executed a memo expressing an urgent need for support in Illinois from the “Department of War.” Specifically, on September 26, DHS requested from DoD 100 troops to protect ICE facilities in Illinois with “immediate and sustained assistance” because of a fictional “coordinated assault by violent groups . . . actively aligned with designated domestic terror organizations . . . .” DoD’s National Guard Bureau informally made this request to Illinois for its National Guard troops on September 27, which Illinois refused the following day.

109. Two days after this request, on Sunday, September 28, around 100 DHS agents, dressed in militaristic tactical gear and carrying semi-automatic rifles, patrolled the Chicago business district near Millenium Park and Michigan Avenue. They positioned themselves in large groups on major pedestrian thoroughfares in tourist and commercial areas.

[snip]

112. On October 3rd, 2025, Kristi Noem, the United States Secretary of Homeland Security, orchestrated a visit to the Broadview facility designed to provoke those who could hear or see the visit. Throughout this visit, rather than avoiding the protesters, Secretary Noem and her entourage, including Bovino, entered areas congested with protesters, even when there were alternative routes that would have avoided those areas.

113. Defendant Noem was videotaped speaking to assembled DHS agents about protestors outside of the ICE facility in which she stated: “Today, when we leave here we’re going to go hard. We’re going to hammer these guys that are advocating for violence against the American people . . . we’re going to go out there and we’re going to make sure that there’s consequences for the way that they’re behaving and that we’re going to prosecute them” Noem’s comments about protestors “advocating for violence against the American people” are unsupported by public reports, and appear to conflate the First Amendment-protected speech of protestors with political violence.

114. Noem then introduced Bovino, who began his speech saying, “It’s roll up time here, state instrument is a hard power, you’re going to be put into full effect.” Although at that time demonstrators were confined to a free speech area blocks from the ICE facility, and managed by ISP and local police, Bovino called demonstrators an “unsafe crowd.” He further stated, “we’re going to roll them all the way out of here, and when they resist what happens? They get arrested. So it’s now going to be a free arrest zone . . . I’m giving them one warning . . . They’re getting it here as soon as we leave.”

115. Subsequently, Secretary Noem’s motorcade, in a large armored, tactical vehicle known as a BearCat, exited the facility through an entrance congested with protesters, rather than the alternative, which was not. She then proceeded to an area with protesters on all sides and exited the vehicle. Because she affirmatively went to the protest area, the U.S. Secret Service was required to extend the protective perimeter, resulting in federal agents engaging with protesters and prompting ISP involvement. There was no legitimate purpose under federal law for this conduct by defendant Noem.

Sadly, they didn’t describe Russian useful idiot Benny Johnson’s role in all this, because his false claims are a key part of the effort to stoke violence (and, probably, to mislead Trump about what is really happening).

It cites a number of Trump’s false Truth Social claims and fundraising emails, including this one from September 6.

And it describes Trump’s incendiary language to describe peaceful protest, including his declaration of a war from within.

120. A few days later, on September 30 at the Pentagon, Trump and Hegseth addressed a gathering of about 800 top military leaders. Trump took the opportunity again to attack Chicago, stating: “You know, the Democrats run most of the cities that are in bad shape. We have many cities in great shape too, by the way. I want you to know that. But it seems that the ones that are run by the radical left Democrats, what they’ve done to San Francisco, Chicago, New York, Los Angeles, they’re very unsafe places and we’re going to straighten them out one by one.” He went on to say, “And this is going to be a major part for some of the people in this room. That’s a war too. It’s a war from within.”

121. Trump then stated that he had informed defendant Hegseth, “we should use some of these dangerous cities as training grounds for our military National Guard, but military, because we’re going into Chicago very soon.” Defendant Hegseth has now taken formal action to do so.

It used Trump’s invitation for Pete Hegseth to use Chicago as a “training ground” as the introduction of the rest of the complaint.

The complaint describes the shooting of a Chicago man and the lies DHS told about it. The Black Hawk invasion of an apartment building appears elsewhere, to show that there was no interruption of whatever that invasion was meant to be. It doesn’t mention the shooting on Saturday: but emails submitted by the ILNG show that Trump had already made the request for Guard before that event (though they happened nearly simultaneously).

I’ve seen some people speculate, because of more recent events, that Chicago would have a tougher time than Portland to prove there was no purpose for the invasion.

But this is a different, more ambitious argument, effectively showing that Kristi Noem set out to create a pretext for a long contemplated plan to invade Chicago.

Share this entry

$400,000: The “Free” Medical Care Kristi Noem’s Goons Made Taxpayers Pay

October 5, 2025/24 Comments/in emptywheel /by emptywheel

Back on August 27, Kristi Noem’s goons raided a car wash in Carson, CA. In the process, they badly broke Bayron Rovidio Marin’s leg. The break was so bad, he has been hospitalized ever since. And in spite of the fact that they’ve never obtained a warrant or even claimed that Rovidio Marin is undocumented, ICE has been paying private guards to guard him 24/7 since then.

On August 27, 2025, Petitioner was arrested at the Carson Car Wash in Carson, California by uniformed Customs and Border Protection (“CBP”) officers and unidentified plainclothes federal agents. See Pet. ¶¶ 16, 48; Santiago Decl. ¶ 3. During the arrest, Petitioner sustained severe leg injuries. See Pet. ¶ 48; Santiago Decl. ¶ 5. He was handcuffed and transported by CBP to the emergency room at Harbor-UCLA Medical Center in Carson, California. Id.

At the hospital, Petitioner was admitted under a “blackout” procedure for patients in law-enforcement custody and was registered under the pseudonym “Har Maine UNK Thirteen.” Santiago Decl. ¶ 7. Federal agents remained at Petitioner’s bedside during admission, transfer to non-public treatment areas, and throughout his stay, keeping him handcuffed to his hospital bed. Id. ¶ 6

On or about August 27, 2025, CBP transferred custody of Petitioner to ICE. See Pet. ¶ 48. He remains detained at Harbor-UCLA Medical Center under the supervision of ICE, which has contracted with Spectrum Detention Services (“Spectrum”) to provide guards. See Santiago Decl. ¶ 8; Pet. ¶ 48.

Since that date, two to four uniformed guards—either Spectrum employees or ICE agents—have been continuously stationed in Petitioner’s hospital room, monitoring him at all times, including while he sleeps, eats, uses the restroom, or receives medical care. See Santiago Decl. ¶¶ 9–10. [my emphasis]

There’s a lot that’s outrageous about this unlawful detention: On top of the original injury, ICE hid this guy using fake names at the hospital, they’ve questioned him without reading him his rights, they’ve restricted his access to lawyers.

Judge Cynthia Valenzuela just ordered ICE to release him from “custody.”

But consider it from the context of right wing manufactured outrage that Democrats want to provide free medical care for “illegals,” a combination of misrepresentation that Democrats would provide healthcare for migrants with legal status, false accusations that those who rely on ACA subsidies are “illegal,” and complaints (voiced explicitly by JD Vance) that under EMTALA (which was passed under Ronald Reagan) hospital emergency rooms have to treat anyone in need of care.

Ignoring that ICE has not even claimed that the guy they hospitalized is undocumented, Kristi Noem’s goons have required taxpayers to pay for 37 days (and counting) of his medical care, plus private guards to watch him 24/7. The guards would cost upwards of $71,000 ($40 X 2 X 24 X 37), and just the room could cost upwards of $333,000 ($9,000 X 37). (ICE probably gets a discount on the room, but they still have to pay for his medical care.)

So just that one victim of ICE violence — someone against whom ICE had no warrant or even knowledge of his identity — may cost taxpayers upwards of $400,000.

And counting, because he’s still not out of the hospital.

Instead of paying for Medicaid and ACA subsidies to keep Americans healthy, right wingers in Congress decided to throw tons of money at Kristi Noem and Tom Homan (whose fondness for bags of cash gives him an incentive to drive up contractor cost) to go hunt down car wash workers who might or might not be undocumented.

And just one of the predictable injuries that resulted (there’s no telling how many other people abused by ICE Noem has hidden away under fake names) has cost taxpayers around $400,000.

Update: They’ve now unsealed Rovidio Marin’s habeas petition.

Share this entry

“She Wants to Grab Him:” The Premeditated Detention of Ras Baraka

September 29, 2025/31 Comments/in emptywheel /by emptywheel

Judge Jamel Semper in the LaMonica McIver case has released the videos associated with her motion to dismiss for congressional immunity.

Video F strongly suggests that someone female ordered Ricky Patel — the person who ultimately arrested Ras Baraka — to “grab” the Mayor even before he was told he was trespassing.

0:45, Ricky Patel says, “I’m going to walk right to the Mayor now.”

1:06 of Video F, Ricky Patel says, “you know me, I’m not saying no to shit.”

At 2:14, someone else says, “She wants to grab him.”

Only after that did Patel say, “How did the Mayor get in here?” after which a DHS employee made a baseless claim about how it happened.

In less than 30 seconds after engaging the Mayor, Patel threatened to arrest him for trespassing, in response to which one of Baraka’s aides said, “we got invited in,” which DOJ now concedes to be true.

In the middle of it, Patel gets a call. He sees who is calling. At first he doesn’t answer. Then seconds later he answers the call. After Patel gets off the phone, he calls Bonnie Watson Coleman, “Ma’am,” after which she corrects him, “Congresswoman.” When Patel orders Baraka to put his hands behind his back, Watson Coleman says “we’ll be your eyes and ears.” Both Congresswomen say, “calm down.”

Exhibit B is the one that shows Patel ordering others to prepare to arrest Baraka, “even though he stepped out.” Meanwhile, one of the ICE officers is arming himself, and another one mocks him for it. Another asks, “they really wanted to just come here to see a tour of the facility?”

1:16: I am arresting the Mayor, so.

1:16: 30: I got it, I got it. We’re taking him right now.

1:16:50: I’m going to take him right now.

[Hangs up phone]

1:16:55: Okay, even though he stepped out, I’m going to put him in cuffs.

1:17: Guys, listen to me. We’re going to walk out of the gates. I’m going to place the Mayor in handcuffs. We are arresting the Mayor, per the Deputy Attorney General of the United States. Anyone who gets in the way, I need you guys to get me a perimeter.

1:17:30: I already told him on camera that he was under arrest, we’re going to place him under arrest.

[They arm themselves some more.]

1:20, after the arrest, McIver: You assaulted me. I am filing a complaint.

Even before anyone from ICE engaged with the Mayor, “She” ordered Ricky Patel to “grab him.”

Share this entry

Kristi Noem’s Non-Stop Slander Invites Congress to Ask Melania about Her Close Ties to Jeffrey Epstein

September 2, 2025/49 Comments/in emptywheel /by emptywheel

Kristi Noem loves to slander Kilmar Abrego Garcia.

DHS has long wanted to claim — but failed to substantiate — that Abrego is a member of MS-13.

For example, the whistleblower complaint from Erez Reuveni describes how DHS wanted to make such claims about Abrego, but had no evidence. When he failed to make such an argument in court, his boss Drew Ensign called to complain, explaining that the White House had wanted DOJ to make such a claim.

Ensign asked Mr. Reuveni why he did not argue that Mr. Abrego Garcia was a member of a terrorist organization or that being a member of such organization meant Mr. Abrego Garcia’s protection from removal to El Salvador was nullified. Mr. Reuveni told Ensign he did not make those arguments because: 1 ) those were not arguments in the government’s briefs, which Ensign had reviewed; 2) there was no evidence in the record to support the arguments; and 3) the laws governing withholding of removal do not support a theory that declaring someone a member of a terrorist organization retroactively nullifies a grant ofwithholding relief. Ensign had little reaction but called again a few minutes later asking similar questions and informing Mr. Reuveni that these inquiries were prompted by the White House. Mr. Reuveni again repeated the same concerns he had on the first call.

Todd Blanche fired Reuveni after he refused to sign on a brief claiming that Abrego was a terrorist, a claim not made to the District Court.

And when DOJ attempted to convince two judges that Abrego was a dangerous terrorist, they failed. Magistrate Judge Barbara Holmes laid out that the evidence presented to her of MS-13 membership largely amounted to the feeling of a cooperating witness whose family has ties to a competing gang, but their key cooperating witness said he knew of no evidence Kilmar was a MS-13 member.

The government’s evidence that Abrego is a member of MS-13 consists of general statements, all double hearsay, from two cooperating witnesses: the second male cooperator and N.V. Those statements are, however, directly inconsistent with statements by the first cooperator. In interviews, the second male cooperator, whose general unreliability the Court addressed above, stated broadly to Special Agent Joseph that Abrego was “familial” with purported gang members. Other than this vague statement, there is no evidence of when these interactions occurred or in what context (other than as general greetings), how the second male cooperator determined those other unidentified individuals to be known gang members, or precisely how some perceived interaction between Abrego and other unidentified individuals substantiates gang membership.

Cooperating witness N.V. stated to Special Agent Joseph that she “believed” Abrego to be a member of MS-13. N.V. is a 20-year-old female individual who gave interview statements, but not sworn testimony, of her interactions with Abrego from more than five years earlier, when she was 14 or 15 years old. She has been previously compensated for providing information to law enforcement but is not receiving compensation in this case. NV’s family is also affiliated with the 18th Street or 18 Barrio gang. Other than N.V.’s general belief about Abrego’s gang membership, no other testimony was offered of when, in what context, how, or why N.V. came to arrive at that belief.

Contrary to the statements of the second cooperator and NV, the first male cooperator told Special Agent Joseph that, in ten years of acquaintance with Abrego, there were no signs or markings, including tattoos, indicating that Abrego is an MS-13 member. This statement specifically repudiates any outward indicia that Abrego belongs to MS-13, in stark contrast to the non-specific second cooperator’s and N.V.’s feelings that Abrego may belong to MS-13. Given these conflicting statements, the government’s evidence of Abrego’s alleged gang membership is simply insufficient.

[snip]

25 Given the volume of resources committed to the government’s investigation of Abrego since April 2025, according to Special Agent Joseph, the Court supposes that if timely, more specific, concrete evidence exists of Abrego’s alleged MS-13 gang membership or a consistent pattern of intentional conduct designed to threaten or intimidate specific individuals, the government would have offered that evidence at the detention hearing.

When asked to review Holmes’ decision, District Judge Waverly Crenshaw agreed, finding that the government’s claims “border on fanciful.”

Based on the record before it, for the Court to find that Abrego is member of or in affiliation with MS13, it would have to make so many inferences from the Government’s proffered evidence in its favor that such conclusion would border on fanciful.

But Noem and her flunkies keep publicly claiming that Abrego is an MS-13 member.

Abrego has requested on four different occasions (one, two, three) for the judge in his criminal case to gag the government from making such inflammatory claims, most recently last Thursday. Each time, Judge Crenshaw has ordered parts of the government to comply — first the lawyers subject to local rules, and then anyone before the court — but he noted that it was not clear whether DHS is before him.

ORDER as to Kilmar Armando Abrego Garcia: Before the Court are Abrego’s Motion to Ensure Compliance with Local Criminal Rule 2.01 94 and Supplemental Motion regarding the same 98 . To the extent the Motions 94, 98 seek clarification that Local Rule 2.01 applies both to the Department of Justice and the Department of Homeland Security, it is not clear on the record before the Court whether that is true of the latter. Nevertheless, for those before this Court, compliance with Local Criminal Rules 2.01(a)(1) and (a)(4) is not discretionary for all attorneys and their firms or agencies. To ensure that Abrego receives a fair trial, all counsel are subject to Local Criminal Rules 2.01(a)(1) and (a)(4) and Tennessee Rule of Professional Conduct 3.8(f). All counsel and those working with counsel shall ensure that any proper public communications include that the Indictment only contains allegations. Our Constitution requires that Abrego is presumed innocent unless and until proven guilty beyond a reasonable doubt by a jury.

Noem, of course, doesn’t care.

Perhaps as a deliberate incitement Sunday, she went on Face the Nation, and repeated the same unsubstantiated claims that Holmes and Crenshaw both judged they had no evidence to prove, including that Abrego, “was a known human smuggler, an MS-13 gang member, an individual who was a wife beater, and someone who was so perverted that he solicited nude photos from minors.”

CBS cut that claim, and now Noem, Trump’s top propagandists, and Trump’s right wing mob is trying to liken it to CBS’ editing of the Kamala Harris interview.

In other words, even as Abrego asks the court to make DHS adhere to long-standing policies of public statements regarding pretrial defendants, Noem is deliberately stoking slander.

She’s doing so, presumably, comfortable in the knowledge that DOJ would substitute the government for Noem if Abrego sued. That is, she’s hiding behind the immunity of government employ to stoke a false propaganda campaign against a guy she trafficked to a concentration camp based on false claims.

I can’t help but note that Noem is gleefully engaged in slander in the wake of Melania Trump’s efforts to bully multiple entities — first Daily Beast, and then James Carville — into withdrawing reports about Jeffrey Epstein’s claims that he had role in introducing Melania to her spouse (or that they first fucked on his plane). Melania attempted to do the same with Hunter Biden, but he refused (and in the process, Hunter noted that NYT had published Epstein’s claim he introduced them before he died, with no retraction).

But while Mr. Trump has dismissed the relationship, Mr. Epstein, since the election, has played it up, claiming to people that he was the one who introduced Mr. Trump to his third wife, Melania Trump, though neither of the Trumps has ever mentioned Mr. Epstein playing a role in their meeting. Mrs. Trump has said that her future husband simply asked for her phone number at a party at the Kit Kat Club during Fashion Week in 1998.

Thus far, Melania has not made good on her threat to sue Hunter into oblivion.

Melania also got a British publisher to withdraw a more incendiary claim in online versions of a new book on Prince Andrew.

As Congress returns today, Epstein will remain a key focus, with a politicized inquiry unfolding under James Comer in House Oversight and a more aggressive effort pushed by Ro Khanna and Tom Massie, who have a discharge petition queued up for a vote. Both efforts have real cause to ask why Trump moved sex trafficker Ghislaine Maxwell to a minimum security prison camp close to Bryan, TX schools (including Texas A&M) to shut her up, and whether it has anything to do with Melania’s litigious interest in tamping down any questions about her ties to Epstein.

Those same members of Congress might take a lesson from Noem (or, for that matter, the members of Congress who made false claims about Hunter Biden).

The entire Trump Administration treats government employ as a platform for incendiary slander.

As Trump faces renewed scrutiny of his efforts to cover-up his ties to Jeffrey Epstein, that could get awkward for Melania.

I am assuredly not saying that Ro Khanna should deliberately lie about Melania, as Noem is deliberately lying about Abrego. But I am saying that one basis for Trump’s sensitivities about Epstein (the other being the fact that Epstein and Maxwell “stole” his spa girls, forcing one — Virginia Giuffre — into sex slavery) appears to be Melania’s ties to the sex trafficker. And Congress does have the interest and authority into probing those ties.

Update: Corrected inaccurate description of Abrego as a “pretrial detainee.” He has been released under Bail Reform, but then was detained anew by ICE.

Update: Fixed Judge Crenshaw’s first name.

Share this entry

John Thune’s Flopsweat about Funding Stephen Miller’s Gulag

June 23, 2025/51 Comments/in emptywheel /by emptywheel

Amid all the warmongering last week, there was an interesting head fake in the Senate.

On Tuesday, JD Vance went to a Senate lunch (rather than the Situation Room meeting on Iran) at which he told them the deadline for passing was the August recess — starting August 4.

On Wednesday, Susie Wiles went for a very short visit to the Senate to order them to get the whole thing done by July 4.

White House chief of staff Susie Wiles is encouraging Congress to get the “big, beautiful bill” to President Donald Trump’s desk by July 4.

Wiles told GOP senators at a closed-door lunch that the Independence Day deadline still holds as far as Trump is concerned, according to a person granted anonymity to describe the private meeting.

I started to write a long post (piggybacking on this one) about how the various timelines — the legal responses to Trump’s abuses and the economic impact of his disastrous policy choices — might make it harder to codify key parts of his abuses in law with the Big Ugly reconciliation bill. I was going to lay out how recent developments (this was so long ago I surmised that Trump’s Iran warmongering might cause him some political headaches and now … here we are, Trump talking regime change in the wake of an inconclusive illegal strike) might exacerbate the way his legislative agenda might be Overtaken By Events.

That post got Overtaken By Events.

The punch line of my original post was going to be an argument that Wiles was pushing the Senate to hurry up not because impending financial doom might make passing the Big Ugly harder, nor because the debt ceiling is approaching.

Rather, Kristi Noem is burning through cash.

President Trump’s immigration crackdown is burning through cash so quickly that the agency charged with arresting, detaining and removing unauthorized immigrants could run out of money next month.

Why it matters: Immigration and Customs Enforcement (ICE) is already $1 billionover budget by one estimate, with more than three months left in the fiscal year. That’s alarmed lawmakers in both parties — and raised the possibility of Trump clawing funds from agencies to feed ICE.

Lawmakers say ICE’s parent agency, the Department of Homeland Security (DHS), is at risk of violating U.S. law if it continues to spend at its current pace.

That’s added urgency to calls for Congress to pass Trump’s “Big Beautiful Bill,” which could direct an extra $75 billion or so to ICE over the next five years.

It’s also led some lawmakers to accuse DHS and ICE of wasting money. “Trump’s DHS is spending like drunken sailors,” said Sen. Chris Murphy (D-Conn.), the top Democrat on the DHS appropriations subcommittee.

Zoom in: ICE’s funding crisis is being fueled by Trump’s team demanding that agents arrest 3,000 immigrants a day — an unprecedented pace ICE is still trying to reach.

This creates the possibility for a slew of legal challenges to Stephen Miller’s dragnet, both from those targeted in it challenging the legality of spending money to target them in the first place, but also from opponents who can start suing Trump for breaking the law by spending money that was not appropriated.

The dragnet is at somewhat-imminent risk of becoming an illegal use of funds.

And that comes as a few Republicans — most loudly, Rand Paul, who was bypassed as Chair for the Senate language on homeland security funding — start raising questions about why we need to blow so much money if Miller has already shut down the border.

Sen. Rand Paul is a frequent thorn in GOP leadership’s side. But his recent break over border security funding in President Donald Trump’s “big beautiful bill” has top Republicans pushing the bounds of institutional norms to rein him in.

Senior Republicans have sidelined the Kentucky Republican, who chairs the Senate Homeland Security and Governmental Affairs Committee, in their talks with the White House over policies under the panel’s purview.

Budget Chair Lindsey Graham (R-S.C.) told POLITICO he has taken over as the lead negotiator around how to shepherd through tens of billions of dollars for border wall construction and related infrastructure in the GOP megabill. Meanwhile, a Senate Republican aide said Sen. James Lankford (R-Okla.) — who heads the relevant Homeland Security subcommittee — will be the point person for negotiating the bill’s government affairs provisions.

With every other committee chair helping manage negotiations for their panels’ portions of the massive tax and spending package, cutting Paul out is unprecedented. But Paul proposed funding border security at a fraction of what the administration requested and the House passed in its bill.

I’ve long been tracking conflict among Republicans over the financial parts of the Big Ugly. But even as Trump’s polling turns south on Miller’s gulag, the huge funding package for it is creating some headaches for the must-pass reconciliation bill.

In an op-ed in Fox News today (accompanied by live Fox News pressure), John Thune gives up the game.

He argues that Republicans have to get the bill done by July 4 — Susie Wiles’ deadline, not JD’s. And his argument focuses primarily on the immigration funding (but also Golden Dome, which Mark Kelly recently exposed as an impossible boondoggle).

In large part, this bill is the culmination of President Trump’s campaign promises and the promises that Republican senators have made to our voters. Chief among them is keeping the American people safe through strong border security and a military strong enough to deter threats and conflicts around the world before they begin.

President Trump has achieved remarkable success in ending the Biden border crisis and removing the criminal illegal aliens that President Biden let walk into our country – but it hasn’t been cheap, and the administration has told us that resources are running out. This bill will fully fund the border wall and President Trump’s successful policies for the entirety of his presidency, removing any possibility that Democrats will hold those resources hostage to try to increase other government spending.

This same principle also applies to defense funding. Recent conflicts around the world should make clear the need to have a modern and lethal fighting force that can keep the American people safe. This means smart, generational investments like President Trump’s Golden Dome for America to defend against advanced drones, missiles, and hypersonics, as well as prioritizing building new ships and unmanned vehicles.

A nation cannot prosper unless it is secure, and with our borders and defense capabilities bolstered, the next key pillar of this bill is creating prosperity in America.

[snip]

Senators have worked to develop this bill for well over a year now. Now it is time to act. Border resources are drying up. National security needs have never been more apparent. And with each passing day, we move closer to reaching both our nation’s debt limit and the largest-ever tax increase on the American people.

Senators return to Washington today and we will remain here until this bill is passed. We know that Democrats will fearmonger and misrepresent our efforts, and we expect them to drag this debate long into the night with unrelated issues. However, I am confident we will get this bill across the finish line. [my emphasis]

It may not be just the burn rate of Noem’s spending spree.

That is, Noem is blowing through cash and the result of it is horrible images of American citizens being assaulted by masked goons. Noem is blowing through cash and businessmen in all sorts of industries are discovering that their businesses will suffer. Noem is blowing through cash and everyone is talking about how terrible the consequences of Miller’s demand for 3,000 bodies a day is.

Noem is blowing through cash and the issue of immigration is becoming a liability, not Trump’s biggest advantage.

And so Thune will attempt to do Susie Wiles’ bidding to get the dragnet funded before it’s too late.

Share this entry

Remember when Brad Lander Caught Kristi Noem Stealing $80 Million?

June 18, 2025/17 Comments/in emptywheel /by emptywheel

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.

The amendment also catches FEMA making false representations to Rhode Island Judge John McConnell and in this lawsuit.

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.

Share this entry

Why Kristi Noem’s Kidnapping of Brad Lander Failed … Thus Far

June 18, 2025/19 Comments/in emptywheel /by emptywheel

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).

Solidarity

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.

American Prospect’s story on the arrest focused on that.

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.

Share this entry

Kristi Noem’s Goons Engage in what Emil Bove Calls Election Interference

June 17, 2025/17 Comments/in emptywheel /by emptywheel

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.

Share this entry

Trump Chose to Hunt Law-Abiding Migrants Rather than Right Wing Terrorists Like Vance Boelter.

June 16, 2025/63 Comments/in emptywheel /by emptywheel

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.

Share this entry

Posts

“Do something, bitch!”* Kristi Noem Dressed Russia’s Useful Idiot Up to Cosplay CBP

Kristi Noem didn’t warn Trump she was stripping security funding from New York City

Trump Federalizes Oregon National Guard based off Fox News propaganda

Kristi Noem dresses up a Russian useful idiot to produce propaganda about Chicago

Kilmar Abrego gets Vindictive Prosecution discovery

Governor Pritzker Argues Trump Is Invading Illinois Out of Animus

$400,000: The “Free” Medical Care Kristi Noem’s Goons Made Taxpayers Pay

“She Wants to Grab Him:” The Premeditated Detention of Ras Baraka

Kristi Noem’s Non-Stop Slander Invites Congress to Ask Melania about Her Close Ties to Jeffrey Epstein

John Thune’s Flopsweat about Funding Stephen Miller’s Gulag

Remember when Brad Lander Caught Kristi Noem Stealing $80 Million?

Why Kristi Noem’s Kidnapping of Brad Lander Failed … Thus Far

Independent media

Solidarity

The law

Kristi Noem’s Goons Engage in what Emil Bove Calls Election Interference

Trump Chose to Hunt Law-Abiding Migrants Rather than Right Wing Terrorists Like Vance Boelter.

Interesting links

Pages