The Dictatorship
Federal immigration agents keep shooting at drivers. We tracked 15 cases since July.
Last August, federal immigration agents in unmarked cars pulled over Francisco Longoria as he drove through a majority Hispanic neighborhood in San Bernardino, California, with his teenage son in the passenger seat.
Cellphone and surveillance videos show masked agents surrounding the pickup truck, at least one with a gun drawn. When Longoria refused to roll down his window, one agent smashed the driver-side glass and reached inside. That’s when Longoria hit the gas and fled, and an agent fired multiple shots at the passenger side of his truck. Longoria and his son were not injured.
That same day, the Department of Homeland Security issued a statement asserting that Longoria “drove his truck at the officers and struck two CBP [Customs and Border Protection] officers with his vehicle,” and that an officer fired his gun “in self-defense.” But video recordings from inside the truck and a nearby business appear to show no agents or vehicles in Longoria’s path as he drove away.
Longoria was charged with assaulting a federal officer with a deadly weapon. Weeks later, during a court hearing, prosecutors acknowledged they couldn’t identify a lawful basis for the stop and had no evidence that any officers were injured. The Department of Justice dropped the case less than a month after filing it.
Like the fatal shooting of Renee Good in Minneapolis, the Longoria case is part of a pattern of behavior exhibited by federal immigration agents since the Trump administration escalated its immigration enforcement campaign last summer. According to an MS NOW review of court records and media reports, federal agents – some working for Immigration and Customs Enforcement, others for the Border Patrol, a part of CBP – have shot at people in their cars at least 15 times since July.
These agents have escalated what’s always been a problem with policing in America… I think we’re going to see a lot more people get killed.”
E. Paige White, defense attorney
These incidents cast new light on the Trump administration’s aggressive and, in the view of critics, reckless federal crackdown on American cities. The shootings occurred most often in places Trump has targeted with federal deployments — mostly Democratic-led jurisdictions with sanctuary policies, including California, Illinois, Minnesota and Washington, D.C.
The agents work in different subdivisions and units under the DHS banner, each agent with a unique combination of training and field experience. All of them were reassigned by the Trump administration to “roving patrols” tasked with arresting as many undocumented immigrants as possible. Jonathan Ross, the agent who killed Good in Minneapolis, had military training and almost 20 years’ experience with both Border Patrol and ICE. But in nearly every other case, the agents remain publicly unidentified, so the nature of their training and experience is unknown.
After each shooting, federal officials and agencies worked promptly to justify their officers’ actions using the same assertion: The drivers attempted to run over or ram agents with their vehicles. In many cases, the government offered this rationale in the immediate aftermath of the shooting, well before officials could produce evidence or file charges, let alone complete an investigation. But the claim frequently falls apart under public scrutiny, when video or other evidence comes to light.
Of the 15 incidents reviewed by MS NOW, eight resulted in criminal cases, four of which were dropped or dismissed by judges, and four of which are ongoing. In three other cases, civilians were placed in deportation proceedings and remain in ICE custody, but have not been criminally charged, despite DHS’s public claims that they committed serious offenses. In two of the incidents, criminal charges were never filed because the civilians were fatally shot. The status of the remaining cases is unclear.
None of the federal agents who fired their weapons at civilians has been charged with a crime. Defense attorneys working on the cases told MS NOW that they haven’t been informed of any agents being placed on administrative leave or subjected to internal discipline.
Former DHS officials and law enforcement experts suggest these shootings are the product of dramatically escalated enforcement tactics deployed during Trump’s second term. But it’s hard to say with certainty whether federal agents are shooting at drivers more frequently today than in previous years. Although DHS publishes partial data for use-of-force incidents, the nature of the data and the Trump administration’s changes to standard operating procedure make historical comparisons difficult. But former officials told MS NOW that this kind of event — agents firing guns at vehicles in urban areas, far away from their standard posts on the border — used to be exceedingly rare.
Police experts who reviewed the cases told MS NOW that almost every officer who fired their weapon acted outside deadly-force guidelines accepted by most of the U.S. law enforcement community.
“The tactics you’re seeing used by ICE and CBP are absolutely not in line with best practices in American policing,” said Art Acevedo, the former police chief in Houston, Miami and other cities. “It’s a recipe for disaster.”
Before Trump’s second term, ICE and Border Patrol agents very rarely engaged in the kinds of operations that are now a common sight in American cities: large-scale, indiscriminate sweeps in urban environments, often in the presence of community members.
For its part, DHS disputes these assertions.
“The pattern is NOT of law enforcement using deadly force,” DHS Assistant Secretary for Public Affairs Tricia McLaughlin told MS NOW. “It’s a pattern of vehicles being used as weapons by violent agitators to attack our law enforcement. … Our officers are experiencing a 3,200% increase in vehicular attacks. When faced with dangerous circumstances, DHS law enforcement used their training to protect themselves, their fellow officers, and the public.”
McLaughlin did not provide evidence to support the claim of a 3,200% increase in vehicular attacks.
“Officer-created jeopardy“
Daniel J. Oates worked for the New York Police Department for 21 years before becoming police chief, a title he held in Ann Arbor, Michigan, Aurora, Colorado, and Miami Beach, Florida. At each of the departments he led, Oates — following the model set by New York in 1972 — imposed rules strictly forbidding officers from firing at moving cars, including in cases when drivers try to ram officers.
“The cops were somewhat resistant, but eventually they accepted the rule and the reasons behind it,” Oates said.
His rationale is simple: The ban makes interactions between officers and civilians safer. One of many concerns is that firing a gun and incapacitating the driver of a moving car puts bystanders in danger. Instead, Oates focuses on training officers to avoid what law enforcement professionals call “officer-created jeopardy” — in other words, police actions that lead people to behave in ways that might justify deadly force.
Oates and other law enforcement experts interviewed by MS NOW suggested that Good’s shooting was a case of officer-created jeopardy. Oates stressed that only a full and impartial investigation could resolve the case. But based on publicly available video, Oates said, it appears that Ross put himself in danger by walking in front of a running vehicle with a driver at the wheel. For this reason, even if Ross genuinely believed Good was trying to run him over, the shooting would be unjustified, Oates said.
“Those of us who have had executive positions and have had to hold cops accountable would not accept that explanation,” Oates said. “If you place yourself in front of the vehicle and then you shoot someone because you’re in front of the vehicle, that’s not acceptable in American policing.”
Strict rules against firing at moving vehicles are now common across local and state law enforcement in the U.S., and are recommended by the Police Executive Research Forumwhich advises police on use-of-force standards. ICE and CBP have their own use-of-force standards predating the Trump administration that, while less explicit, embrace similar principles, including keeping officers out of unnecessary danger.
“ICE law enforcement officers are trained to use the minimum amount of force necessary to resolve dangerous situations to prioritize the safety of the public and our officers,” McLaughlin said in her statement. She stressed that many federal immigration agents also have experience with other law enforcement agencies and the U.S. armed forces.
“To all ICE officers: You have federal immunity in the conduct of your duties. You have immunity to perform your duties, and no one — no city official, no state official, no illegal alien, no leftist agitator or domestic insurrectionist — can prevent you from fulfilling your legal obligations.”
STEPHEn miller, White House deputy chief of staff
“Officers are highly trained in de-escalation tactics and regularly receive ongoing use of force training,” she said.
Yet federal agents are firing into vehicles at a rate that’s raising concern among experts, who are starting to wonder whether the training McLaughlin touts is effective — or even still in use.
“I would hope that every police officer, anyone who’s allowed to carry a firearm, would be trained not to shoot at a moving vehicle,” said Geoffrey Alpert, a criminologist at the University of South Carolina who specializes in high-risk police activities.
A change in tactics
Before June of last year, ICE and Border Patrol agents very rarely engaged in the kind of operations that are now common in Chicago, Los Angeles, Minneapolis and other American cities: large-scale, indiscriminate sweeps in urban environments, often in the presence of community members observing or actively antagonizing them.
Federal agents’ work used to look much different, especially before Trump’s second term. Officers with ICE’s Enforcement and Removal Operations, or ERO, typically picked up detainee transfers at local county jails. Border Patrol agents were accustomed to pursuing and detaining people in rural border areas where the agency manages multiple layers of surveillance and exerts near total territorial control.
Tactics changed dramatically last year, when the administration began an aggressive recruiting campaign and directed ICE and Border Patrol to roam metro areas — starting with Los Angeles in June — to detain as many people as possible rather than going after preselected targets.
As a result, streets across the country are flooded with agents who do not necessarily have appropriate training for the operations they’re conducting, according to a former high-level official who was with DHS during the Biden administration. The source spoke on condition of anonymity because they are still employed by the government.
While some units are trained for high-impact urban operations — including ERO’s Fugitive Operations Division and the Border Patrol Tactical Unit (or BORTAC) — even that training, the former official said, is inappropriate for the operations of today, which often involve all kinds of civilians in situations that require tact and care.
“They’re trained to start off at 10 out of 10 as far as aggression and perception of risk,” said the former official.
The shift in tactics has created dangerous conditions for civilians and officers alike, said one former CBP oversight official with experience in internal use-of-force investigations. The official, who worked under both Republican and Democratic administrations, asked not to be named for fear of politicizing the work of their former unit.
“Attempting to conduct enforcement operations in chaotic urban environments where you’re having all kinds of unknown variables injected in the middle of your operation is extremely fraught,” said the former CBP official. “It’s risky for the public and it’s risky for the agents.”
I didn’t even see them. They didn’t pull me over, like with red and blue flashing lights. No, this was me at a stop sign, as if I was getting carjacked.”
Philip Brown, u.s. citizen shot at by agents
What remains unclear is whether DHS or any of the agencies under its umbrella are following up with officers after their operations go awry. When an agent fires their weapon, standard DHS protocol suggests placing the agent on administrative leave while ensuing investigations run their course. In her statement, McLaughlin said that “every use of force incident and any discharge of an ICE firearm must be properly reported and reviewed by the agency in accordance with agency policy, procedure, and guidelines.” She didn’t respond, however, when asked whether any agents involved in the shootings reviewed by MS NOW were placed on administrative leave.
Meanwhile, Trump administration officials have publicly urged ICE and Border Patrol agents to operate with little restraint. Five days after Good’s killing, DHS’ official X account reposted an October interview with White House deputy chief of staff Stephen Miller.
“To all ICE officers: You have federal immunity in the conduct of your duties,” Miller said. “You have immunity to perform your duties, and no one — no city official, no state official, no illegal alien, no leftist agitator or domestic insurrectionist — can prevent you from fulfilling your legal obligations and duties.”
“Who shot?”
At least three of the cases examined by MS NOW involved evidentiary and due process failures after the shootings, according to court records and interviews with defense attorneys.
Marimar Martinez, a U.S. citizen who was shot in Chicago in October, was the victim of one of these failures. DHS and federal prosecutors said she rammed her car into a government vehicle driven by the Border Patrol agent who shot her. The agent then drove the vehicle out of state and, with agency authorization, had it cleaned and repaired before Martinez’s defense team could inspect it. The agent also bragged about the hearing in text messages released as evidence in the criminal case, sending one text that read: “I fired 5 rounds and she had 7 holes. Put that in your books boys.”
Prosecutors later dropped the charges against Martinez.
In the case of Carlitos Ricardo Parias — a Mexican national and TikToker known by the moniker Richard LA for filming federal agents in Los Angeles — a federal judge threw out the indictment three days before it was set to go to trial, citing violations of Parias’ constitutional rights.
According to court documents, Border Patrol agents surrounded Parias’ car on Oct. 21 with a warrant for his arrest on immigration violations. Footage from a body camera worn by Border Patrol agent Jaime Avina shows that Parias, with his car boxed between two agents’ vehicles, accelerated in place, producing a thick plume of smoke. After the smoke cleared, Avina — who had his gun drawn — approached the smashed passenger-side window of Parias’ car and, while attempting to open the door from the inside, swapped the gun from his right hand to his left and fired it. The vehicle did not appear to be moving at the time.
“Oh!” Avina can be heard exclaiming in the video after firing the weapon. “Fuck!”
The bullet struck Parias in the elbow and ricocheted, striking an agent with the U.S. Marshals in the hand. Other agents yelled, “Who shot?” Avina backed away from the car and replied, “I shot.”
In a statement, McLaughlin said that Parias had “weaponized his vehicle and began ramming the law enforcement vehicle in an attempt to flee. Fearing for the safety of the public and law enforcement, our officers followed their training and fired defensive shots.”
Parias was charged in federal court with assaulting a federal officer with a deadly weapon, but authorities did not produce the body camera footage that cast doubt on the government’s version of events until six weeks after the incident — five days after the discovery deadline imposed by the court.
A federal judge dismissed the charges, citing the government’s failure to turn over evidence, as well as violations of Parias’ right to counsel. Court documents show that ICE, which had Parias in its custody at the time, repeatedly obstructed his lawyers’ efforts to meet with their client by, among other things, allowing their calls and emails to the ICE detention center to go unanswered for long periods of time.
The Department of Justice did not respond to a request for comment in this case, and DHS did not respond specifically to questions about its handling of evidence and due process after the incidents in question.
“As if I was getting carjacked”
In August, federal immigration agents began appearing on patrols in Washington alongside officers from the Metropolitan Police Department, following a Trump administration order temporarily federalizing the city’s police force under a declared “crime emergency.” During the 30-day takeover, ICE and Border Patrol personnel accompanied MPD officers on routine patrols. Although formal federal control expired in September, ICE and CBP agents continued operating in the district in visible coordination with local police.
On Oct. 17, on Benning Road NE, Philip Brown, a Black man and U.S. citizen originally from Brooklyn, New York, was in his Dodge Durango at a stop sign with another vehicle directly in front of him when armed men suddenly approached his car.
“I didn’t even see them,” Brown told MS NOW. “They didn’t pull me over, like with red and blue flashing lights. No, this was me at a stop sign, as if I was getting carjacked.”
An MPD officer present at the scene named Jason Sterling later testified in court that officers stopped Brown over his dark window tinting and a missing front license plate. As they approached, Sterling said he heard Brown’s car rev and then collide with the car in front of him, followed by the sound of gunshots. It was later determined in a preliminary court hearing that an agent with ICE’s Homeland Security Investigations — the agency’s criminal investigations division — fired his gun at Brown’s vehicle at least four times.
The bullets narrowly missed Brown. One went through the collar of his jacket.
“I’m still in shock from it,” Brown said.
Days later, DHS said in a statement that Brown had driven his car at officers “in a deliberate attempt to run them down.” Brown denies this, and Sterling testified in court that there were no officers positioned in front of Brown’s vehicle when he heard the gunshots.
Brown was charged with felony fleeing — not with assault or attempted assault on an officer. During the first hearing in D.C. Superior Court, Sterling admitted that, under the advice of another MPD official, he intentionally omitted the shooting from his police report. The judge dismissed the charges during the hearing, citing a lack of probable cause for the arrest and Sterling’s glaring omission from the charging documents.
Brown’s lawyer, E. Paige White, who used to work as a public defender in Washington, said the MPD officers’ actions were unusual and likely influenced by the presence of armed federal agents.
“The feds being involved makes it totally different,” she told MS NOW. “The MPD is not moving the way the MPD normally moves.”
White is still awaiting the results of an investigation MPD said it was conducting into the incident. Brown, meanwhile, has watched events unfold in Minneapolis and feels grateful to be alive.
“Those three bullets that they let off at [Good] are the same three bullets that they let off at me,” Brown said. “I just so happen to be the survivor. I’m able to see my daughter turn 5 years old.”
If federal agencies continue to subvert law enforcement norms while carrying out Trump’s escalating federal crackdown on American cities, White worries that Brown’s experience — and Good’s — will become more common.
“These agents have escalated what’s always been a problem with policing in America to a level that none of us have seen before,” said White. “I think that we’re going to see a lot more people get killed.”
This story is part of Cities Under Siege, an MS NOW effort to document how the Trump administration’s aggressive immigration enforcement tactics are affecting communities across America.
David Noriega is a MS NOW Reporter based in Los Angeles.
Kay Guerrero
Kay Guerrero is a senior producer of newsgathering for MS NOW.
The Dictatorship
NOT AGAIN: Federal officers shoot another person in Minneapolis… Developing…
MINNEAPOLIS (AP) — A federal immigration officer shot and killed a man Saturday in Minneapolis, drawing hundreds of protesters onto the frigid streets and ratcheting up tensions in a city already shaken by another fatal shooting weeks earlier.
Family members identified the man who was killed as Alex Prettia 37-year-old intensive care unit nurse who had protested President Donald Trump’s immigration crackdown in his city. After the shooting, an angry crowd gathered and protesters clashed with federal immigration officers, who wielded batons and deployed flash bangs.
The Minnesota National Guard was assisting local police at the direction of Gov. Tim Walz, officials said. Guard troops were sent to both the shooting site and to a federal building where officials have squared off with protesters daily.
Information about what led up to the shooting was limited, Minneapolis Police Chief Brian O’Hara said.
Department of Homeland Security spokesperson Tricia McLaughlin said in a statement that federal officers were conducting an operation and fired “defensive shots” after a man with a handgun approached them and “violently resisted” when officers tried to disarm him.
In bystander videos of the shooting that emerged soon after, Pretti is seen with a phone in his hand but none appears to show him with a visible weapon.
Stay up to date with the news and the best of AP by following our WhatsApp channel.
O’Hara said police believe the man was a “lawful gun owner with a permit to carry.”
DHS Secretary Kristi Noem said during a news conference that Pretti had shown up to “impede a law enforcement operation.” She questioned why he was armed but did not offer detail about whether Pretti drew the weapon or brandished it at officers.
The officer who shot the man is an eight-year Border Patrol veteran, federal officials said.
Trump weighed in on social media by lashing out at Walz and the Minneapolis mayor.
Trump shared images of the gun that immigration officials said was recovered and said: “What is that all about? Where are the local Police? Why weren’t they allowed to protect ICE Officers?”
Trump, a Republican, said the Democratic governor and mayor are “are inciting Insurrection, with their pompous, dangerous, and arrogant rhetoric.”
Pretti was shot just over a mile from where an Immigration and Customs Enforcement officer shot and killed 37-year-old Renee Good on Jan. 7, sparking widespread protests.
Pretti’s family released a statement Saturday evening saying they are “heartbroken but also very angry,” and calling him a kindhearted soul who wanted to make a difference in the world through his work as a nurse.
“The sickening lies told about our son by the administration are reprehensible and disgusting. Alex is clearly not holding a gun when attacked by Trump’s murdering and cowardly ICE thugs. He has his phone in his right hand and his empty left hand is raised above his head while trying to protect the woman ICE just pushed down all while being pepper sprayed,” the family statement said. “Please get the truth out about our son. He was a good man.”
Video shows officers, man who was shot
In a bystander video of Saturday’s shooting obtained by The Associated Press, protesters can be heard blowing whistles and shouting profanities at federal officers on Nicollet Avenue.
The video shows an officer shoving a person who is wearing a brown jacket, skirt and black tights and carrying a water bottle. That person reaches out for a man and the two link up, embracing. The man, wearing a brown jacket and black hat, seems to be holding his phone up toward the officer.
The same officer shoves the man in his chest and the two, still embracing, fall back.
The video then shifts to a different part of the street and then comes back to the two individuals unlinking from each other. The video shifts focus again and then shows three officers surrounding the man.
Soon at least seven officers surround the man. One is on the man’s back and another who appears to have a canister in his hand strikes a blow to the man’s chest. Several officers try to bring the man’s arms behind his back as he appears to resist. As they pull his arms, his face is briefly visible on camera. The officer with the canister strikes the man near his head several times.
A shot rings out, but with officers surrounding the man, it’s not clear from where the shot came. Multiple officers back off the man after the shot. More shots are heard. Officers back away and the man lies motionless on the street.
The police chief appealed for calm, both from the public and from federal law enforcement.
“Our demand today is for those federal agencies that are operating in our city to do so with the same discipline, humanity and integrity that effective law enforcement in this country demands,” the chief said. “We urge everyone to remain peaceful.”
Gregory Bovino of U.S. Border Patrol, who has commanded the Trump administration’s big-city immigration campaign, said the officer who shot the man had extensive training as a range safety officer and in using less-lethal force.
“This is only the latest attack on law enforcement. Across the country, the men and women of DHS have been attacked, shot at,” he said.
Walz said he had no confidence in federal officials and that the state would lead the investigation into the latest fatal shooting.
But Drew Evans, superintendent of the Minnesota Bureau of Criminal Apprehension, said during a news conference that federal officers blocked his agency from the shooting scene even after it obtained a signed judicial warrant.
Amid the unrest, Senate Democratic Leader Chuck Schumer said Democrats will not vote for a spending package that includes money for DHS. Schumer’s statement increases the possibility that the government could partially shut down on Jan. 30 when funding runs out.
Protests continue in Minneapolis
Protesters converged at the scene of the shooting despite dangerously cold weather.
At midday Saturday, the worst of an extreme cold wave was over, but the temperature was still -6 degrees (-21 Celsius).
After the shooting, an angry crowd gathered and screamed profanities at federal officers, calling them “cowards” and telling them to go home. One officer responded mockingly as he walked away, telling them: “Boo hoo.” Agents elsewhere shoved a yelling protester into a car. Protesters dragged garbage dumpsters from alleyways to block the streets, and people who gathered chanted, “ICE out now” and “Observing ICE is not a crime.”
As dark fell, hundreds of people gathered quietly by a growing memorial at the site of the shooting. Some carried signs saying “Justice for Alex Pretti.” Others chanted Pretti’s and Good’s names. A doughnut shop and a clothing store nearby stayed open, offering protesters a warm place as well as water, coffee and snacks.
Caleb Spike said he came from a nearby suburb to show his support and his frustration. “It feels like every day something crazier happens,” he said. “What’s happening in our community is wrong, it’s sickening, it’s disgusting.”
___
The age of the man who was shot has been corrected to 37, per information from the police chief. The AP previously reported his age as 51 based on a hospital record.
___
Santana reported from Washington. Associated Press writers Giovanna Dell’Orto, Tim Sullivan and Sarah Raza in Minnesota, Jim Mustian in New York, Michael Catalini in New Jersey and Christopher Weber in Los Angeles also contributed.
The Dictatorship
Renée Fleming cancels Kennedy Center shows amid Trump-era changes
NEW YORK (AP) — Renée Fleming has withdrawn from two scheduled May appearances at the Kennedy Center, the latest in a wave of cancellations since President Donald Trump ousted the previous leadership and the new leadership’s announcement that the venue would be renamed the Trump Kennedy Center.
The Grammy-winning soprano was to have appeared with conductor James Gaffigan and the National Symphony Orchestra. Her decision is unsurprising; a year ago she resigned as “Artistic Advisor at Large,” citing the forced departures of Kennedy Center Chair David Rubenstein and its president, Deborah Rutter. The center itself referred to “a scheduling conflict” as the reason she dropped out of the May concerts.
“A new soloist and repertoire will be announced at a later date, and the remainder of the program remains unchanged,” reads a statement on the Kennedy Center web site that was posted this week. Fleming did not immediately respond to a request for comment.
Lin-Manuel Miranda, Bela Fleck and Issa Rae are among the many other artists who have called off events at the Kennedy Center, which has been part of Trump’s broader attack on what he calls “woke” culture. Earlier this month, the Washington National Opera announced it was severing ties with the Kennedy Center, where it had performed since 1971.
The musical presenters Vocal Arts DC, who earlier this week called off three Kennedy Center concerts because of “financial circumstances,” announced Friday they had found new venues for such scheduled performers as tenor Benjamin Bernheim and pianist Carrie-Ann Matheson. Bernheim and Matheson will appear next month at George Washington University, where the Washington National Opera is staging two operas this spring.
The Dictatorship
The Supreme Court’s view of expanded executive power leaves one open question: the Fed
WASHINGTON (AP) — The Supreme Court for the past year has repeatedly allowed President Donald Trump to fire heads of independent agenciesbut it appears to be drawing a line with the Federal Reserve.
The court has signaled for months that it sees the Fed in a different light. It has said that the president can fire directors of other agencies for any reason, but can remove Fed governors only “for cause,” which is often interpreted to mean neglect of duty or malfeasance.
Last year, the court allowed President Donald Trump to fire — at least temporarily — Gwynne Wilcox, a member of the National Labor Relations Board, and Cathy Harris, a member of the Merit Systems Protection Board, but it carved out a distinction for the Fed. The two officials had argued that if Trump could fire them, he could also fire members of the Fed’s board of governors.
“We disagree,” the court said then. “The Federal Reserve is a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States.”
That is now being put to the test in a case in front of the Supreme Court involving Trump’s attempt to remove Fed governor Lisa Cook. On Wednesday during oral arguments, the court seemed inclined to keep Cook in her job.
Allowing Cook’s firing to go forward “would weaken, if not shatter, the independence of the Federal Reserve,” said Justice Brett Kavanaugh, one of three Trump appointees on the nation’s highest court.
But the court largely skirted a key issue: What, exactly, is the legal principle that protects the Fed, but not the other agencies?
Several legal experts say the justices are on shaky ground. The Fed, they argue, is similar in many ways to the Federal Trade Commission or the National Labor Relations Board, agencies Congress intended to be independent but whose officials Trump has been able to fire without pushback from the high court.
“There’s no historical grounds for distinguishing the Fed from other independent agencies that Congress has designed,” said Jane Manners, a law professor at Fordham University. “The whole argument was premised on the idea that the Fed is different. They haven’t explained exactly why.”
Peter Conti-Brown, a professor of financial regulation at the University of Pennsylvania, added, “I’ll say as a legal scholar and as a historian I think that differentiation is hocus pocus.”
Just last month, the court signaled in a separate oral argument that it would likely allow Trump to fire FTC Commissioner Rebecca Slaughter. The conservative majority on the court also suggested it would overturn a 90-year-old precedent that sharply limited the president’s ability to fire top officials at independent agencies.
Chief Justice John Roberts and many of his colleagues support the “unitary executive” theory, which holds that the president should have full sway over the staffing of agencies in the executive branch.
Agency directors, like Slaughter, “are exercising massive power over individual liberty and billion-dollar industries” without being accountable to anyone, Kavanaugh said at the December oral argument.
With the Federal Reserve, however, the Supreme Court’s conservative justices have applied a different view: that the Fed’s monetary policy — the setting of short-term interest rates and management of the money supply — historically hasn’t been overseen by the executive branch.
Some legal experts have likewise drawn a distinction between the Fed and other independent agencies. In a brief filed in the Cook case, Aaron Nielson, a law professor at the University of Texas, and formerly a top lawyer in Texas government, wrote that, “Whereas the modern FTC indisputably exercises executive power, the Fed’s core function is monetary policy, which need not and often does not require executive power.”
The First and Second Banks of the United States were nationwide banks that were the closest the United States had to a central bank in the first few decades after the nation’s founding, and both “conducted early monetary policy,” Nielson wrote, but weren’t executive branch agencies.
But Lev Menand, a law professor at Columbia University and author of a book about the Fed, argued that the Fed does exercise executive power when it regulates the banking system. And monetary policy, when it adjusts the money supply, is part of that regulation, he said.
There are also only three types of government authority, Menand argues: legislative, executive, and judicial, and the Fed belongs in the executive category.
“There is no fourth type of government power,” Menand said. “There is no other place to locate the Fed.”
Still, the justices mostly avoided addressing why the Fed is different during Wednesday’s oral argument, in part, Menand noted, because neither side pushed it. Cook’s lawyers had no reason to question a distinction that appeared to favor them.
And even the government’s own top Supreme Court lawyer, D. John Sauer, acknowledged that Trump could only fire Cook “for cause,” while in the other cases the White House had sought to remove officials for any reason, including policy differences. The distinction made it harder for the White House to argue that Cook should immediately be removed from office.
“There is a long tradition of having this exercise of monetary policy be exercised independent of executive influence,” Sauer said. “And we don’t dispute that that’s what Congress was doing.”
Paul Clement, one of Cook’s lawyers, told the justices, “it’s kind of why this case is, I think, problematic for the government because they could have come in here and said, you know, Fed, schmed, it’s not that different. This is just like the FTC.”
Instead, Clement added, “they come in and say, no, we’re going to accept that the Fed is different, at least for purposes of this case.”
The Supreme Court will initially rule on the narrow question of whether Cook can remain in her position while the larger dispute over her firing is fought in the lower courts. Still, at some point it may have to issue more comprehensive rulings that could include a fuller explanation of why the justices see the Fed as different.
For now, the Fed’s size and impact on the financial markets may be offering it a measure of protection.
“I don’t mean to denigrate any other agency, but there’s a reason that monetary policy has been treated differently, for lo these many years,” Clement said. “And there’s a reason that the markets watch the Fed a little more closely than they watch really any other agency of government.”
-
The Dictatorship11 months agoLuigi Mangione acknowledges public support in first official statement since arrest
-
Politics11 months agoFormer ‘Squad’ members launching ‘Bowman and Bush’ YouTube show
-
The Dictatorship5 months agoMike Johnson sums up the GOP’s arrogant position on military occupation with two words
-
Politics11 months agoBlue Light News’s Editorial Director Ryan Hutchins speaks at Blue Light News’s 2025 Governors Summit
-
The Dictatorship11 months agoPete Hegseth’s tenure at the Pentagon goes from bad to worse
-
Politics11 months agoFormer Kentucky AG Daniel Cameron launches Senate bid
-
Uncategorized1 year ago
Bob Good to step down as Freedom Caucus chair this week
-
Politics9 months agoDemocrat challenging Joni Ernst: I want to ‘tear down’ party, ‘build it back up’




