The Dictatorship
Trump’s DOJ often tries to deny reality. Judge Frimpong wasn’t amused.
Los Angeles is a city under attack. Spurred on by White House deputy chief of staff Stephen Miller’s outrage that Immigration and Customs Enforcement has not been deporting enough people, ICE agents have been sweeping through the city, often clad in full military attire like a conquering army. Photographs and videos document ICE’s “arrest first and ask questions later” approach on a daily basis.
On Friday, U.S. District Judge Maame E. Frimpong ordered ICE to stop “conducting roving patrols without reasonable suspicion and denying access to lawyers.” She refused to be taken in by the Trump administration’s fog of deception and disinformation. “The federal government agrees: Roving patrols without reasonable suspicion violate the Fourth Amendment and denying access to lawyers violates the Fifth Amendment,” she wrote. “What the federal government would have this Court believe — in the face of a mountain of evidence presented in this case — is that none of this is actually happening.”
The evidence is clear that they’re looking at race.”
Mohammad Tasjar, attorney for the ACLU of Southern California
Frimpong’s ruling should be required reading for every American. She modeled the kind of resistance that is essential in the face of the administration’s concerted attack on facts, truths and common sense. Her “believe what you see, not what they say” response sets an example for all Americans who wish to resist an authoritarian takeover in this country.
The Courthouse News Service reports that, at a hearing held Thursday, the government wanted the judge to believe “that the ICE raids were sophisticated operations, based on surveillance and information from other law enforcement agencies targeting specific individuals.” According to CNS, lawyers for the Justice Department argued that ICE could “also stop and question other individuals there who they suspected were immigrants without legal status….” That would be acceptable, a DOJ lawyer argued, based on the “totality of the circumstances.”
The government offered these claims against the weight of the evidence and out-of-court statements. In an appearance last week on Fox News, the administration’s border czar Tom Homan included “physical appearance” in the list of things that ICE takes into account during their patrols in Los Angeles. At the Thursday hearing, the American Civil Liberties Union argued that ICE was engaging in racial profiling, targeting members of the Hispanic community and ignoring people of European ancestry who might be in the country illegally. “The evidence is clear that they’re looking at race,” Mohammad Tasjar, an attorney for the ACLU of Southern California, told Frimpong. Even a lawyer for the government acknowledged that “agents can’t put blinders on.”
During the hearing, as The New York Times reported, the judge “was skeptical of the government’s assertions that it was not violating the constitutional rights of people and that agents were stopping immigrants based on ‘the totality of circumstances,’ rather than relying on race.”
That skepticism was reflected in the 52-page opinion the judge handed down one day later. Frimpong wrote that the migrants who filed suit were likely to prevail in their claim that ICE had no legitimate basis to stop and detain most of the people caught up in its military style operations in Los Angeles. She found that the ICE operation constituted a “threatening presence” that left people fearful that they were being “kidnapped.” The judge ordered that, when conducting such operations, the government must stop relying on factors such as race, ethnicity, speaking Spanish, speaking English with an accent, presence at a particular location, or type of work.
This judge’s insistence that reality does in fact matter is particularly important.
Frimpong seemed particularly disturbed by the government’s failure to “acknowledge the existence of roving patrols at all.” As she put it, “the evidence before the Court at this time portrays the reality differently.” She also noted that the government had failed to provide any evidence that what ICE is doing could pass constitutional muster, despite “having nearly a week” to do so.
This judge’s insistence that reality does in fact matter is particularly important in the face of an administration that time and again demands Americans accept whatever it says.
In the immigration context at least, that ploy seems not to be failing. A recent Gallup poll found that 79% of respondents say immigration is “a good thing” for the country versus just 20% who say it is a “bad thing.” Just a year ago, those numbers were 64% and 32% respectively. The percentage of Americans who want to see a decrease in immigration also sharply declined, from 55% in 2024 to 30% today. And 62% of Americans now disapprove of President Trump’s handling of immigration.
Judge Frimpong’s determined refusal to be deceived by the administration’s smoke and mirrors and her rebuke of ICE’s “roving patrols” shows other members of the judiciary — and the rest of the country — that the White House’s rationalizations of its immigration policy deserve not a shred of deference. It should serve as a wake-up call to all of us and a reminder of the damage the administration’s anti-immigrant crusade is doing to our constitutional order.
Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. The views expressed here do not represent Amherst College.
FORT WORTH, Texas (AP) — Eight protesters accused by the Justice Department of having ties to antifawere sentenced Tuesday to decades in federal prison over a shooting outside a Texas immigration detention center that wounded a police officer. Prosecutors have called the shooting an act of terrorism.
One of the defendants, a former U.S. Marine Corps reservist convicted of opening fire during the July 4 demonstration outside the Prairieland Detention Center near Dallas, was sentenced to 100 years in prison, the maximum punishment.
The lengthy sentences were condemned by family members and supporters in a news conference outside the federal courthouse in Fort Worth. Hope Song, whose son Benjamin Songreceived the heftiest sentence, disputed prosecutors’ claims that her son shot the officer and said he didn’t intend to hurt anyone.
U.S. District Judge Reed O’Connor, one of two judges overseeing the proceedings, said what happened wasn’t a protest but “an assault on democracy.”
“The need to deter this type of conduct is high,” O’Connor said.
The seven other protesters received prison terms ranging from 30 to 70 years.
Prosecutors said the eight are members of antifa, a decentralized anti-fascist organization and a targetof the Trump administration. Antifa is not a single organization but rather an umbrella term for far-left militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.
President Donald Trump last fall signed an executive order designating antifa a domestic terrorist organization, even though there is no domestic equivalent to the State Department’s list of foreign terror organizations.
The defendants deny any affiliation with antifa and maintain they attended the demonstration in support of detained immigrants.
Prosecutor Frank Gatto urged the judge to impose stiff penalties.
“People with that kind of extremist beliefs need extra time in prison,” Gatto said. “They believe violence is justified.”
Phillip Hayes, Song’s attorney, said outside the courthouse that he takes issue with the idea that the protesters are extremists.
“This is a bunch of kids and young adults who really have a really big heart and really wanted their voice to be heard,” Hayes said. “It was never intended that anybody get hurt. It was never intended that any shots would be fired.”
Prosecutors said in court that Song had yelled “get to the rifles” and opened fire, striking a police officer who had just pulled up to the center.
Hayes argued that Song’s shots were “suppressive fire” and that a ricochet bullet hit the officer after he arrived on the scene and “aggressively” pulled out his firearm. He said his client will appeal the 100-year sentence.
“Song, aside from this day, has had an impeccable life. A former Marine. A good student,” Hayes said. “He had a lot of good qualities that were just ignored. The judge went ahead and gave as much as he could.”
Other defendants and their family members pleaded for leniency in court.
Autumn Hill said the gathering “seemed more like a party to me than anything else” and that she and others who participated “didn’t expect or want any violence or destruction of property to occur.”
Amber Lowrey told the judge that her sister, Savanna Batten, is a compassionate person with dreams of opening a bakery. She said Batten’s activism started with animal rights and evolved into anti-war and human rights advocacy.
“She’s the best person I know,” Lowrey said.
Hill and Batten both received 50-year sentences.
Other defendants previously pleaded guilty to providing material support to terrorists rather than take their case to trial.
Critics warn the case could have a wide-reaching impact on protests given that organizations operating within the U.S. are supposed to be protected by First Amendment free-speech rights.
Last week, federal prosecutors charged 15 peoplewith impeding the Trump administration’s immigration crackdownin Minnesota. They claimed the demonstrators were members of antifa who conspired against the federal government to block arrests and deportations by setting up blockades around government buildings and throwing chunks of ice at federal vehicles, among other actions.
The Dictatorship
Tulsi Gabbard and Senate GOP face difficult new questions over influence of her ‘guru’
About a month into Donald Trump’s second term, Senate Republicans weighed whether to confirm one of the president’s worst nominees. Indeed, the list of reasons to reject Tulsi Gabbard’s nomination for director of national intelligence was not short.
The former congresswoman lacked the requisite experience in intelligence matters. She had an indefensible habit of echoing Russian propaganda. She struggled to explain her record of defending Bashar al-Assad’s Syrian regime. Senators heard from former national security officials who issued unsubtle warnings about elevating Gabbard to an important and influential position.
But in case that weren’t quite enough, let’s also not overlook the fact that Gabbard was a member of a secretive Hare Krishna offshoot religious sect that is considered by many of its former members to be an abusive cult.
Gabbard, who wrapped up her tenure as DNI last week, has long insisted that any suggestion that she was somehow enthralled to or controlled by this sect or its leader, whom she has referred to as her “guru,” is just bigotry against her faith.
But it’s against this backdrop that The Washington Post obtained hundreds of secret memos prepared for Gabbard during her congressional tenure, which were put together by members of the alleged cult and which included thousands of pages of specific directives to her on policy and politics.
After careful analysis of thousands of these documents, which have not been independently verified by MS NOW, the Post determined that they likely came from Gabbard’s secretive guru, a man named Chris Butler.
The memos, starting in 2013, when the Hawaiian first arrived on Capitol Hill, reflect a dynamic in which Gabbard didn’t just take direction from the materials, but essentially took dictation from the alleged cult leader: Memos told Gabbard what she should do as a member of Congress, and she often did exactly that, sometimes word for word.
The Post’s Jon Swaine spent months trying to get Gabbard to respond to questions, but to no avail. Her spokeswoman reportedly encouraged Swaine to drop the story, saying, “I cannot imagine WaPo’s readers would be interested in yet another uncredible, bigoted attack on the DNI’s faith.”
On May 20, Swaine nevertheless alerted the DNI and top members of her staff to the fact that the Post was prepared to publish his reporting anyway on her association with Butler.
On May 22, Fox News reported that Gabbard was leaving the administration, ostensibly because of a health issue involving her husband.
This week, Senate Minority Leader Chuck Schumer spoke on the Senate floor and commented on the reporting:
There are reports that Tulsi Gabbard was receiving instructions from a so-called guru and repeating them word for word. That ought to concern all of us if it’s true. No one knows who this guru really is, what his connections are, and where the instructions came from. … We need answers.
The New York Democrat’s comments made sense, though it’s worth considering who, exactly, “we need answers” from.
It stands to reason, for example, that Gabbard has some explaining to do, but I’m also interested in the answers from those who elevated her to an influential intelligence office in the first place.
In February 2025, confronted with an avalanche of reasons to reject Gabbard’s nomination, 52 Senate Republicans — every GOP member except Kentucky’s Mitch McConnell — shrugged off every red flag and voted to confirm her as the nation’s DNI, including so-called “moderates” such as Maine’s Susan Collins and Alaska’s Lisa Murkowski.
The question for these 52 senators seems obvious: Do you regret that confirmation vote and now recognize it as a mistake? Or do you still think it was a good idea to put Gabbard in this influential intelligence position?
Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”
In the lead-up to the Iran war, President Donald Trump dismissed the possibility that Tehran would close the Strait of Hormuz despite warnings from his top military adviser, authors of a new book told MS NOW’s Lawrence O’Donnell on Monday.
In their first televised interview about “Regime Change: Inside the Imperial Presidency of Donald Trump,” New York Times reporters Maggie Haberman and Jonathan Swan said Trump also disregarded warnings from Gen. Dan Caine, the chairman of the Joint Chiefs of Staff, about the potential effects on American weaponry and about casualties.
The initial closure of the strait, a narrow passageway through which a fifth of the world’s oil passes, led to a spike in gas and oil prices. According to Swan, Trump thought Iran would have limited time to take action because the war would be over quickly — a claim he has made repeatedly during the nearly four-month-long war.
“He felt that this regime was a paper tiger, that this was going to be a fast war,” Swan said on “The Last Word.” “He just said he felt that that was going to be the case, that they were going to collapse very quickly.”
“It’s a form of magical thinking, actually, is what it all boils down to,” he added.
The revelation is just one of several in the book — which is based on more than 1,000 interviews — that illustrate how Trump repeatedly bases geopolitical decisions on his own whims rather than experts’ assessments.
Another example of such thinking was when Trump floated a plan to expel 2 million Palestinians from Gaza so he could turn it into the “Riviera of the Middle East.” Haberman and Swan wrote in the book that one senior aide characterized the idea as “legitimately nutso … but very on-brand.”
Haberman also spoke about “how scared” people were inside the White House ahead of last year’s so-called Liberation Daywhen Trump unveiled sweeping global tariffs. (The Supreme Court struck down those tariffs in February.)
“They were scared at how close the bond markets came to just completely melting down seven days later, which was finally what got him [Trump] off of it, but again, it was the willingness to just go straight to the brink” that was jarring, Haberman said.
Despite such fear among Trump’s staff, Haberman added, the White House makes up “a group of people who genuinely want to see him succeed.”
Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky.
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