If you’re in the Washington, D.C. area at the end of this month, I want to invite you to join us for our first-ever TPM Morning Memo event. As you know, Morning Memo, from TPM’s David Kurtz, is now our anchor daily summary and analysis of the inner workings of Donald Trump’s assault on the American republic. That centrality will only grow over the course of the the coming year. The Justice Department, as we’ve seen again just in the last 24 hours with the sham investigation into Jerome Powell, is at the center of the corruption. So on Jan. 29 we’ve hosting a Morning Memo discussion about the corruption and politicization of the Department of Justice under the second Trump administration. The panelists include:
Stacey Young, a former 18-year DOJ veteran who is the founder and executive director of Justice Connection, a network of DOJ alumni providing support to current and recent DOJ employees;
Aaron Zelinsky, a former assistant U.S. attorney in Maryland who served on Special Counsel Robert Mueller’s team, where he prosecuted Roger Stone, and who is now a partner at Zuckerman Spaeder in Baltimore; and
Anna Bower, a senior editor at Lawfare who covers rule of law issues and fields wacky Signal messages from Lindsey Halligan.
Attendees are encouraged to ask their own questions, and to join the panelists for a reception after. Tickets are free for TPM Inside members, who received a special discount code via email. If you’d like to purchase tickets, you can purchase them here. I’d love to see you there as we dig into this critical part of our present crisis.
I want to return to a topic I’ve alluded to in several recent posts. The U.S. Constitution, U.S. law and U.S. civic culture all have a deep resistance to the use of the military in civilian spaces, except under the most extreme circumstances. Even then, we rely almost exclusively on what are in effect state and part-time militias, which are incorporated into the federal U.S. military but still distinct from it, at least largely based in the communities in which they are occasionally deployed. This issue came to the fore early in the second Trump administration with federalized National Guard troops deploying in various blue states and even “hostile” red states at least offering to deploy their guards into blue states. But the real game is Immigration and Customs Enforcement and Customs and Board Patrol and other, increasingly super-sized federal policing forces within the Department of Homeland Security. And they’re not military.
Over time, I’ve realized I’m being too literal about this. As a legal and constitutional matter, these aren’t military forces. They’re civilian policing agencies. But the aversion to military deployments in civilian areas isn’t simply a matter of technical designations, the formal unfreedoms of military service, the different legal code, the focus on war-fighting. There is a substantive reality of the desire to menace and dominate civilian spaces as though they are enemy territory, conquered rather than governed.
I’ve seen some comments that whatever the hideousness of it, President Trump’s and the GOP’s insistent defense of Minneapolis shooting is actually good politics — the thinking being that it pulls the public conversation away from Jeff Epstein and the cost of living and refocuses it on to protestors and blue cities, things that feel like they’re in the GOP’s comfort zone. I don’t buy this. It is in their comfort zone. But comfort zones don’t equal good politics.
If you’ve been watching reportage and viral videos of immigration raids over the last six months, you’ll remember that often there will be law enforcement officers or agents with uniforms that simply say “DHS Police.” Not Immigration and Customs Enforcement or Customs and Border Patrol, just “DHS Police.” As far as I know, there is no such agency under DHS. DHS employs some 80,000 law enforcement officers spread across nine agencies and offices. So I think that the uniforms just provide a general designation that these are law enforcement officers from within the Department of Homeland Security. That’s a vast amount of coercive power concentrated in this one department, notwithstanding the fact that most of these offices and agencies exist for fairly narrow areas of enforcement, administering points of entry into the U.S., inspecting persons and luggage getting on to commercial passenger jets, protecting federal officials and federal installations.
But what was clear from DHS’s creation was that that power could all be directed and concentrated toward some corrupt or illegitimate purpose. And that, among many other things, is what we’ve seen over the last year.
People who don’t like Donald Trump are kinda gun-shy talking about turning points. Turning points of course can mean very many things. But as I watched first the videos of the murder of Renee Nicole Good and even more the official reactions to it I’ve started to think that we’re in the process of seeing one. I don’t mean Donald Trump is doomed politically, though perhaps he is. I mean a turning point in the public perception of ICE (and the Border Patrol) and their newly hyper-militarized role in American cities beginning last summer.
What we see in the videos of Good’s shooting is some mix of a moment of confusion or perhaps minor panic on the part of Good as the driver. And we see this ICE agent draw his weapon in a fairly calm and methodical way and fatally shoot Good in the face.
I remember not so many months ago wondering if I was pushing the envelope a bit by writing that the Justice Department was being run out of the Trump White House. Since those quaint times, evidence has continued to amass that that is exactly how things are being run, but both the White House and Justice Department preferred to maintain the fiction that they were separate entities. Until today.
Here’s what Vice President JD Vance announced midday in a White House press appearance (emphasis mine):
