Lawlessness Is Becoming Policy Under Trump (w/ Andrew Weissmann) | The Illegal News
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Summary
Takeaways
- ❖An ICE agent shot and killed Renee Nicole Good, an unarmed US citizen, in Minnesota; the administration immediately defended the agent, claiming self-defense despite video evidence suggesting otherwise.
- ❖The FBI's refusal to collaborate with local law enforcement on the Minnesota shooting investigation is highly unusual and raises concerns about a potential cover-up.
- ❖A federal judge in Long Island, Gary Brown, detailed how ICE held an immigrant, Aaron Anthony Clark, and others in a 6x6 foot cell with an open toilet for days, lacking basic hygiene and heating, violating due process.
- ❖ICE allegedly refused to provide court-ordered photographs of detention conditions and delayed the release of a detainee despite a judge's direct order.
- ❖Andrew Weissmann states that ICE leadership, as noted by former Chief Judge Beryl Howell, incorrectly believes arrests can be made based on 'reasonable suspicion' instead of the higher standard of 'probable cause'.
- ❖The administration's alleged denigration of domestic and international law, exemplified by statements like 'international law is fake and gay,' reflects a 'might makes right' mentality.
- ❖Judges are urged to take decisive action against government lawyers who make false representations or defy court orders, as inaction normalizes such behavior.
Insights
1ICE Agent Shooting and Alleged Cover-Up in Minnesota
A masked ICE agent fatally shot Renee Nicole Good, an unarmed 37-year-old US citizen, in Minnesota. The Trump administration immediately defended the agent, claiming self-defense, which host Sarah Longwell disputes based on video evidence. Andrew Weissmann, former FBI General Counsel, states the FBI's subsequent refusal to work with local law enforcement on the investigation is 'not normal at all' and 'smacks of wanting to do a whitewash,' indicating a lack of transparency and accountability.
Host Sarah Longwell's description of the event and the administration's defense (), Andrew Weissmann's assessment of the FBI's non-cooperation ().
2Systemic Due Process Violations and Inhumane Conditions in ICE Detention
Federal Judge Gary Brown in Long Island issued an opinion detailing 'appalling' conditions in an ICE detention center. Immigrant Aaron Anthony Clark and eight others were held in a 6x6 foot cell with an open toilet, lacking bunks, bedding, soap, showers, toothbrushes, or clean clothes, in unheated conditions. ICE allegedly refused to provide court-ordered photographs and delayed Clark's release despite the judge's order, demonstrating a disregard for judicial authority and basic human rights.
Andrew Weissmann's recounting of Judge Brown's decision and the specific conditions described (), ICE's refusal to provide photos and delayed release ().
3ICE's Misunderstanding of Arrest Standards and Lawlessness
Andrew Weissmann points to a decision by former Chief Judge Beryl Howell, which revealed that ICE leadership believes they can arrest people based on 'reasonable suspicion' rather than the legally required 'probable cause.' This fundamental misunderstanding of constitutional standards, combined with statements from figures like Stephen Miller denigrating international law as 'the law of the jungle' or 'fake and gay,' illustrates a pervasive 'lawlessness' within the administration.
Weissmann's reference to Judge Howell's decision on ICE's incorrect arrest standard () and Stephen Miller's views on international law ().
4Judicial Inaction Normalizes Government Defiance
Weissmann argues that judges, despite their oath of office, often 'saber rattle but rarely pull the trigger' when government lawyers lie or defy court orders. This reluctance, potentially driven by fear of vilification or threats, normalizes government misconduct. He stresses that judges must take strong action, such as contempt charges or bar referrals, to uphold the rule of law.
Weissmann's commentary on judges' reluctance to act against government misconduct () and the consequences of inaction ().
Lessons
- Demand accountability from government agencies: Citizens should be aware of instances where government agencies, particularly law enforcement, allegedly operate outside legal bounds and push for thorough investigations and consequences.
- Support judicial independence: Recognize the critical role of judges in upholding the rule of law and advocate for their ability to enforce court orders without political interference or fear of reprisal.
- Stay informed on 'under the radar' legal issues: Actively seek out information on less-publicized court decisions and government actions that impact civil liberties and legal standards, as these often reveal systemic problems.
Quotes
"That is not normal at all. The FBI is usually the one that wants to do that. They need them... To me, it really smacks of wanting to do a whitewash of what happened here."
"You are watching these untrained people and your government lie to you about this situation."
"It is unbelievable that up one side and down the other... citing the wrong standard for when you can physically seize people and take their liberty."
"He says appallingly in this matter little of the following is disputed. Mr. Clark became one of nine men locked in a putrid and cramped hold room, a small cell containing an open toilet designed to briefly detain a single individual."
"You let them lie to you once, they will just do it all the time."
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