"Not Above the Law": Law Prof. Michele Goodwin Decries Violent ICE Activity in Minnesota
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Summary
Takeaways
- ❖ICE operations in Minnesota, including brutal arrests and pepper-spraying of protesters, were deemed 'extraordinary' and unlawful by a federal judge.
- ❖Professor Goodwin argues that current federal government actions in Minnesota represent a dangerous inversion of its role during the Civil Rights movement, where it now acts as the violator of constitutional rights.
- ❖The U.S. Justice Department faces significant 'disarray' due to widespread departures of expert personnel and politicization, impacting its capacity to function impartially.
- ❖The rule of law applies to all branches of government and law enforcement, state or federal; federal affiliation does not grant immunity from constitutional and legal norms.
Insights
1ICE's Unlawful Conduct in Minnesota
A federal judge issued an 'extraordinary' order compelling ICE to cease arresting and pepper-spraying peaceful protesters in Minnesota. This ruling confirms that ICE's actions, including breaking into homes and detaining individuals without due process, were unlawful and unconstitutional, differing significantly from standard operations.
A federal judge ruled Friday ICE agents must stop arresting or pepper spraying protesters. () Professor Goodwin states, 'the conduct that's taken place in this particular surge by ICE is not something that is usual. It's not something that has been lawful. It's not something that has been constitutional.' ()
2Reversal of Federal Government's Role from Civil Rights Era
Professor Goodwin draws a stark contrast between the federal government's role during the Civil Rights movement, where it upheld constitutional rights against state-level unlawfulness (e.g., integrating universities), and its current actions in Minnesota, where it is accused of being the perpetrator of lawlessness against citizens.
The only difference then is that it was the federal government looking to uphold the constitution... But here you have an inverse, a reverse of that. () What we see now... is the fact that what the lawlessness that has taken place has actually been conducted by the federal government. ()
3Justice Department in 'Disarray' Due to Politicization
The U.S. Justice Department is experiencing significant instability, marked by over 6,400 departures and 230 firings of prosecutors and agents. This includes the resignation of six attorneys in Minneapolis protesting the shift in an investigation from an ICE agent's killing to the victim and her wife. This exodus of experienced 'brain trust' across administrations indicates a dangerous politicization and erosion of institutional stability.
An alumni group of the of of Justice Department prosecutors has tallied over 6,400 departures and over 230 firings in the past year... Sadly, it's in a disarray. () You've seen people leave and leave in protest... because they refuse to investigate Renee Nicole Good or Renee Nicole Good's widow. ()
Key Concepts
Rule of Law
The principle that all individuals and institutions, including the government, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. Professor Goodwin emphasizes that the federal government is 'not above the law' and must adhere to constitutional values and legal norms.
Inverse Civil Rights Paradigm
A conceptual framework where the federal government's role in protecting civil liberties has reversed. During the Civil Rights era, the federal government intervened to protect citizens from unlawful state actions; now, it is accused of being the primary violator of constitutional rights against its own citizens.
Lessons
- Understand that federal agencies, like ICE, are subject to the same constitutional and legal constraints as any other law enforcement body, and their actions can be challenged in court.
- Recognize the historical context of federal intervention in civil rights, and critically evaluate situations where the federal government's actions appear to contradict its historical role as a protector of constitutional liberties.
- Be aware of the implications of politicization within critical government institutions like the Justice Department, as it can lead to a loss of expertise and a perceived disregard for impartial application of the rule of law.
Notable Moments
A federal judge orders ICE to stop arresting or pepper-spraying protesters in Minnesota, affirming that ICE's conduct was unlawful.
This judicial intervention directly challenges and limits the perceived overreach of federal agents, establishing a legal precedent against aggressive tactics used on peaceful demonstrators.
Six attorneys in the Minneapolis U.S. attorney's office resign in protest over the direction of an investigation into an ICE agent's killing of Renee Good, which shifted focus to the victim and her wife.
This event highlights internal dissent and ethical conflicts within the Justice Department, signaling a crisis of integrity and politicization that leads experienced professionals to resign rather than compromise their principles.
Quotes
"The conduct that's taken place in this particular surge by ICE is not something that is usual. It's not something that has been lawful. It's not something that has been constitutional."
"What we see now and what we recognize from this order from the judge over the last few days is the fact that what the lawlessness that has taken place has actually been conducted by the federal government and the federal government is not above the law."
"Sadly, it's in a disarray. And one of the troubling features of this is that important thought leadership... has been lost."
Q&A
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