Quick Read
Summary
Takeaways
- ❖Customs and Border Patrol official Greg Bovino claimed citizens would face consequences for calling federal agents 'Gestapo' or 'kidnappers,' linking it to choices and actions.
- ❖Former federal prosecutor Glenn Kirschner asserts that ICE agents *are* acting like Gestapo and *are* kidnapping people by detaining American citizens without lawful basis.
- ❖Kirschner states that Bovino's attempt to criminalize critical speech is a 'fantasy land' and a 'First Amendment free speech violation,' with courts consistently upholding free speech.
- ❖ICE is accused of fostering anonymity for agents involved in controversial incidents, such as the shooting of Alex Prey, to avoid accountability.
- ❖The re-deployment of an agent involved in a fatal shooting without investigation is framed as 'accessory after the fact' and endangers the public.
- ❖Transparency, including identifiable badges and names, is essential for law enforcement accountability and public confidence, as anonymity breeds abuse.
Insights
1Federal Official's Threat Against Critical Speech is Unlawful
Greg Bovino, a Customs and Border Patrol official, stated that calling federal agents 'Gestapo' or 'kidnappers' would lead to consequences. Former federal prosecutor Glenn Kirschner unequivocally dismisses this, asserting that such claims are legally baseless and a 'fantasy land' violation of the First Amendment. He argues that courts would never uphold charges against citizens for using these terms.
Bovino's statement: 'if you call federal agents kidnappers or Gestapo that there will be consequences.' Kirschner's rebuttal: 'It's beyond a first amendment free speech violation. It is a fantasy land that he's living in.'
2ICE Actions Alleged to Constitute Kidnapping and Gestapo Tactics
Kirschner contends that the terms 'kidnapping' and 'Gestapo' are accurate descriptions of certain ICE operations. He cites instances where American citizens were detained for days without charges or lawful basis, which he, as a prosecutor, defines as kidnapping or false imprisonment. He also references documented citizen recordings showing behavior consistent with 'Gestapo tactics.'
Kirschner: 'they're acting like Gestapo and they are kidnapping people... We've seen them kidnap people including American citizens who they put in a jail cell for a day or two. Then they open the cell door, let them walk out, and they're not charged with anything. Why? Because there was no basis to take them into custody in the first place.'
3Anonymity of ICE Agents Fosters Abuse and Hinders Accountability
ICE is accused of intentionally withholding the identities of agents involved in controversial incidents, such as the shooting deaths of Alex Prey and Renee Good, and relocating them to other areas for 'safety.' Kirschner argues that this anonymity prevents accountability and breeds abuse of power, contrasting it with standard law enforcement practices that require identifiable badges and names.
Bovino stating agents involved in a scene are working 'in other locations... for their safety.' Kirschner: 'Anonymity breeds abuse... with anonymity comes abuse of power.' He notes officers are 'masked up. They're not wearing proper insignia. They're not identifying themselves.'
4Supervisors May Face Liability for Re-deploying Agents Accused of Felonies
Kirschner suggests that re-deploying an ICE agent accused of murder, without investigation or accountability, could lead to criminal charges (accessory after the fact) and civil liability for supervisors. He likens it to knowingly allowing a dangerous dog to continue biting, creating dangerous circumstances for new populations.
Host: 'this ICE officer... was taken out of Minnesota, put back on the streets.' Kirschner: 'I would call that accessory after the fact, plain and simple... by putting him back on the street, you are now endangering an entire new population... I think that could criminally and certainly civily put his supervisors on the hook.'
5State Authorities Have a Blueprint to Investigate Federal Misconduct
Despite federal obstruction, Kirschner, along with another prosecutor, developed a 'blueprint' for Minnesota state law enforcement to aggressively investigate the killings of Renee Good and Alex Prey. This includes methods to move forward with indictments and 'wrestle the evidence away from the federal authorities.'
Kirschner: 'I recently authored a piece jointly with Dave Arinberg... we set out a blueprint for how the Minnesota law enforcement authorities can and must aggressively investigate not only Renee Good's killing but now the murder of Alex Prey.'
Lessons
- Contact your elected officials in Washington to urge them to defund components of DHS (like ICE) that are perceived as acting lawlessly or unconstitutionally.
- Support and demand transparency from law enforcement agencies, advocating for policies that ensure officers are identifiable (e.g., names, badge numbers) and held accountable for their actions.
- Engage in peaceful protest and use economic power to challenge perceived governmental overreach and lawlessness, as a collective response to autocratic tendencies.
Quotes
"When you take somebody into custody, when you detain them with absolutely no lawful basis or authority, you know what we prosecutors call that? Kidnapping."
"It's beyond a first amendment free speech violation. It is a fantasy land that he's living in."
"They executed an unarmed man after they disarmed him even though he was in lawful possession of his own firearm... They removed his gun from the holster, took it away, and then they executed him. They murdered him."
"When you assist somebody who has committed a felony, you do something to help that person evade apprehension, trial, and punishment. You're committing a federal felony accessory after the fact."
Q&A
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