This might be the most important post I’ve ever made here. It will be long, but I beg you to read it. It’s about the INSURRECTION ACT and what it means for MN. It's not nearly as bad as you might think.
When Trump Invokes the Insurrection Act DO NOT FREAK OUT. Be concerned, sure. But please, please hear me out. There is one through line that has been present in Trump 1.0 and this term:
THEY ALWAYS F*CK THINGS UP.
Trump works in optics, in what gives HIM – and only HIM – power. When he does this, it will be about how HE SEES IT, not how the law and courts see it. Not how the military will actually see it on the ground, IN THE SITUATION.
First, yes, your inner monologue about how many of the 1500 service members that arrive will be pro-Trump is probably correct. However, members cannot just say, “count me in” and get to go. That’s not how the military works.
Second, you can bet dozens if not hundreds have refused the order. That means there is already an air of illegitimacy floating around. There will be hundreds to accept because they can see around corners and know this won't end well for the administration.
Next, I have no idea, but my best guess is that Trump will say he’s doing this because Walz is refusing to allow the federal government to do their jobs with fraud and immigration enforcement. He will SAY the military’s job is to assist ICE/CBP in their duties. (Technically they can’t, but again, we are talking about the tone he will set and HIS perceived boundaries). He's fine with lying.
Two critical legal caveats:
1. The military cannot assist alongside ICE in civil immigration enforcement. This means they CANNOT make civil immigration arrests, conduct searches for civil violations, detain people for civil immigration status, enter homes to assist with civil enforcement, act as ICE’s muscle to ICE can “do its job” or assist ICE in any of those activities. Around ~76% of ICE enforcement is about CIVIL matters, not criminal.
Examples of civil enforcement include: orders for deportation/removal, administrative warrants (signed by ICE supervisors, not judges, which is what we are seeing here), arrests based on immigration status (a truly undocumented person), failure to appear in immigration court, detainers and holds, workplace enforcement, and re-entry after removal at the border.
2. The military can assist in criminal enforcement when the violations fall under criminal statutes. (Most do not). They can intervene to stop ongoing violations riots involving destruction (NOT peaceful protests). In other words, it’s reactive only. They can detain ppl temporarily if they are caught in the act. They must immediately transfer custody to civilian law enforcement. They can secure crime scenes. They can enforce curfews in narrow situations. They MAY support enforcement of criminal JUDICIAL WARRANTS.
Examples of criminal enforcement include: Human & s*x trafficking, human smuggling, drug & weapons trafficking, cybercrime, and financial crimes linked to trafficking like money laundering.
To recap: The military can legally assist in very specific ICE actions and enforcement objectives. They cannot be the muscle, and they cannot work side by side with ICE in any civil immigration enforcement activities which is 90% of what ICE claims to be doing and appears to be doing here in MN. They could offer perhaps perimeter support.
This is where the “THEY ALWAYS F*CK THINGS UP” comes in to play.
ICE cannot ask the military to ride along for civil enforcement. They cannot ask the military to work side by side with them or assist. The military MIGHT compromise and provide general security of the area, say a neighborhood where they are executing a criminal warrant. The military’s presence cannot functionally enable a civil arrest. If so, that falls in to “civil law enforcement.” Meaning, the arrest is happening BECAUSE the military is there, not in spite of it.
As we all know MN is not some hotbed for immigration related trafficking, etc. so the criminal enforcement angle is pretty narrow and if they were doing their jobs, already handled.
What we also know is that ICE has been violating every law and constitutional right out there. They are yanking citizens out of cars for trying to get home, assaulting them, and removing them to be detained. They are doing warrantless searches. They are tear gassing protestors who are following the law. They are basically this mob of lawless, unqualified and poorly trained bullies.
This is also where THEY ALWAYS F*CK THINGS UP. If (When) the military witnesses ICE/CBP violating rights and the law, a few things happen, First, immediate disengagement. Full stop. Next, command notification. That commander runs it up the chain to JAG. (Know you know why the sent 40 JAG lawyers to MN a few days ago).
Don’t believe that JAG will bend the rules. Oh hell no. If anything, they may be more legally cautious in a civilian and domestic situation like this. (Err on the side of legal caution and protection of the service member). What is important here is that a legal RECORD is created of the escalation and inquiry. Their power is ordering withdrawal from the situation and outright refusal, as well as DOCUMENTATION and preservation from the field all the way up to the JAG lawyer and commander. JAG advice is written, and legal explanations are given in writing. There won't be a hotline to call and nothing gets logged. There are very formal processes that happen. Their advice becomes discoverable in court. They are there to make sure no one ruins their lives or careers.
A very key factor as well: The injunction by the MN Federal Court judge. Thus far it’s not been appealed, that I know of, which means the military must (and will) abide by it. No arresting of protestors, etc. Witnessing ICE violate the injunction (which they have been) triggers the process I outline above.
Okay so what happens if the misconduct is so pervasive by ICE that they are spending more time escalating instances to JAG than anything else? (Likely, btw). That’s when the ROE (Rules of Engagement) will be changed on the fly by command. This is when you will see the mission being firmly defined as, “protect federal property only,” “provide medical support and logistics,” and similar since the original mission (“Support ICE enforcement”) becomes impossible to execute lawfully. They cannot arrest ICE agents, but they can do something more valuable: witness, document and report to a lawyer and command. They will make a solid record.
Trump & Friends don’t care about or perhaps even know these details. You know how he is! Details-schmetails. He is high level, with pictures and no text. He makes advisors give him a verbal picture. In return, he gives them the verbal picture he wants to achieve.
The likelihood of Trump and Vance knowing (let alone comprehending) these legal nuances is SLIM, IMO. Yes, Vance served, but he was a “journalist” and photographer if I recall correctly and since discharge it really doesn't appear that detail are his thing or concern.
Trump want initial optics. He wants tanks or some sh*t rolling down neighborhood streets. He wants guns and uniforms and “lethality” on full display.
This is going to be less like a Kent State or Vietnam and more like his birthday military “celebration” this past summer. Remember that? It feels like forever ago, doesn’t it? Remember how intentionally sloppy the service members were? How miserable? And remember those squeaky tank wheels?
It’s easy to get caught up in Trump’s grandiosity and narcissism. To get caught up in his confidence and his belief in what he says.
Just remember, THEY ALWAYS F*CK THINGS UP. Every single time, only this time, they’re going to do so by attempting to pimp out and set up the military, the same group who loathe Hegseth. The same group who will become the de facto documentarians of the things ICE is doing in MN.
Invoking the Insurrection Act over all this in MN is also going to be an all hands on deck congressional crisis. I will post on that later.
It won’t be easy. The first 24-36 hours will be TOUGH. Hang in there. Listen to the military, folks. They aren’t ICE. They ARE going to have our best interests at heart.
#MinnesotaStrong
#InsurrectionAct
#MinnesotaSiege
#ImpeachTrumpNow
⚡ Breaking | UC Berkeley Hands 160 Names to Trump Admin Targeting Pro-Palestinian Speech
UC Berkeley has confirmed that it sent the names of 160 faculty, students, and staff to the Trump administration’s Dept. of Education as part of a federal probe into alleged “antisemitic incidents” — alarming targeted scholars who say they were given no chance to review or contest the allegations. In letters to those named, Berkeley’s chief campus counsel, David Robinson, said the disclosures were ordered by the UC system’s general counsel. Prominent Jewish professor, Judith Butler is one of those who received a letter. She called the move a “breach of trust” and likened it to McCarthy-era blacklists, warning it could threaten jobs, academic freedom, and visa status for international students. Faculty and students are organizing to resist what they described as a crackdown on political dissent.
(Report from The Guardian - link in reply)
⚡ Breaking | UC Berkeley Hands 160 Names to Trump Admin Targeting Pro-Palestinian Speech
UC Berkeley has confirmed that it sent the names of 160 faculty, students, and staff to the Trump administration’s Dept. of Education as part of a federal probe into alleged “antisemitic incidents” — alarming targeted scholars who say they were given no chance to review or contest the allegations. In letters to those named, Berkeley’s chief campus counsel, David Robinson, said the disclosures were ordered by the UC system’s general counsel. Prominent Jewish professor, Judith Butler is one of those who received a letter. She called the move a “breach of trust” and likened it to McCarthy-era blacklists, warning it could threaten jobs, academic freedom, and visa status for international students. Faculty and students are organizing to resist what they described as a crackdown on political dissent.
(Report from The Guardian - link in reply)
NYC Comptroller Brad Lander was just arrested by Trump’s ICE agents because he asked to see a judicial warrant.
This is fascism and all New Yorkers must speak in one voice. Release him now.
See first look photos and video of the new national tour of the Tony Award-winning Broadway classic, Peter Pan from director Lonny Price.
https://t.co/3mS9T4twdK
Earlier this week, NYPD arrested Jazz Ajilo, a beloved subway musician. New Yorkers were outraged.
In response, Mayor Adams said the subway is out of control and he was elected to fix it. It’s “not the place for disorder.”
So…here’s a thread of that…“disorder”.🧵