1/ NEVER FORGET that hrs before #January6th, Trump initiated the designation of an imagined domestic enemy he called "Antifa" as a criminal terrorist organization & gave DHS broad powers to enforce against suspected non-citizen members & supporters.
2/ This order came to mind this morning as I continued to consider the implications of yesterday's #SCOTUS decision immunizing #CBP and #ICE from judicial accountability for abuses of power against ordinary people. Let me tell you where this goes.
3/ The order confirmed that DOJ had already collected enough evidence to deem "Antifa" (which is, again, not an actual thing) a domestic terror organization and recommended that State add them to 2 different lists: (1) "criminal organizations" and (2)"terrorist organizations"
4/ The "criminal organizations" list is pretty much just straight up organized crime: the Mafia, the Yakuza, MS-13 and other Latin American street gangs, etc. Even if "Antifa" were an actual organization of any kind (which, again, it is not) this would be an odd designation
5/ The "foreign terrorist organization" list is also pretty much what you'd expect. Antifa, an ideology which is not associated with any kind of recognizable "organization," has no place on this list and there is only one reason anyone would try to add it
6/ Yesterday Clarence Thomas and all of the conservative justices agreed that someone who was brutalized by a CBP officer in his own driveway badly enough to leave lasting back problems had no legal ability to sue the officer *or* the agency. These things are related.
7/ Former CBP/current hero Jenn Budd has been warning us for years that this agency is totally unaccountable to anyone but the president, and even then only the presidents they agree with. Prepare yourself before clicking through to this thread.
8/ Fascism starts with identifying foreign threats to the nation before moving on to associate those groups with its citizens. That is *exactly* what Trump was doing with that order on January 5th, and absolutely where things were going for his 2nd term with all the "Antifa" talk
9/ It's too easy to write off "fascism" as some wild right-wing fantasy of a cartoon dictator commanding faceless jackboots, but that's only extreme endpoint. Fascist states (& cultures) aren't necessarily born that way, and no one wakes up in that world without warning.
10/ Never forget Voltaire's warning that "those who make you believe absurdities can make you commit atrocities."
On his first day it's the size of an inauguration crowd; 4 yrs later it's a fake "terrorist" org that anyone reading this could easily be alleged to be supporting
11/ The "Antifa" executive order was immediately eclipsed by the events of #January6th. Trump was out of office two weeks later.
But it happened. We let it happen. It will happen again, & yesterday #SCOTUS let CBP know they won't be held individually or collectively accountable
12/ "Antifa" is now mainstream US right-wing shorthand for anyone left of Mitt Romney.
The 1/5/21 order made "Antifa" a matter of national security.
Thomas's decision yesterday excused CBP from any accountability in the name of "national security."
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1/Writing for a 6-3 majority today, #SCOTUS Justice Clarence Thomas just ended your well-established right to sue federal law enforcement agents not only for violent abuses of power, but any ensuing acts of retaliation against you for reporting them. We need to talk about this.
2/ Thomas is already the most regressive justice in our lifetimes, consistently comforting the comfortable and giving voice to the already-extremely-well-voiced: cops, bosses, Gitmo jailers, etc. As of today we can add violent border agents to the list.
3/ Today's case involves a guy who lives ON the Canadian border who publicly held himself out as a smuggler, ran a B&B called "Smuggler's Inn," & literally smuggled people in a vehicle with "SMUGLER" vanity plates. He was also a well-paid federal snitch, because of course he was
TFW you've reached a joint agreement with DHS in a difficult detained case which gets your client the best possible outcome under the circumstances only to have a Trump-appointed immigration judge a time zone away reject that joint agreement using the wrong legal standard
FYI for non-lawyers: it is rare for a judge to decline to accept *any* joint agreement brought to the court in good faith by the parties involved
IJ: Counsel, do you reserve appeal?
ME: Yes
JUDGE: well I hope that doesn't keep him in custody at govt expense too much longer
*angry pause*
ME: I have to say that everyone here was hoping we'd reached a solution which would save the govt the trouble
IJ: that's out of my hands
Mass violence is a rational response to beliefs that:
-Latino immigrants are "invaders" (El Paso)
-a race war will preserve white supremacy (Charleston)
-Muslims are the enemy (Christchurch)
-Jews support refugees to "replace" whites (Pittsburgh)
-women owe you sex (Isla Vista)
-"antifa" threaten white supremacy (Charlestown)
-Norway's leftist party presents an existential threat so great that its next generation must be exterminated (Utoya)
-publishing cartoons of your prophet is blasphemy (Charlie Hebdo)
-white genocide is in progress (Buffalo)
Other than correctly assessing that to be antifascist is to stand against white supremacy, these beliefs are not reasonable, respectable, or objectively correct.
But they are subjectively rational, and hundreds of millions of ppl around the world hold them
My favorite question to ask my fellow citizens whose brains remain blissfully uncooked by The Law is who the president was when the Supreme Court held there is an individual Constitutional right to own a gun in all states.
No one has ever correctly guessed it was Barack Obama.
Heller (the subject of the linked thread) came out in June '08, a month after "Iron Man" and six months before Obama was elected.
Two years later McDonald doubled down and applied that right to the states.
Most people guess Adams, Jackson, or some other 19th century president, which only makes the well-known fact that the NRA was desperately afraid to bring this question to the court and actively tried to stop the lawyer who did in 2008 that much more incredible
1/This thread on an obscure committee nominally responsible for directing a beloved #EastBoston park is this week's essential #bospoli reading. Meet me back here when you're done for a few more thoughts from someone who has been following this fiasco closely for the past 10 yrs
2/ For context, here's the finished portion of Piers Park. I live around the corner, walk past it every day, and visit as often as possible. It"s a treasure, one of New England's beautiful spaces. The angry racists you've just seen in those videos are tasked with managing it.
3/ Piers Park is an amazing place for working people of limited means to have parties, get married, shoot music videos, take family photos, and hear great music. Like my band, @hightiderocks! Here we are playing some Dead on Jerry Garcia's birthday
I've always said that ICE's lawless excesses would inevitably become too big for Americans to ignore, and while that day may not be here yet this report should get us there a little faster. This goes *so* far beyond immigration enforcement
You should already care that ICE constantly lies to the public and the courts about the people it rips from their families, detains in terrible conditions, and violently deports. But a lot of US citizens don't + never will, so let's say you're one of them. This report is for you
Read this paragraph, and then read it again, and then read it out loud to someone nearby and start a conversation about why an immigration agency has any right to conduct warrantless surveillance on all of us in the course of enforcing non-criminal statutes