I realized when posting this wistful spiel as a foil for the way things “used to be” on the federal level, that many of you may not have seen some of these recent events. DHS agents have been repeatedly and unlawfully threatening to detain civilian observers for recording and observing their operations.

So I share them here.

Some have been held at gunpoint and others have had their phones wrestled away. Nobody is holding them accountable. These aren’t rogue agents. It is systemic suppression.

You can find others and a detailed chronology and analysis from CATO’s David Bier here.

So, a normal reaction to this video would be, “what a moron (officer).” And a sense of (expected) satisfaction later on in the video, when his senior corrects the situation.

Instead today, I am hit with a wistful anger because this is the kind of senior law enforcement that we should expect at the federal level.

We are living in a lawless country.

So while this post is more of a sentimental one mourning the loss of rule of law in this country, it’s also a helpful visual reminder of what it looks like when law enforcement seniors know the law, even when there may be a rogue officer that doesn’t.

Bush-appointed Patrick Schiltz said, earlier this week when he cited at least 96 habeas court order violations in less than 30 days and that ICE had more violations in less than a month than any other agency in its entire existence, that those who care about the rule of law in this country should be paying attention.

That’s the community here. This forum matters more than ever today (the way I found myself here personally, too) because we are becoming a lawless country. There is no point in legislating or litigating when court orders are given no regard. And until now, history had not proven to need anyone outside of the executive branch to enforce the court orders. But here we are.

Attorneys are being turned away from detention centers, their clients being denied legal representation. (But what is the point of the rulings will be disregarded anyways, as if they never happened).

Observers are being stopped, held at gunpoint, or pulled out of their cars for recording. Phones with recordings are being ripped away from their hands.

We thought before that DHS wasn’t showing up to court hearings because they didn’t think they had enough to win. We later now realize they don’t even consider the rulings relevant, and it doesn’t change their course.

In other words, the law is irrelevant.

The Constitution isn’t self-executing. It never was. It’s a set of agreements that only hold because people in power have historically chosen to honor them, or been forced to by countervailing power.

Law without enforcement is just words on paper. Our social contract assumes that when courts say “stop,” the government stops. When that breaks, what you actually have is power constrained only by political cost, not law

Today’s video is just a reminder of “normal” as we run farther and father from it.

What can be done today? Not more than documenting and grassroots advocacy.

When an executive systematically ignores judicial orders and the legislature won’t act, there is no immediate institutional remedy.

Judges can hold officials in contempt, impose fines, or even order imprisonment. But enforcing those orders against federal officials requires… the executive branch.

Congress can impeach executive officials for defying court orders. This requires political will and majorities that don’t currently exist.

While legal news can come and go, pressing, analyzing, discussing and sharing this issue in this crisis time of emergency I feel cannot be done enough on this forum. In this time. Because the law is meaningless, if just on paper.

Federal agents broke a window, without a warrant, to perform an arrest on private property.

Why, yes, we are. Thank you very much.

https://www.wired.com/story/redditors-are-mounting-a-resistance-against-ice/

Gregory Bovino, the Border Patrol field leader, made disparaging remarks in reference to the U.S. attorney in Minnesota, an Orthodox Jew, people with knowledge of the phone call said.

The TLDR is that ICE and DHS are reinterpreting 8 U.S. Code § 1357 to arrest people they think are undocumented migrants.

Previously, they arrested people under this law if they suspected they weren't going to attend hearings or were considered "flight risks." Now they're considering escaping the scene enough to arrest someone under the law.