#defundice

The House approved five appropriations bills on Tuesday, and Trump signed them into law. Congress also approved a two-week funding extension for the Department of Homeland Security, the parent agency of ICE. Democrats allowed the five bills to pass with the promise that they would stand firm in demanding meaningful reforms to ICE’s murderous, brutalizing, unlawful police practices.

This is the moment of truth for congressional Democrats. They must finally show courage and principle. They must demonstrate leadership that places the safety and liberty of their constituents above all else, rather than calibrating every action with the cowardly political algorithm, “Will this help or hurt my chances of re-election?”

Our nation is in a moment of crisis. We have no need of politicians. We need patriots and heroes, men and women of their word who will defend the Constitution, as they promised.

In this moment, “bi-partisanship” is a code-word for “capitulation.” There is nothing bipartisan about allowing ICE to continue public executions. There is nothing bipartisan about allowing roving gangs of masked men with automatic rifles and grenade launchers to terrorize peaceful residents of cities and states whose only crime was to vote against Donald Trump in 2024. There is nothing bipartisan about jailing children.

The current proposals for “reforms” floated by Democrats amount to nothing more than asking ICE to observe minimum standards of conduct that apply to every law enforcement agency in America. That is not reform. That is begging ICE to behave—“Pretty please, with a cherry on top.”

The truth is that ICE is so broken, so corrupt, that it must be disbanded and a new agency must be created to replace it. It must be defunded, its ranks cleared of officers caught on tape beating, shooting, tear-gassing, punching, and mocking Americans who are going about their daily lives or exercising their First Amendment rights.

Democrats held a hearing on Tuesday with some of the survivors of ICE violence and mistreatment. Lawrence O’Donnell devoted the first 20 minutes of his nightly news program to the hearing. You can watch it here: The Last Word. (click on the segment with the title, “In Cold Blood.”

If you watch this segment—and I request that you do as a personal favor to me—you will agree that we must defund and replace ICE wholesale. It will require you to devote 10 minutes of your life to listening to heartbreaking, enraging testimony. But it will change your view of the relationship between Trump’s lawless regime and America’s citizens and residents. It will change your view about the need to replace and rebuild ICE from the ground up, I promise.

The half-measures and window-dressing currently being shopped by Chuck Schumer are an insult to the memories of those killed and brutalized by ICE. They are the rock-bottom, bare minimum first steps toward meaningful reform. Members of ICE will continue their brutal terror even with body cameras and without masks. They don’t care if they are filmed committing illegal acts—because they have been told Trump will protect them, and they have been recruited precisely because they don’t care.

They glorify violence; they celebrate the number of bullet holes that their weapons of war inflict on American citizens. See ABC News, ‘5 shots, 7 holes’: Border patrol supervisor appeared to brag about shooting woman, defense attorney says. (The Border Patrol agent testified that bragging about the number of times he shot an innocent woman was “a way of relieving stress.”) To similar effect is the public execution of Alex Pretti. When a physician rushed to provide aid to Pretti, he was surrounded by federal agents counting the bullet holes in his body instead of rendering first aid. See The Independent, Doctor who attended to shot protester says agents were counting bullet holes rather than administering CPR.

A long-term shutdown of DHS will be hard. It will result in travel delays, delay in paying the US military, and delay in FEMA payouts. Speaker Mike Johnson is already setting up Democrats as the “bad guys,” saying,

“What they’ll be shutting down is FEMA operations, as we’re cleaning up from the winter storms. They’ll be shutting down TSA, which is obviously necessary to keep the country moving through our airports. So many important functions in the Department of Homeland Security is what will be adversely affected by these partisan games.”

So, a word to congressional Democrats: Steel yourselves. We will either live in a society with a roving paramilitary that is executing citizens on the streets or not. It is up to you. For once in your lives, do the right thing—something that will be hard, possibly unpopular, and may affect your fundraising.

Congressional Democrats gave away most of their leverage by allowing the five appropriations bills to pass without a fight. They told us they would extract concessions when the DHS bill is put to a vote. It is the moment of truth for congressional Democrats. Don’t tell us who you are or what you believe. Show us.

More on Trump’s demand to “nationalize” elections in 15 states.

In yesterday’s newsletter, I addressed at length why it would be unlikely that Trump and congressional Republicans would “nationalize” elections anywhere. See Today’s Edition, Preparing for the shutdown battle . . . . I was skeptical that Republicans would abolish the filibuster to pass legislation that would implement Congress’s ability to regulate federal elections, which have traditionally been the purview of states—as permitted by the Constitution.

On Tuesday, Senate Majority Leader John Thune dumped cold water on the idea. See The Hill, John Thune dismisses Donald Trump’s call for GOP to take over federal elections.

White House press secretary Karoline Leavitt made a valiant attempt to “walk back” Trump's comments, claiming that he was referring only to the SAVE Act, an anti-voting package passed by the House but stalled in the Senate by the filibuster. See NYTimes, Trump Repeats Call to ‘Nationalize’ Elections, as White House Walks It Back.

Per the Times, Leavitt said,

“What the president was referring to is the SAVE Act, which is a huge, common-sense piece of legislation that Republicans have supported, that President Trump is committed to signing into law during his term,” Ms. Leavitt said. [¶] Ms. Leavitt said that “the president believes in the United States Constitution,” but that he also believed there had been “a lot of fraud and irregularities that have taken place in American elections.”

Despite Leavitt’s prevarication, Trump amplified his comments, again calling for nationalizing federal elections. So, there is a split between Trump and congressional Republicans, and Trump and his advisers.

I was sorely disappointed in much of the mainstream media coverage of this issue, which devoted 99.99% of its coverage to Trump’s threat and virtually no coverage to the fact that (a) the threat is subject to the filibuster, and (b) any extrajudicial efforts to interfere with state elections, e.g., by having the military seize ballot boxes, would be met by massive political protests that would bring down the Trump administration.

We can’t dismiss Trump’s delusional fantasies as irrelevant. See, e.g., January 6, 2021. But if we are going to amplify Trump’s threats, please give equal billing to the ability of the people to resist—in courts and in the streets. Looking at you, Chris Hayes and Jen Psaki. You are heroes of democracy, and we owe you a debt of gratitude, but please, don’t sell us short.

We are not potted plants or helpless victims without agency. We have been on the ramparts of democracy for eight months. Give us some credit. Better yet, rally us to redouble our efforts! Raising the alarm is appropriate; providing leadership is better.

Mass departures are hobbling the US Attorney’s office in Minnesota.

The US Attorney’s office in Minnesota has been plagued by waves of departures as DOJ leadership has ordered attorneys to prosecute the victims of ICE violence while protecting federal agents who engage in unlawful conduct. See AP News, More departures at the US attorney’s office in Minnesota, AP sources say. In addition, the illegal detentions of residents and citizens have led to a wave of habeas corpus petitions in federal court, which ICE, CBP, and the DOJ have routinely ignored.

On Tuesday, one of the nine remaining US Attorneys in the Minnesota office (out of 40), was called into court for a dressing down by a federal judge who was tired of the DOJ ignoring his orders. As described by Fox 9 News,

While [Assistant US Attorney Julie] Le said procedures are being implemented to ensure ICE complies with court orders moving forward, she admitted it has been like pulling teeth and has required non-stop work in an already depleted office. “I wish you would just hold me in contempt of court so I can get 24 hours of sleep,” Le said. “The system sucks, this job sucks, I am trying with every breath I have to get you what I need.”

Two aspects of this story are important: First, Attorney General Pam Bondi is presiding over the destruction of the DOJ. It will need to be rebuilt from the ground up when we elect a Democratic president. Second, mass resignations in US Attorneys’ offices and the DOJ are likely to increase as Trump continues his war on the American people. That will limit the ability of Trump and his enablers to defend the administration’s unlawful actions, and lead to more adverse rulings against the administration at the district court and appellate levels.

Update on Trump’s fight with Harvard University.

Trump reacted badly to the NY Times’ story that he had dropped his demand for monetary penalties against Harvard for promoting diversity and inclusion. See The New Republic, Trump Suddenly Brings Back His Feud With Harvard in Crazed Rant.

Trump posted,

“Strongly Antisemitic Harvard University has been feeding a lot of ‘nonsense’ to The Failing New York Times,” Trump wrote in a lengthy post late Monday night. “Harvard has been, for a long time, behaving very badly! “This should be a Criminal, not Civil, event, and Harvard will have to live with the consequences of their wrongdoings,” Trump wrote, adding: “We are now seeking One Billion Dollars in damages, and want nothing further to do, into the future, with Harvard University.”

Harvard should just ignore Trump. He will be distracted soon, and the DOJ has effectively conceded defeat in its defense of the administration’s illegal impoundment of funds. See ABC News, Trump administration drops legal appeal over anti-DEI funding threat to schools and colleges.

Federal judge gives a cold reception to the government’s defense of Hegseth’s demotion of Mark Kelly.

Senator Mark Kelly sued the administration, seeking an injunction preventing Sec. of Defense Pete Hegseth from demoting Kelly retroactively. Kelly released a social media post telling US military members that they could refuse to follow illegal orders. See Talking Points Memo, Judge Incredulous as Trump Lawyer Asks Him to Create New Law for Mark Kelly Retribution Crusade.

At one point in the hearing, US District Judge Leon said, “You’re asking me to do something that the Supreme Court has never done — that’s a bit of a stretch, is it not? That’s never been done before.

Hegseth will lose this fight. The only question is how long it will take for Senator Kelly to prevail.

Read this report about the contribution of immigrants to the US economy.

A report by the conservative CATO institute is worth reading, because it rebuts many of Trump’s lies about the contributions of immigrants to the US economy and Immigrants’ Recent Effects on Government Budgets: 1994–2023 | Cato Institute.

The executive summary notes the following:

For each year from 1994 to 2023, the US immigrant population generated more in taxes than they received in benefits from all levels of government.

Over that period, immigrants created a cumulative fiscal surplus of $14.5 trillion in real 2024 US dollars, including $3.9 trillion in savings on interest on the debt.

Without immigrants, US government public debt at all levels would be at least 205 percent of gross domestic product (GDP)—nearly twice its 2023 level.

These results, which do not account for any of immigration’s indirect, tax-revenue-boosting effects on economic growth, represent the lower bound of the positive fiscal effects. Even by this conservative analysis, immigrants may have already prevented a fiscal crisis.

Concluding Thoughts

I had an exchange with a reader today that is worth sharing. I spent about 8 hours on Monday trying to use AI to write code to automate some of the daily newsletter tasks needed to keep the newsletter running smoothly (mainly handling reader requests about newsletter delivery and subscriptions). After a day’s worth of work, I was 99% of the way to an automated solution—which means that the “code” didn’t work. (That last 1% matters a lot!)

I then reached out to a reader, Bern S., and asked if he could help me figure out why the code wasn't working. (Bern had previously volunteered several very helpful software suggestions, so I respected his expertise.) Bern re-wrote my amateurish efforts into a very tight, elegant solution that works like a dream.

I offered to compensate Bern for his work. He politely declined and sent me the following quotations from George Bernard Shaw, which express a sentiment that applies to everyone involved in the resistance at this moment of crisis in our nation’s history:

This is the true joy in life, the being used for a purpose recognized by yourself as a mighty one; the being a force of nature instead of a feverish, selfish little clod of ailments and grievances complaining that the world will not devote itself to making you happy. I am of the opinion that my life belongs to the whole community, and as long as I live, it is my privilege to do for it whatever I can. I want to be thoroughly used up when I die, for the harder I work the more I live. I rejoice in life for its own sake. Life is no “brief candle” for me. It is a sort of splendid torch which I have got hold of for the moment, and I want to make it burn as brightly as possible before handing it on to future generations.

We are engaged in a sacred duty—preserving democracy. I can think of nothing more noble or joyful than being “used up” in the process of preserving and passing the torch to future generations!

Mass protests are the last line of defense against ICE's assault on our peace, safety, and security

January 15, 2026

Robert B. Hubbell

All, I began writing this newsletter early Wednesday evening, before learning of the shooting (wounding) of another person in Minneapolis. Tension and unrest in the streets of Minneapolis are increasing by the hour, and federal officials seem intent on provoking violence as a pretext for invoking the Insurrection Act.

Federal officials may succeed in their malignant purpose. But let’s be crystal clear about one thing: There aren’t enough ICE agents and National Guard troops to intimidate tens of millions of Americans peacefully protesting in the streets. This is a battle that Trump will ultimately lose if Americans rise en masse to defend their liberties and the rule of law.

We should also be clear that everything that Trump is doing is driving down his popularity ratings and prompting Republican members of Congress to begin a tepid retreat from Trump’s maniacal actions. As ICE agents cement their status in the manosphere as the American Gestapo—see former Trump fanboy Joe Rogan’s comments—the move to defund ICE will pick up support among the people and in Congress.

Congressional Republicans may still believe that calls to “abolish ICE” are a losing political proposition for Democrats. They will be disabused of that notion in the coming days as their constituents tell them to stop the thuggish tactics of ICE.

Trump and his enablers have made a grievous miscalculation about the level of support for their dictatorial tactics. A strong majority of Americans oppose what ICE is doing and how it is conducting its operations. It is only a matter of time before congressional Republicans understand that ICE’s tactics are driving up the Democratic margin of victory in the 2026 midterms. (Note: Nobody should relent; there are no guarantees; we could lose unless we continue fighting with the same intensity.)

Finally, let’s be clear that we must remain peaceful even as we take to the streets to exercise our constitutional right to petition the government for redress of grievances. We cannot give Trump a pretext to invoke the Insurrection Act, but we cannot back down. Resist peacefully, and do not surrender. Together, there is nothing we cannot do.

Late update: Two differing versions of the story are emerging regarding the wounding of a person sought by ICE. A statement by DHS claims the person was shot after the ICE officer was assaulted by two persons with snow shovels. But family members of the injured person claim he sought refuge in his apartment first and was shot after he entered his apartment.

Below is the newsletter I wrote before the most recent ICE shooting in Minneapolis.

Although Trump is on the verge of breaking NATO (something Putin could never achieve in his wildest dreams), there were pro-democracy victories in the US worth noting. To stop Trump’s foreign policy misadventures, we must end his unchecked control over Congress now—and retake control of both chambers in November to ensure we lock in constraints on Trump. We are closer to achieving both objectives than many believe.

Two Democratic victories in the mid-census redistricting battle.

Trump is trying to rig the 2026 congressional election by directing red states to engage in mid-census gerrymandering. Although Trump has had limited success in that endeavor, most notably in Texas, Democratic states have fought back. In November, California approved a constitutional amendment that changed the partisan balance in five congressional districts. Republicans have challenged California’s so-called “Proposition 50” on multiple occasions. On Wednesday, a federal appeals court dealt the latest defeat to the Republican challenges. See AZ Central, Federal appeals court upholds California’s Prop 50 redistricting maps.

Although the Republicans challenging Proposition 50 have vowed to appeal to the Supreme Court, past rulings suggest that Republicans will not prevail. California’s stated purpose was to counteract the partisan gerrymandering in Texas—which the Supreme Court allowed to stand. The same logic would apply to California’s redistricting. Thus, it appears that California’s newly drawn congressional districts will remain in place through the 2026 midterms. This is a significant victory for Democrats as they attempt to seize control of the House.

Similarly, the Virginia House of Delegates passed a proposed constitutional amendment that would allow mid-census redistricting. See Democracy Docket, Virginia House passes amendment allowing redistricting to counter GOP gerrymanders. Although Virginia’s redistricting initiative cannot take effect before the 2026 midterms, it could affect the 2028 congressional elections. We should take any win we can get!

Trump is losing his grip in Congress

Trump’s grip on Congress is loosening every day. As reported in the New York Times, Congress is quietly restoring many of the cuts contained in the Big Ugly Bill. See Congress Is Spurning Many of Trump’s Proposed Spending Cuts. (Gift article, accessible to all.)

For arcane procedural reasons, the Big Ugly Bill was not subject to the filibuster in the Senate. But the specific appropriations bills that implement the Big Ugly Bill are subject to the filibuster—giving Democrats leverage they did not have when the Big Ugly Bill was passed. Per the Times,

[T]he spending bills that they are now moving through Congress reflect the political reality that any funding measure must be bipartisan in order to avoid a Democratic filibuster in the Senate and become law.

As explained by Senator Patty Murray, ranking member on the Appropriations Committee,

These are bills that reject the devastating cuts Trump demanded in his deeply unserious budget he sent to Congress about a year ago. When just about every secretary came before our Appropriations Committee to advocate for those Trump funding cuts, I made clear to them I planned to rip up his budget and write a new one — and that is exactly what we are doing.

The Times article also suggests that a major government shutdown is unlikely at the end of this month. Appropriators in the House and Senate have agreed on eight of 12 bills needed to pass a 2026 budget. If Congress passes and the president signs eight appropriations bills, the scale of any government shutdown at the end of January will be significantly reduced.

But the important point is that if the shutdown is avoided, it will be because Democrats were able to roll back many of the cuts proposed in the Big Ugly Bill.

Over in the House, Speaker Mike Johnson is increasingly unable to control the Republican caucus to advance legislation. See Politico, Embarrassing floor meltdown has House Republicans questioning their leaders.

Per Politico,

Members were aghast after a stunning Tuesday night meltdown on the House floor, where opposition from a handful of GOP members led to the defeat of one labor bill and the postponement of three others. Some questioned why the Republican floor and whip teams — under the direction of Majority Leader Steve Scalise and Majority Whip Tom Emmer, respectively — had allowed the votes to be scheduled.

Finally, the Senate defeated a bipartisan war powers resolution on a 50-50-1 vote, with Vice President JD Vance casting the tie-breaking vote. The defeat occurred after GOP Senators Hawley and Young caved to pressure from Donald Trump. See The Hill, Two Republicans flip, defeating war powers resolution after intense Trump pressure.

The fact that Trump had to personally lobby two GOP Senators and rely on JD Vance to defeat a rebuke of his invasion of Venezuela is a sign of Trump’s increasing weakness. Trump also needed a promise by Secretary of State Marco Rubio to Hawley and Young that the administration would notify Congress in advance of any significant armed excursion into Venezuela—a promise that is both illusory and merely a restatement of the requirements of the War Powers Act. It offered nothing to Hawley and Young, other than political cover for their cowardly retreat.

What will it take for Republicans to finally break with Trump on his insane foreign policy? Read on!

Germany sends troops to Greenland amid US invasion threats.

In his wildest dreams, Putin could not have imagined that NATO allies would be engaged in a military standoff over one NATO member—the US—invading another NATO member—Denmark’s autonomous territory of Greenland. See Newsweek, Germany, Other NATO Allies Sending Troops to Greenland Amid Trump Threats.

In addition, France has announced its participation in joint military exercises with Denmark as part of Operation Arctic Endurance. The show of force by NATO allies is intended to counter Trump’s remark that Greenland’s military defense consisted of “two dogsleds.” While Greenland may have a small military, Article V of the NATO treaty requires mutual aid if a member state is attacked. Without the US, the combined strength of NATO is roughly equal to that of the US. See How Strong Is NATO Without The US? We Look At The Data - Global Affairs Explained.

The meeting between US and Danish officials on the fate of Greenland was a disaster. JD Vance manifested his hatred of Europe during the talks. See Politico, ‘Vance hates us’: Europe’s Greenland fears grow as US vice president dives into talks.

Trump’s Greenland obsession is a threat to global peace—and is confusing the heck out of the American people, who do not support Trump’s move to take over Greenland. See The Hill, Just 17 percent approve of Trump Greenland acquisition efforts: Poll.

Trump’s tariffs have made China richer than ever.

Trump’s tariffs against many US trading partners have reshaped global trade patterns—to the great detriment of the US and the great benefit of China. China now has the largest trade surplus in world history. See WSJ, China Announces Record Trade Surplus as Its Exports Flood World Markets. (Gift article, accessible to all.)

Per the WSJ,

The tariffs reduced China’s trade surplus with the United States by 22 percent last year. But Chinese factories increased sales to other regions, in many cases bypassing American tariffs by shipping goods to the United States through Southeast Asia and elsewhere.

At the same time, the price of groceries is still rising in the US, despite Trump’s lies to the contrary. See WSJ, A Year Into Trump’s Second Term, Grocery Prices Are Still Rising.

Defense Department investigating Jason Crow and Elissa Slotkin over video

The Department of Defense is continuing its absurd administrative proceeding against Senator Mark Kelly for his accurate restatement of the law in a video reminding US troops they must refuse to obey an unlawful order. The DOD backed off a threat of court-martial but is pursuing an administrative proceeding to retroactively change Senator Kelly’s rank and retirement pay. The effort is transparently illegal. See Slate, The Defense Department’s case against Mark Kelly is even dumber than it sounds.

Neither the Secretary of Defense or the Secretary of the Navy have authority to retroactively demote a Captain, as opposed to a flag officers (an Admiral). Per Slate,

Could Hegseth just go ahead and sign an order demoting Kelly and docking his retirement pay? Actually, no. According to Fidell, the secretary of defense has the authority to demote only flag officers—that is, generals and admirals. Kelly’s rank of captain, the highest of the U.S. Navy’s senior officers, is one notch below rear admiral, the lowest-ranking flag officer.

Hegseth is now setting his sights on Senator Elissa Slotkin and Rep. Jason Crow. The claims against both are equally baseless and will be unsuccessful. [Cut short to report on Minneapolis.]

Concluding Thoughts

The unfolding events in Minneapolis are deeply disturbing and unsettling. But whatever happens, the American people have the upper hand because they can rise in the tens of millions and commence large-scale boycotts and a general strike. Trump’s invocation of the Insurrection Act, if that happens, will turn even more members of the manosphere against Trump. See NBC News, Joe Rogan criticizes ICE tactics: ‘Are we really going to be the Gestapo?’

On Wednesday, I sent a special edition of the newsletter that discussed a recent decline in free subscriptions and asked for support in helping to spread the word about Today’s Edition. See Special Edition: Spread the Word.

I received many thoughtful replies about why readers might be turning away from this newsletter (and others). One reader sent a very supportive reply that said, in part, “I think the tone of your newsletter shifted ever-so-slightly to push for more protesting.”

Upon reflection, the reader is absolutely right about the slight shift in tone, although I continue to urge people to action by calling, writing, texting, canvassing, and donating. I understand that the increased emphasis on protesting is not necessarily what everyone wants to hear. But we have no choice. A moment of crisis is upon us, and we are the last line of defense. The major guardrails of democracy have failed us: Congress, the Supreme Court, the media, and business leaders.

It is up to us. The violent tactics of ICE will stop when enough of us say “No.” There are a limited number of ways for people to express their disapproval of the government, including contacting elected officials, writing letters to the editor, posting on social media, calling, sending postcards, and voting.

But the most immediate and effective response during a moment of crisis is for our elected officials to see their constituents raising their voices in the streets.

I wish it were otherwise. We should not be called upon to protest continuously. But here we are. If we do not rally tens of millions of Americans to the defense of democracy, there is nothing that can stop the reactionary forces of MAGA extremism.

It is up to us. We must act. The time is now.

The people of Minneapolis need to know that America has their back. Show them by your presence at mass action protests, by taking individual actions, and by participating in coordinated pressure campaigns from home. They will listen—or we will replace each and every one of them!

Stay strong, everyone! We will make it through this together!

Preparing for the shutdown battle . . . .

February 3, 2026

Feb 03, 2026

Monday’s news scattered in many directions, making it challenging to find a focus. Indeed, some of the biggest stories were notably absent from the headlines. One story that I want to flag is Trump’s statement that the GOP “should nationalize elections” in fifteen states. That comment frightened many readers and gave the media plenty of clickbait. While Trump is the greatest threat to our democracy in 2026, neither he nor the GOP will be able to “nationalize” elections in any state. See the story below under the heading, Trump’s request that Republicans “nationalize” elections in 15 states is not serious.

But before addressing Trump’s temper tantrum (a “temper tantrump”), let’s acknowledge the major stories that are not receiving the “above the fold” coverage they deserve.

First, the federal government is partially shut down because of the lapse of the last continuing resolution on January 31, 2026. The quickest path to reopening is for the House to pass the five appropriations bills and the DHS two-week continuing resolution—something it could do with 100% support from the House Republican caucus. Some hardline House Republicans are demanding “poison pill” amendments that would send the legislation back to the Senate for another vote, where it would fail.

Some of the most extreme House members are demanding that the voter suppression bill known as the SAVE Act be attached to the appropriations bills. If that happened, the bills would go back to the Senate, where Democrats would vote against the SAVE Act—and the attached appropriations bills. This path is unlikely and will only lead to an extended shutdown. And for the many readers who worry that the SAVE Act will become law as part of the appropriations process, it will not! For the SAVE Act to pass, it would need support from 8 Democrats to overcome the filibuster—and that isn’t going to happen.

For a good overview, see USA Today, When will the government shutdown end? (“Rep. Anna Paulina Luna, R-Florida, wrote on social media that the “price” for her vote on the funding legislation is amending it to incorporate the SAVE Act, a voter ID bill.”)

So, the brief shutdown could end on Tuesday, or drag on indefinitely as GOP hardliners demand passage of the SAVE Act. Trump is already agitated at the GOP House caucus, so he will likely attack any Republicans who refuse to support a quick solution.

Second, the DOJ’s production of the Epstein files would be a cruel joke if it weren’t so cruel. The redactions seem intended to protect the perpetrators and expose the victims. See Ars Technica, DOJ released Epstein files with dozens of nudes and victims’ names, reports say.

Per Ars Technica,

The Wall Street Journal reported yesterday that the files included full names of victims, “including many who haven’t shared their identities publicly or were minors when they were abused by the notorious sex offender. A review of 47 victims’ full names on Sunday found that 43 of them were left unredacted in files that were made public by the government on Friday… Several women’s full names appeared more than 100 times in the files.”

The DOJ claimed that the delay in producing the documents was necessitated by a careful review to redact victims’ names. The review appears to have been anything but “careful.” On Monday, the DOJ admitted that 0.1% of the files contained information that identified victims. (“To date, 0.1 percent of released pages have been found to have victim-identifying information unredacted.”) Because the DOJ released 3 million pages, the “0.1 percent” figure means that about 3,000 pages identify victims.

We should not skip over the fact that Trump was mentioned 38,000 times in the latest release of the Epstein files. See The New Republic, Here’s How Many Times Trump Is Mentioned in New Epstein Files. The references include an appearance on an FBI tip sheet in which someone told the FBI that Trump engaged in sex with a minor. Given that the DOJ has released only half of the Epstein files in its possession and that DOJ lawyers heavily redacted them, it is reasonable to assume that Trump is mentioned tens of thousands of times in addition to those already disclosed.

Congress and the press should continue their efforts to achieve full transparency into the perpetrators and justice for Epstein’s victims.

Harvard University prevails in long resistance to Trump’s anti-DEI campaign.

I noted last week that the DOJ dropped its appeal of a district court ruling that invalidated Trump’s anti-DEI campaign against universities and colleges. See ABC News, Trump administration drops legal appeal over anti-DEI funding threat to schools and colleges.

As I noted last week, the many universities and colleges that capitulated to Trump without a fight and revoked their commitments to diversity and inclusion have a lot of soul-searching to do. Indeed, university presidents and trustees should be considering resigning to make way for leaders with backbone.

On Monday, the NYTimes reported that Trump has dropped his demand for a cash payment from Harvard for its diversity and inclusion policies. See NYTimes, Trump Drops Demand for Cash From Harvard After Stiff Resistance.

To be clear, the administration hasn’t relented in its anti-DEI campaign against Harvard. So, after a victory on the demand for cash, conceding to Trump now would be a major mistake by Harvard’s leadership. Per the Times,

The White House’s concession comes amid sagging approval ratings for Mr. Trump, and as he faces outrage over immigration enforcement tactics and the shooting deaths of two Americans by federal agents in Minnesota. A deal with Harvard would hand the president a victory at a difficult time in his presidency. But those same factors could also torpedo a deal, as some Harvard leaders now consider the risk of backlash even higher if they are seen as having any hand in easing the pressure on Mr. Trump, according to one person familiar with their thinking. Some connected to the university, however, think Harvard has no option but to eventually cut a deal. The administration has repeatedly attempted to cut off research grants, which would be an untenable crisis. Like many major research universities, Harvard relies on federal funding for its financial model.

If you are a Harvard alum, let your alma mater know how you feel! Harvard Alumni Affairs & Development, Email: [email protected], Phone: 617‑495‑1750

Director of National Intelligence Tulsi Gabbard’s conduct raises serious questions

As Director of National Intelligence, Tulsi Gabbard is generally prohibited from participating in domestic law enforcement operations, although she can “coordinate” with US domestic agencies under certain circumstances. It was therefore a surprise to everyone, including Deputy Attorney General Todd Blanch, when Gabbard was spotted at the FBI raid of the Fulton County registrar’s office. Blanche claimed he didn’t know why Gabbard was at the raid but was sure she had a good reason. See NBC News, Tulsi Gabbard defends her presence at FBI search of Georgia elections hub.

It gets curiouser. The NYTimes reported on Monday that Gabbard called Trump during the raid, and then allowed Trump to speak to the FBI agents as they were in the Fulton County registrar’s office conducting the raid. See The Independent, Tulsi Gabbard helped put Trump directly in touch with agents raiding a Georgia election office: report.

Although the Times’ sources claimed the conversation lasted “only a minute,” it is unthinkable that the president would speak to FBI agents while conducting a raid, much less while the FBI was conducting a raid designed to validate the president’s partisan revenge campaign against election officials who refused to bend to his will in 2020.

The FBI agents may be innocent victims in this scandal, but they should have refused to speak to Trump. Some things stink to high heaven, and Trump speaking to FBI agents during a raid is one of them.

Gabbard may have arranged the phone call to get back in Trump’s good graces. There are troubling reports that Gabbard has been sitting on an explosive whistleblower report about her that involves incredibly sensitive US national security secrets. See WSJ, Classified Whistleblower Complaint About Tulsi Gabbard Stalls Within Her Agency

Per the WSJ,

[T] he Gabbard complaint has been locked in a safe in the office, a person familiar with the matter said. Asked about the safe, the inspector-general representative said: “Some complaints involve exceptionally sensitive materials necessitating special handling and storage requirements. This case is one of them.” Some of the material in the complaint is also “marked as ‘attorney-client privileged,’ ” and could be subject to “executive privilege,” which generally refers to the power of the president to withhold confidential information or private discussions from Congress or the judicial branch, the inspector general’s office said.

So, as Gabbard refuses to share with Congress a whistleblower report about her, she is ingratiating herself to Trump by allowing him to speak to the FBI during a raid designed to validate his election conspiracy theories.

As I said, this stinks to high heaven. Democrats in Congress should refuse to provide any votes to Republicans for anything until Gabbard releases the long-overdue whistleblower report that apparently accuses her of misconduct.

Trump’s request that Republicans “nationalize” elections in 15 states is not serious.

During an interview on a conservative radio program, Trump said that Republicans should “nationalize elections” in 15 states that he suspected of vote rigging against him. See NBC, Trump says Republicans should ‘nationalize’ elections. (“The Republicans should say, ‘We want to take over. We should take over the voting in at least — many, 15 places. The Republicans ought to nationalize the voting.”)

The comment caused a firestorm of reaction on social media and in the mainstream press. Several readers of this Newsletter asked me to comment on Trump’s statement.

As I noted above, Trump is a threat to our democracy. At one level, we should take everything he says seriously. At another level, the man babbles in a stream-of-consciousness manner that is frequently disconnected from reality. How do we know when we should take specific statements seriously?

Trump’s desire to nationalize elections aligns with his extensive voter suppression efforts, including his recent demand for an FBI raid on the Fulton County registrar’s office. So, we should believe him when he says he wants to nationalize elections in Democratic strongholds.

While it is theoretically possible to “nationalize” federal elections, it’s not likely to happen.

Let’s start with first principles. The federal government has no control over state and local elections. None. The only exception is if those elections are run in a manner that violates the 14th and 15th amendments to the US Constitution, which prohibit denying the right to vote based on “race, color, or previous condition of servitude,” and guarantee equal protection under the law. So, Congress simply cannot “nationalize” state and local elections.

Authority to regulate federal elections is jointly delegated to the states and Congress. Article I, Section 4, Cl. 1 of the Constitution provides,

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

So, the default arrangement is that states control federal elections, but Congress can exercise control over federal elections by passing legislation. In the current configuration, states do, in fact, control federal elections, although there are some federal regulations in place to ensure compliance with the Constitution (like the Electoral Count Reform Act).

Trump’s statement asked “Republicans” to “nationalize” elections. At most, that means that congressional Republicans would need to pass legislation to take control of federal elections.

But here’s the catch: Legislation affecting voting rights is subject to the filibuster in the Senate. Senate Majority Leader John Thune has repeatedly said that he would not create an exception to the filibuster to pass voting legislation (like the SAVE Act). Because the filibuster will apply, “Republicans” don’t have enough votes in the Senate to “nationalize” federal elections.

Trump is therefore leaning on Senate Republicans to abolish the filibuster. They won’t. Democracy Docket has a good explainer on why Republicans do not want to abolish the filibuster. See Democracy Docket, Will Republicans kill the filibuster to pass Trump’s voter suppression bill?.

Because Republicans are the smallest of three major voting blocs in America (GOP, Democrats, and independents), they need the filibuster to supercharge the unfair advantage that small, southern states have in the Senate.

Per Democracy Docket,

“The filibuster, for good or for ill, protects more Republican issues than Democratic issues,” said Daniel Schuman, executive director of the American Governance Institute. “Giving up the filibuster, for Republicans, would be letting Democrats compete on a more level playing field, which is not necessarily something that they would want to do.”

So . . . in order to “nationalize” federal elections, Republicans would need to give up the filibuster, which they desperately do not want to do. But if they did end the filibuster, the next Democratic majority could reverse any legislation the GOP passed and enact new legislation, such as the John Lewis Voting Rights Advancement Act and the For the People Act.

Per Democracy Docket,

[Ending the filibuster] could be a gift in disguise to Democrats, experts say, as the filibuster has more frequently frustrated progressive proposals, both historically and in recent years, than derail conservative priorities.

The same logic that suggests Republicans won’t “nationalize” federal elections also explains why they won’t pass the SAVE Act as part of the appropriations package currently under consideration—they would need to end the filibuster. That is not likely to happen.

Concluding Thoughts

We may be in for a rough few weeks as congressional Democrats try to force changes on ICE by withholding funding for DHS. But we should not shrink from the fight. Public opinion is strongly on our side. More importantly, it is the right thing to do. Americans are being executed in the streets, children are being jailed, and citizens and immigrants are being dragged out of their cars based on the capricious whims and biases of unqualified ICE agents.

This showdown has been brewing for six months. We are in a strong position and should press our advantage. Imagine the tremendous boost to the resistance if we can break the GOP’s majority power in Congress to force real changes at ICE.

But even if we do not win, our cause is just and the struggle prepares and strengthens us for the next battle. We do not need to win every battle, just most of them over time. We can do that. We are doing that—with your help! Keep up the good work!

The American people have put their lives on the line to resist ICE. Literally. In doing so, they have made tremendous headway in forcing the administration to reconsider some of ICE’s worst abuses. The question of ICE’s future has now moved to the Senate, where Democrats can use the filibuster to defund the Department of Homeland Security, ICE’s parent agency. The filibuster is powerful leverage, especially when combined with the outrage of the American people over ICE’s murderous rampage.

Democrats can shut down about 50% of the federal government or, alternatively, indefinitely suspend funding for DHS until Republicans agree to major reforms at ICE.

It is difficult to discern where the Democratic caucus in the Senate is at this moment in time. Democratic leadership in the Senate seems to be signaling the outlines of a compromise that would keep both the government open and DHS funded. But individual senators speak of withholding all funding for DHS until there are major reforms at ICE.

The Wall Street Journal seems to have good sources within the Democratic leadership in the Senate and has reported the following outlines of a deal:

First, [Schumer] said, Democrats want to end roving patrols, tighten the rules governing warrants, and require that Immigration and Customs Enforcement coordinate with state and local law enforcement. Second, federal agents should be held to the same use-of-force policies that apply to other police forces and be held accountable for violations, including through independent investigations, Schumer said. Finally, federal agents must be prohibited from wearing masks and required to use body cameras and carry proper identification, he said.

See WSJ, Democrats Lay Out Demands on Immigration Agents as Shutdown Nears. (Gift article accessible to all.)

The proposed reforms can be summarized as follows: ICE will follow some (not all) of the rules and practices observed by every other law enforcement agency in the US.

If Senate Democrats relinquish the filibuster in exchange for the above reforms, they can retreat to their private clubs in smug satisfaction and take a long nap after a heavy lunch. Meanwhile, Americans will continue to die in the streets because ICE is a rogue agency filled unvetted, unqualified, untrained, heavily armed men supervised by angry white supremacists and Congress will have done nothing to stop it.

ICE is a broken agency that does not deserve to exist. The necessary reforms must come very close to shutting down ICE and rebuilding it from the ground up.

ICE is filled with agents for whom no background check was conducted. It is filled with agents who have no prior experience or training in use of force. It is filled with new hires who responded to ads that used explicit reference to “first person shooter video games” in which the objective was to “stop the flood” of “aliens” from destroying humanity. They must all fired and given the opportunity to re-apply under stringent background checks, qualification requirements, and extensive training for law enforcement officers.

ICE has been granted an obscene budget increase such that a conservative estimate of its annual budget gives it more resources than the armies of nations like Italy, Israel, and Brazil. ICE’s annual budget is about 50% of the UK’s military budget—which has the world’s sixth largest army. Newsweek (7/3/25), ICE Budget Now Bigger Than Most of the World’s Militaries.

ICE’s current leadership should be impeached, fired, and prosecuted for obstruction of justice arising from the interference with Minnesota’s criminal investigation of the murders of Renee Good and Alex Pretti.

ICE’s secret database of peaceful protesters must be purged and destroyed, with notice to every American who was illegally included in the database because they exercised their first amendment rights. See Ken Klippenstein (Substack), ICE Making List of Anyone Who Films Them.

There is more, but Democrats should not be the people proposing the reforms. Democrats can simply say, “No! Republicans should make a proposal that will satisfy us, and we will let you know when you have given enough.”

Josh Marshall makes this point in Talking Points Memo on 1/28/26.

Marshall writes:

I saw Bill Kristol saying earlier this week that Democrats were struggling to coalesce around a specific list of proposals or demands. That’s not what’s important, he said. What’s important is simply to say, “No!” I’d expand on that by saying that I’m not sure it’s a good idea to get forced into being the side that comes up with a proposal. If I were up there, I’d say, “We won’t stand for any of this. We don’t want masked secret police preying on American communities.” “You want our votes? You solve it. You tell us how you’re going to clean up your mess and the chaos and bloodshed you’ve caused.” The public really, really doesn’t like this. Republican politicians are looking for ways to get out from under it.

I don’t think Democrats need to do Republicans’ work for them. It’s a moment when the job of the opposition is simply to say, “No!”

So, Senate Democrats, leave behind all the strategizing and negotiating. Swing for the fences and then wait for Republicans to beg you to fund DHS. Otherwise, you are letting down the people who elected you to represent them, people who are literally risking their lives to stop ICE. Let them know you have their backs. Or be prepared for them to turn their backs on you when you next ask for their support.

Some good news and some bad news about the investigation of killers of Renee Good and Alex Pretti.

DHS has belatedly placed on administrative leave the two officers who killed Alex Pretti. See BBC News, Agents involved in shooting of Minnesota man Alex Pretti put on leave.

It is unclear whether Renee Good’s killer, Jonathan Ross, remains on duty. His home has been emptied of contents by federal agents and he has not been seen since the day of the shooting. A reasonable inference is that Jonathan Ross and his family are in some type of federal “witness protection program.” Deputy Attorney General has said that there is no reason to investigate Jonathon Ross’s criminal liability, if any, in the killing of Renee Good.

DHS is conducting the investigation of the killing of Alex Pretti, but it is not clear whether the investigation is focused on the two killers or the victim. See Borderland Talk with Jenn Budd (Substack), Former Border Patrol chief known for illegal coverups leads Pretti homicide investigation.

Meanwhile, state investigators remain blocked from both cases. See Minnesota Star Tribune, Editorial, Who shot Alex Pretti? Federal officials won’t say. (“The Department of Justice and the Department of Homeland Security have so far refused to cooperate with state investigators and release evidence crucial to understanding the timeline of events and circumstances leading up to the slaying of the 37-year-old Minnesota resident.”)

In short, despite lip service to an “independent investigation,” the evidence suggests that federal authorities are attempting to cover up the crimes of ICE and CBP agents. Senate Democrats should take that fact into consideration when evaluating the merits of funding DHS.

Administration attempt to smear Alex Pretti

The administration has leaked a video of a man presumed to be Alex Pretti in an incident about two weeks before his murder. The brief snippet released to a right wing journalist shows Alex Pretti shouting at a group of ICE agents departing a location in an SUV. Pretti spits toward the SUV, then kicks the back tail light. The agents depart from the vehicle, gang tackle Pretti, and then leave when a crowd gathers. I am not going to link to the video to avoid giving it more clicks. It you want to view it, search for Fox 11 News, New video shows Alex Pretti appear to spit on, break tail light of federal agent’s vehicle.

Nothing in the video has any bearing on the events surrounding his murder. The only relevant fact may be that he was also carrying his pistol in his back waistband when he was tackled, but did not unholster it during the incident.

Bruce Springsteen releases song about the Streets of Minneapolis.

Bruce Springsteen has released a moving song about the ICE invasion of Minneapolis and the murders of Renee Good and Alex Pretti. Thanks to reader Steve Widmer for being the first of many readers to bring this powerful song to my attention.

Listen to the song here: Bruce Springsteen - Streets Of Minneapolis (Official Audio)

Tesla’s auto sales and profit suffer first-ever yearly decline.

For those steadfast souls who are maintaining weekly #TelsaTakedown protests, your work is paying off! See The Telegraph, First ever Tesla revenue decline after Musk backlash. (“Activists last year launched “Tesla Takedown” protests targeting the carmakers’ stores in a bid to slow sales after Mr Musk was appointed by the White House to cut government spending.”)

Reporting on Tesla’s financial performance has been inconsistent. Altough Teslas unit sales, revenue, and profit from electric vehicles declined for the first time on an annual basis, Tesla “beat analyst’s expectations,” which on Wall Street counts for a “positive story.”

It is true that the entire electric vehicle market is struggling (in part, due to Trump). But Tesla has been hit particularly hard. And though most analysts have been reluctant to credit the #TeslaTakedown movement for the decline in sales, Musk said so the last time he spoke on an annual earnings call. See Rolling Stone (4/22/25), Elon Musk Bemoans ‘Paid’ Protests as Tesla Earnings Plummet.

The impact of the #TeslaTakedown protests is instructive. While protesters who stood in the streets week-after-week and month-after-month may have questioned the efficacy of their efforts, they were shaping the course of history through their determination and persistence.

We have not seen the last of Elon Musk’s meddling in our democracy. The success of the Tesla boycott should give him pause in the future. Good job, everyone!

Concluding Thoughts

I feverently hope that Senate Democrats will meet the moment by using their leverage to deconstruct and rebuild ICE from the ground up. The conditions for doing so will never get better. Senate Democrats should act boldly and courageously when they have the people backing them at historic levels. If we can’t do it with the overwhelming support of the people, we may be forced to wait until 2027 or 2029. How many more innocent people will die in the interim?

The resistance in Minnesota should be studied and replicated everywhere. ICE’s horrific actions in Minnesota are rightfully claiming most of the news media’s attention. But the situation in Maine is also horrific and deserves more coverage from the press and attention from everyday patriots. And there was a sudden uptick of ICE arrests in Los Angeles on Wednesday.

The point is this: Regardless of what happens this week in Congress, we are engaged in a long-term struggle. If we defeat ICE, Trump may pivot to the Insurrection Act or declare martial law (something he has no power to do and would be illegal). Or he may summon mobs to “protect” polling sites in 2026.

We have seized the momentum by showing up in the streets. We must continue to do so in greater numbers and with greater intensity in the coming weeks and months. In all candor, we have dragged congressional Democrats kicking and screaming behind us for most of the last eight years. Not ideal, but it has worked. If we must continue to do so, we should not bemoan our fate. Instead, we should be grateful that our resistance is paying off at just the right moment. It could be otherwise!

For years, the far right has insisted that it and only it knows how to govern because its ideology is the only legitimate way to look at the world. The fight over funding for TSA illustrates on a micro level how lawmakers who ignore the real world to cleave to an ideology strengthen authoritarianism.

But these days, the dangers of clinging to the far-right ideology are around us at the macro level as well. We are almost four weeks into a war with Iran, started without input from Congress by a president who is now contemplating sending soldiers to fight in a conflict he is eager to put into the rear-view mirror. Trump “is getting a little bored with Iran,” a senior White House official told Jake Traylor of MS NOW. “Not that he regrets it or something—he’s just bored and wants to move on.”

#toddlertrump

#fundTSA