The Immovable Object Is Us

"Power Concedes Nothing Without A Demand" - Frederick Douglass

The landscape is very grim. We are in an emergency. Whatever legal avenues we have available must be used. Whatever organizing power exists must be deployed. Whatever litigation possibilities we can develop must be explored and advanced. Here are some thoughts about where we can focus energy and work for the coming weeks:

1) Continuing to protest the occupation of our cities is critical. We all owe a debt of gratitude to the resilient and principled stance of the people of Minneapolis and the state of Minnesota who have remained undeterred. They have fought for their neighbors and for themselves. They have stood in proud defense of their city, and their right to peacefully protest. The organizers on the ground have been extraordinary. Every city in a blue state, or where a mayor or governor has defied Trump’s demands, should be on alert. These occupations are an assertion of power and retaliation by Trump, more than an action focused on addressing immigration enforcement. Trump wants to show that he can break cities and elected leaders that oppose him. Start by pushing for the passage of anti-mask legislation and ordinances for law enforcement officers so that prosecutors can identify the perpetrators for investigation.

2) Minnesota Attorney General Keith Ellison has done a superb job of moving quickly to court to try and compel the preservation and access to evidence in the Pretti case. The thorough investigation Minnesota needs to support an indictment of the officers involved in the Pretti and Renee Good killings has been frustrated by the refusal of the federal officials to cooperate with state law enforcement, which is the norm. It is not clear whether the state AG’s office has even yet had access to the car in which Renee Good was killed. Mr. Pretti’s phone should also be shared with state officials. But the video evidence and the eyewitness accounts in both cases are compelling. The AG should feel no hesitation in moving forward if he determines that state charges are warranted against the officers involved, or against ICE and Border Patrol for their concerted actions in removing evidence, impeding investigation, or obstructing justice. Indeed bystander videos of countless ICE assaults against peaceful protesters who were not impeding or threatening officer actions should result in investigations and state prosecutions where warranted by the evidence. Even a Trump pardon will not protect ICE officers against conviction on state charges. It needs to become costly for ICE officers to participate in violating the rights of their fellow citizens.

3) Attorneys at firms (those not compromised by “agreements” with Trump) and non-profits across the country have continued to do exceptional work meeting the moment. Every federal district court decision that slows down our slide into the abyss is critical. These hearings and trials allow the public to learn the facts about the conduct of Trump officials – the lies, the defiance of court orders, and the suffering of victims. People say, “but what about the Supreme Court?” Fair question. But lower courts are courts too – and they have the power to find facts and educate the country and their colleges in the judiciary about the Administration’s excesses, long before cases make their way to the Supreme Court. Most of all these proceedings in district court are slowing down the train, and ensuring that a judicial eye is on the Administration’s illegal activities at an early stage. These district court judges are doing strong work in the face of threats to their families and their staff. In some cases they are issuing injunctions to hold the status quo until they can fully review the cases. Support the attorneys working on these cases. Give to the non-profits litigating civil rights and other democracy cases. Remember to post and share judicial opinions that provide a real window into the excesses of this Administration. And support where you can, those officials and individuals who have been targeted by the Administration for prosecution as retaliation for their opposition.

4) There have been rumors about plans for a General Strike. Maybe they are just rumors. But if such a plan does go forward, the conduits for information will be your local organizations. Stay plugged in with your civic organizations, churches, community centers and clubs - both online and in real life.

5) We should not forget that the world is watching. They have seen the videos, and they have been horrified by Trump’s performance at Davos. Now is the time to push. If Trump and his associates want to make this country like apartheid South Africa, then we need to draw some of our tactics from the movement to end apartheid. One key tactic was the refusal to allow South Africa to “sports-wash” its image by convening international events. The World Cup is slated to come to the U.S. as are the Olympics. The World Cup games will be shared between venues in the U.S., Canada, and Mexico. Players of color from around the world cannot guarantee their own safety or the safety of families and friends who may travel to the U.S. to view the matches, under the current conditions with DHS officials engaged in blatant racial profiling, kidnapping, assaults, and even killings. Many of the ountries who are slated to participate in the Cup are on Trump’s recent list of countries for which Trump has ordered the suspension of visas. Most of these countries, unsurprisingly for Trump, are in the global south. I am a soccer lover and that encourages me to prioritize the safety of players and their loved ones. If countries pull out of attending the Cup in the U.S. it would be huge. Already officials in Germany and Netherlands are considering boycotting the games. Soccer is the world’s #1 sport. All games should be moved to Mexico and Canada.

6) On the political front, I am gratified to learn that the Democrats appear to be standing pat on not voting for an appropriations bill that includes additional ICE funding. We need to keep the pressure on the Democrats. We need congressional investigations into the actions of ICE and Border Patrol (what is the “training” Kristi Noem insists has instructed officers to behave as they did in the Good and Pretti incidents?), and a bill to dismantle ICE. But more than just pressuring Democrats (who are in the minority) we also need to demand that Republicans do their duty and follow the law. Just because Speaker Mike Johnson and his caucus have shown themselves to be craven, mendacious, and shameless, doesn’t mean we should let them off the hook. They need to feel pressure. And not just about ICE activities. Trump just announced that he will impose 100% tariffs on Canada if they make deals with China. Of course Trump won’t impose such a tariff, but that kind of language must stick in the craw of Republican constituents who are already suffering under Trump’s tariff lunacy. Do not forget that many of the House and Senate Republicans know that their constituents, many farmers, and small business owners are already hurting. And Republicans know that they are facing massive losses in the midterms. We need to pressure them. “Power concedes nothing without a demand.”

7) Democrats do not have the votes to impeach. But pressing Articles of Impeachment against Secretary Noem would convey the seriousness of her abuse of power and mendacity. The impeachment resolution current circulating has nearly 140 Democratic co-sponsors. Without question, Articles of Impeachment are warranted against AG Pam Bondi, and Trump as well. But start with Noem - low-hanging fruit. The Democrats are not in the majority, I know. But pressing forward with Articles of Impeachment is an action that this moment requires. By not doing so, the Democrats would send a signal that the current crisis does not rise to the level of the emergency that it is. Republicans should be compelled to confront a united Democratic front on impeachment. Make them defend these officials who so flagrantly abuse their power. Too often activists presume (correctly) that Republicans will be lawless and unfit. But it is important that we make them show that this is what they are. Pressure your Representatives and Senators - both Democrats and Republicans.

8) I have suggested pressing demands for the invocation of the 25^th Amendment. Given that the 25^th Amendment can only be invoked by the members of the Cabinet it is, most believe, a lost cause. That is true. Many members of the Cabinet are as unhinged and unfit as Trump. But by demanding that the cabinet act on the 25^th Amendment, Democrats will put Trump’s mental state squarely in the center of the national conversation, where it belongs.

9) Finally, the resilience and determination of Minnesotans, and that of the Chicagoans, Portlandians, and Los Angelenos before them, should compel us all to look at ourselves. Do we feel ready to protect our neighbors and our communities with that level of engagement and insistence? Have you received training in non-violent protest and resistance? In bystander intervention? Is your clergy community organized and prepared to participate and lead. Have you asked your rabbi, your pastor, the leaders of your mosque or gurdwara what they intend to when ICE comes to your town? Do you have a whistle? The phone numbers of a few of your neighbors? Are you supporting your local civic organizations that are doing the work? Do you follow independent media outlets to stay informed?

Get ready. Stay ready. And stay safe.