The year was 1971. Paul Cohen wore a jacket in a California courthouse that bore the words “Fuck the draft.” Writing for the majority, Justice John Marshall Harlan wrote that the “four letter expletive,” while provocative, was protected speech.

One man’s vulgarity is another’s lyric.

Apparently, this message failed to make its way to Punta Gorda, Florida, where Police Officer David Joseph Lipker arrested Andrew Sheets, appearing pro se, for standing on the sidewalk with two flags, one stating “Fuck Trump” and the other stating “Fuck Biden.” Lipker moved for dismissal based on qualified immunity, that the officer relied on the local ordinance against disturbing the peace. Middle District of Florida Judge Kyle Dudeck denied the motion. Continue reading →

The action was brought by five Haitian immigrants, here legally under the Temporary Protected Status, unceremoniously, and likely unlawfully, ended so that they miraculously morphed from legal immigrants to illegal aliens, thus turning them from friends and neighbors to targets for ICE thugs to target, beat, and imprison. DC District Court Judge Ana Reyes said no.

On December 2, 1783, then-Commander-in-Chief George Washington penned: “America is open to receive not only the Opulent & respected Stranger, but the oppressed & persecuted of all Nations & Religions.” More than two centuries later, Congress reaffirmed President Washington’s vision by establishing the Temporary Protected Status (TPS) program. See 8 U.S.C. § 1254a (TPS statute). It provides humanitarian relief to foreign nationals in the United States who come from disaster-stricken countries. It also brings in substantial revenue, with TPS holders generating $5.2 billion in taxes annually.

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From the travel blog, View from the Wing, Gary Leff raises chilling allegations about the consequences of ICE checking your citizenship.

The Department of Homeland Security and Immigration and Customs Enforcement is expanding use of identification and tracking – not just immigration targets but also on U.S. citizens who are documenting, protesting, and observing enforcement operations. And participating in these events is getting Global Entry yanked.

The government is using a smartphone app called “Mobile Fortify” that lets agents scan a face and even capture ‘contactless’ fingerprints and run them through biometric matching systems to return names and biographical data. Reportedly the agency has used Mobile Fortify over 100,000 times. They use BI2 Technologies for smartphone iris scanning against a large law enforcement iris database. The agency defends this all as “lawful.” Continue reading →

I’ve been asked many times lately what can be done about the excesses of ICE and CBP violating the constitutional rights of American citizens, whether by killing them or lesser methods. Given the current status of Bivens actions, the answer is “not a damn thing” beyond a state criminal prosecution. As Adam Liptak relates, there was a proposal back in 1987 that could have done the trick.

The key to holding Immigration and Customs Enforcement agents accountable for constitutional violations may lie in a 1987 law review article by a young law professor named Akhil Reed Amar.

“I think it was a good idea then,” he said last week, “and it’s only taken more than half a lifetime for people to actually read the thing.”

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The opinion is a mere three pages, almost nothing in the scheme of judicial decisions these days, which can stray into the hundreds of pages with the formulaic content and a bit of cut and paste. But Western District of Texas Judge Fred Biery didn’t want to bury the lede in his ruling for five-year-old Liam Conejo Ramos and his father.

In a blistering opinion ordering Liam’s release, Judge Fred Biery of the Federal District Court for the Western District of Texas condemned “the perfidious lust for unbridled power” and “the imposition of cruelty.” The boy’s father, Adrian Conejo Arias, was also arrested and the pair were taken to an immigration detention center outside San Antonio. A lawyer for the family previously said in court filings that Mr. Conejo Arias, who is from Ecuador, had legally entered the country under American guidelines for asylum. The Department of Homeland Security had charged that Mr. Conejo Arias had entered the country illegally in December 2024.

To call the opinion “blistering” is an understatement. I called it a “scorcher.” Continue reading →

It was outrageous that an employee of an Internal Revenue Service subcontractor revealed Donald Trump’s tax return to the New York Times. And it was entirely proper that the employee, Charles Littlejohn, was prosecuted, convicted and sentenced to five years imprisonment for his conduct. But it didn’t end there.

Not until Thursday, though, had a sitting president filed such a suit. President Trump’s complaint, filed in federal court in Miami against the I.R.S. and the Treasury Department, created what legal experts said was the unparalleled situation of federal agencies facing a lawsuit from the head of the executive branch. Mr. Trump has demanded at least $10 billion in damages.

This is a conundrum. Suing the IRS for the breach of confidentiality, something DOGE might give some thought about, is a recourse available to the victim of the IRS breach. And this time, at least, Trump was indeed the victim. Continue reading →

I was going to talk about this eventually, I swear.

What do you get when you take a business that’s known to be more “entertainment” than “sport” and give the pure entertainment side it’s own television show?

You get “WWE: Unreal,” the “docuseries” currently in its second season on Netflix that offers viewers a look inside the formerly-secretive “Writer’s Room” of World Wrestling Entertainment.

Let me be completely honest: I have a really hard time with this show. Part of wrestling’s allure has always been the suspension of disbelief that lets fans on occasion think that even though everything else is bullshit, that one thing they saw on the card was real. Continue reading →

Did you know that Dominion Voting Machines was purchased by a Trump ally? Did you know that the United States Attorney who obtained the search warrant for Fulton County, Georgia, voting records for 2020 came out of Eastern District of Missouri, where Dominion is located? Did you know that the special agent in charge of the Atlanta FBI office was removed by Ka$h Patel a week ago? Did you know that the Director of National Intelligence, Tulsi Gabbard, whose responsibility is to coordinate American foreign intelligence agencies went to Fulton County to oversee the FBI execution of the search warrant?

Did you know that the President of the United States is pleased by all this? Continue reading →

Some might consider it ridiculous that Jeff Bezos thought it wise to pay $40 million to produce a movie no one outside the White House wanted. But then, was it really about making a documentary about Trump’s third wife, or about having a mechanism to funnel a $40 million to Trump? As a movie business decision, it was nuts. As a Trump business decision, it was still nuts, given that any purchase of Trump’s affection lasts only until the check clears.

But Amazon paid, and the movie was made.

Amazon paid Ms. Trump’s production company $40 million for the rights to “Melania,” about $26 million more than the next closest bidder, Disney. The fee includes a related docuseries that is scheduled to air later this year. The budget for “Melania” is unknown, but documentaries that follow a subject for a limited amount of time usually cost less than $5 million to produce.

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When the chair of the House Committee on Oversight and Government Reform, Republican James Comer, subpoenaed Bill and Hillary Clinton, he no doubt did so for nefarious purposes. It served to focus attention on the Clintons’ relationship with Jeffrey Epstein, and thereby deflect attention from Epstein’s best friend. It was in direct conflict with the position taken by Trump administration officials, who refused to comply with the January 6 select committee’s subpoenas under a baseless claim of Executive Privilege.

There was no good faith basis for the testimony of Bill Clinton, for whom there is no evidence that he had knowledge or connection with Epstein’s sex abuse and trafficking with young girls. There was even less basis for the testimony of Hillary Clinton. Nonetheless, Comer issued the subpoenas for closed-door testimony. Continue reading →