In June 2020, theTrump administration began deploying federal law enforcement forces to some cities in the United States in response to rioting andmonument removals amid theGeorge Floyd protests. Federal law enforcement elements were deployed underOperation Legend,[3][4] Operation Diligent Valor,[5][6] and theProtecting American Communities Task Force (PACT).[7][8] TheDepartment of Homeland Security (DHS) cited anexecutive order regarding "monuments, memorials and statues" as allowing federal officers to be deployed without the permission of individualU.S. states,[9] as the federal government "has the right to enforce federal laws, investigate crimes and make arrests" within states.[10]
On June 1, 2020, inWashington, D.C.,federal law enforcement deployedriot control tactics and munitions against protesters to expand a security perimeter, which allowed PresidentDonald Trump to walk from theWhite House toSt. John's Episcopal Church, Lafayette Square for a briefphoto op.[11] Days later, anonymous federal personnel in tactical and riot gear began to appear on D.C. streets; many refused to identify themselves.[12] In July 2020, federal forces were deployed inPortland, Oregon, as part of the PACT, where their use of unmarked cars and officers in camouflage without clear identification badges generated outrage.[13][14] DHS officials defended the use of unmarked vehicles and unidentified officers in camouflage; acting DHS deputy secretaryKen Cuccinelli said, "Unmarked police vehicles are so common it's barely worth discussion" and that officers wore the same uniforms and equipment each day, so demonstrators could nevertheless identify them.[14]
Federal details were also deployed toKansas City andSeattle. DHS had plans to send 150 agents to Chicago and President Trump had threatened future deployments to other cities "run byliberalDemocrats," includingOakland, California andNew York.[9] According to aGovernment Accountability Office report released in September 2020 and based on self-reported data,tactical teams from 16 federal agencies were deployed to multiple cities in May and June alone, including Los Angeles, San Diego, and San Francisco, CA; Denver, CO; Washington, DC; Miami, FL; Detroit and Port Huron, MI; St. Louis, MO; Buffalo and New York City, NY; Dallas, El Paso, Houston, and Pearland, TX; and Seattle and Tacoma, WA.[15][16]
The deployment was met with lawsuits, rebukes, and concerns over constitutionality.[17] In May 2021, Trump's successorJoe Biden revoked the executive order that allowed for federal prosecution of individuals that vandalized federal monuments.[18]
By June 19, 2020, theDepartment of Homeland Security had logged "at least 270 hours ofsurveillance" captured viaairplanes,drones, andhelicopters above demonstrations in 15 citiesprotesting police violence and the murder of George Floyd.[19] Reportedly, some footage was sent in real time to Air and Marine Operations control centers and fed from there to the so-called "Big Pipe", a digital network enabling other federal agencies and local police to access it.[19]
On June 5, 2020, Democrats on theHouse Oversight Committee wrote ActingDHS SecretaryChad Wolf, expressing concern about surveillance and intimidation viaPredator drones and the anticipated use ofCustoms and Border Protection (CBP) andImmigration and Customs Enforcement (ICE) personnel, and asking for data on surveillance and deployment.[19][20] On June 9, over 30 members of Congress also voiced concerns toFBI DirectorWray,National Guard Bureau ChiefGeneralLengyel,DEA Acting AdministratorShea, andCBP Acting CommissionerMorgan about the surveillance of protesters, demanding that they cease.[21]
On June 26, 2020, in response to awave of monument and memorial removals across the country during theGeorge Floyd protests, PresidentDonald Trump issuedExecutive Order 13933,Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence, announcing that the federal government would (1) prosecute anyone vandalizing or desecrating public monuments, memorials, and statues; government property; or religious property; (2) prosecute anyone inciting related violence; and (3) withhold federal support from local and state governments that failed to protect such structures from vandalism.[25] The executive order also stated that if theSecretary of the Interior, theSecretary of Homeland Security, or theAdministrator of General Services requested federal personnel "to assist with the protection of Federal monuments, memorials, statues, or property," they shall be provided by theDepartment of Defense, theDepartment of Justice, and/or theDepartment of Homeland Security (DHS).[25] The order was interpreted as allowing federal officers to be deployed without the permission of individual U.S. states.[9]
The Department of Homeland Security created theProtecting American Communities Task Force (PACT) to coordinate its response, including assessing any potential unrest and deploying personnel to protect structures.[8] Acting DHS SecretaryChad Wolf stated that the task force would not "...stand idly by while violentanarchists and rioters seek not only to vandalize and destroy the symbols of our nation, but to disrupt law and order and sow chaos in our communities."[26] PACT would partner with the Justice Department and the Department of Interior to share information.[27] Other departments that would potentially coordinate with the task force were theFederal Protective Service,U.S. Secret Service,Immigration and Customs Enforcement,Customs and Border Protection and theTransportation Security Administration.[27]
According to an internal memo, theDHS Office of Intelligence and Analysis received authorization to engage in domestic surveillance to protect against "threats to damage or destroy any public monument, memorial, or statue".[28]
Executive Order 13933 was revoked by PresidentJoe Biden in May 2021.[18]
On June 1, 2020, amid theGeorge Floyd protests in Washington, D.C., security forces deployedtear gas and otherriot control tactics to forcefully clearLafayette Square and surrounding streets of protesters to create a path for President Trump and senior administration officials to walk from theWhite House toSt. John's Episcopal Church for a photo op.[11][31] Just before visiting the church, Trump delivered a speech urgingstategovernors to quell violent protests by using theNational Guard to "dominate the streets", or he would otherwise "deploy theUnited States military and quickly solve the problem".[32][33][34]
A number of law enforcement agencies were involved in the clearing operation, including personnel from theU.S. Park Police (USPP),U.S. Secret Service,Federal Bureau of Prisons,Arlington County Police Department,U.S. Marshals Service,Drug Enforcement Administration (DEA),Federal Bureau of Investigation (FBI), andBureau of Alcohol, Tobacco, Firearms and Explosives (ATF).D.C. National Guard Military Police were present but did not participate.[31][35][36]
On June 3, armed and camouflaged individuals were seen patrolling the streets of Washington, D.C. wearing anti-riot gear. The individuals refused to identify themselves to journalists. A representative of the National Guard later identified the individuals as employees of the Bureau of Prisons.[12]
Three days after the Lafayette Square clearing, a group of protesters and Black Lives Matter D.C., represented by theAmerican Civil Liberties Union (ACLU) andLawyers' Committee for Civil Rights Under Law, filed a federal lawsuit against Trump and Attorney GeneralWilliam Barr, claiming they conspired to violate, and did violate, their constitutional rights under theFirst andFourteenth Amendments.[37][38][39] Other officials, including Defense Secretary Mark Esper and Secret Service DirectorJames M. Murray, were also named as defendants.[40][41][42]
A second lawsuit was filed by three protesters on June 11 against law enforcement and Trump administration officials asserting that the forced removal represented a "gross abuse of executive power" that violated their First,Fourth andFifth Amendment rights.[43][44]
On June 22,Mark Greenblatt,Inspector General for theUnited States Department of the Interior, launched an investigation into the June 1 event following requests from several lawmakers.[45] On July 23,Michael Horowitz, theDepartment of Justice Inspector General, announced that he was investigating the role of the Department of Justice and its law enforcement personnel in responding to protests in Washington during the previous two months, "examining the training and instruction that was provided to the DOJ law enforcement personnel; compliance with applicable identification requirements, rules of engagement, and legal authorities; and adherence to DOJ policies regarding the use of less-lethal munitions, chemical agents, and other uses of force.” He added that he would coordinate with Inspector General Greenblatt's office on the Lafayette Square investigation.[46][47]
The clearing of demonstrators from Lafayette Square was widely condemned as excessive and an affront to theFirst Amendment right tofreedom of assembly by religious leaders and former military leaders, among others.[48][49][50][51] D.C. Attorney GeneralKarl A. Racine referred to Trump's actions as that of a "tyrannical president".[52]
Following the event,Speaker of the House of RepresentativesNancy Pelosi andSenate Democratic LeaderChuck Schumer issued a joint statement, reading in part, "at a time when our country cries out for unification, this President is ripping it apart."[53]
At the start of July, forces from theDepartment of Homeland Security (DHS), theU.S. Marshal Service,U.S. Customs and Border Protection (CBP), and the Federal Protection Service arrived in Portland, appearing at theU.S. courthouse, where they fired pepper spray or tear gas at protesters who got too close to the building.[54] According to an article published by the Washington Post, some White House officials claimed that Trump became interested in federal operations against the protesters as a means of underscoring his law-and-order message, with the sources accusing the White House of wanting "to amplify strife in cities," and positing that the deployment was "about getting viral online content."[5] The DHS referred to its deployment in Portland asOperation Diligent Valor.[5][6]
Protester Donavan La Bella was shot in the head with a projectile fired by federal agents in Portland on July 11. He suffered facial injuries and skull fractures, requiring reconstructive surgery.[55] On the same day, a man hit a federal agent in the head and shoulder with a hammer and was arrested.[56][57]
| External videos | |
|---|---|
 BLM protests: Local officials criticise federal agent presence in Portland,BBC News | |
| Portland's mayor tear gassed by federal agents,CBC News |
In the early hours of July 15, protester Mark Pettibone was walking home from a protest in Portland when an unmarked minivan stopped. A friend who had been walking with him recorded on videotape as multiple armed individuals clad in camouflage jumped out of the van; they apprehended Pettibone without identifying themselves or stating a reason for their actions.[58] According to Pettibone, the camouflage-clad individuals placed him in the unmarked van and blindfolded him using his own beanie hat. Pettibone says the van then drove around in the city and took him to a building that he later learned after his release was the federal courthouse.[58] There he was photographed, searched, placed in a cell, andMirandized. Pettibone declined questioning and invoked his right to an attorney; he was released about 90 minutes later. He said he was not given any written record of his arrest or citation for any alleged crime.[58] The U.S. Marshals Service issued a statement denying their agency was involved in Pettibone's apprehension, but U.S. Customs and Border Protection later acknowledged that its agents were involved.[59]
On July 15, video was recorded showing several unidentified armed individuals wearing camouflage fatigues physically apprehending another demonstrator and taking him away in an unmarked van.[59] On July 18, thePortland Tribune filmed federal agents as they repeatedly struck and pepper sprayed a protester while he stood "as solidly as a rock". Chris David, a 54-year-old graduate of theUnited States Naval Academy and former Navy officer clad in Navy apparel, was a newcomer to the protest, reportedly drawn by recent stories of "kidnappings" by militarized federal agents. According to David, he approached federal agents and asked them how their actions squared with their oath to the Constitution. At that point, he was struck five times by double-handed blows from clubs, causing multiple broken bones and requiring surgery.[60][61]
On July 21 Richard Cline, deputy director of theFederal Protective Service, told reporters that three officers had suffered eye injuries when protesters deliberately aimed lasers at their eyes, and that the officers "may not recover sight in those eyes". The report was later repeated by White House Press SecretaryKayleigh McEnany, blaming "so-called peaceful protesters".[62] Contradicting McEnany's claims of permanent blindness, Acting Deputy Secretary Cuccinelli later testified that all officers recovered full vision within hours or days.[63]
On July 22, Portland mayor Ted Wheeler traveled to the protest site to address the assembled crowds and engage in a "listening session". Wheeler's session was interrupted when he was tear gassed by federal agents.[64][65][66]
On July 27, the Trump administration announced that additional federal agents would be sent to reinforce the Portland Courthouse.[67][68] However, under a deal worked out between GovernorKate Brown and the Trump administration, federal agents withdrew to standby locations on July 30, while state and local law enforcement forces took over responsibility for protecting the courthouse; they made no arrests and mostly stayed out of sight. A DHS spokesperson said federal officers would remain in the area at least until August 3.[69]
On July 31, Democratic members of theSenate Intelligence Committee sent a letter to actingUnder Secretary of Homeland Security for Intelligence and AnalysisBrian Murphy inquiring about federal surveillance activities afterThe Washington Post acquired a DHS Open Source Intelligence Report reportedly revealing that Homeland Security had access to and scrutinizedTelegram app messages posted by Portland protesters. It was not clear how the messages were acquired and the messages apparently did not discuss violent activity, but tactics on how to evade law enforcement during demonstrations. A day prior, Chad Wolf had ordered theDHS Office of Intelligence and Analysis to stop collecting information on journalists after a separateWashington Post report.[70]
On August 26, Federal Protective Service officers and other DHS personnel used tear gas and impact munitions to disperse a crowd of demonstrators from theImmigration and Customs Enforcement building inSouth Waterfront.[71]
Border Patrol agents in Portland were not "specifically trained in riot control or mass demonstrations", according to an internal DHS memo.[72]
The president's actions raised "the prospect of a constitutional crisis" according to theAssociated Press.[73]
The Oregon chapter of theAmerican Civil Liberties Union had already filed a lawsuit against local entities on June 28, claiming that police targeted and attacked journalists and legal observers,[74] and on July 17, the ACLU added theDepartment of Homeland Security and theUnited States Marshals Service as defendants in that lawsuit.[75][76] The group also called for a special prosecutor to investigate civil rights violations by federal agents.[77] On July 23, federal judgeMichael Simon issued a 14-day temporary restraining order blocking federal law enforcement "from arresting or using force against journalists or legal observers unless there is probable cause, ... [and stating] that journalists and legal observers will not be required to leave an area if federal agents issue an order to disperse, and that federal officers can't seize a journalist's press pass or equipment unless they're being lawfully arrested."[78][79][80]
Attorney General of OregonEllen Rosenblum filed a lawsuit against the federal government and "John Does 1–10", the still-unidentified federal agents, alleging that they had seized Oregonians without probable cause.[2][81] The lawsuit requested a restraining order to be issued against U.S. Customs and Border Protection, DHS, theU.S. Federal Protective Service and U.S. Marshals Service to stop them from making further arrests in Portland. It alleged violations ofcivil rights by arresting and detaining people without a warrant and denying themdue process in violation of theFourth andFifth Amendments to theU.S. Constitution.[82][83]
On July 27, Protect Democracy andPerkins Coie filed a federal lawsuit on behalf ofWall of Moms,Don't Shoot Portland, and several protesters against theDepartment of Homeland Security,Customs and Border Protection,Immigration and Customs Enforcement, theU.S. Marshals Service, theFederal Protective Service, theDepartment of Justice, and the heads of these federal agencies.[84][85] The suit accuses the defendants of violating the plaintiffs'First Amendment rights and usingexcessive force, and it also claims that several of the acting officials haven't been confirmed for their roles and are overstepping their legal authority.[85] The suit seeks to limit federal law enforcement to protecting federal property and to bar them from using specific actions, such as excessive crowd-control measures and custodial detentions without probable cause.[85]
U.S. Attorney for OregonBilly J. Williams requested that the DHS Office of Inspector General conduct an investigation into the actions of DHS personnel.[86] On July 23,Michael Horowitz, theDepartment of JusticeInspector General, announced that he and the Inspector General's office at theDepartment of Homeland Security would be investigating the federal law enforcement responses in Portland, "examining the training and instruction that was provided to the DOJ law enforcement personnel; compliance with applicable identification requirements, rules of engagement, and legal authorities; and adherence to DOJ policies regarding the use of less-lethal munitions, chemical agents, and other uses of force."[46][47]
A 2021 DHS internal report found that senior DHS officials had sought to portray the Portland protests, without evidence, as an organized effort byantifa to attack government institutions, had encouraged staff to conduct illegalwarrantless searches of the cellphones of arrested protesters, and had compiled dossiers on protesters in order to attempt to prove coordination.[87]
TheGovernor of Oregon,Kate Brown, said the actions of the federal agents were a "blatant abuse of power"[82] and reported having told Acting Homeland Security Secretary Chad Wolf that "the federal government should remove all federal officers from our streets" and accused him of "putting both Oregonians and local law enforcement officers in harm's way".[88] In anNBC News editorial,seniorU.S. Senator forOregonRon Wyden described the federal officers as an "occupying army—complete with fatigues, military-style equipment and tactics that are utterly unacceptable in an American city."[89] Oregon's junior U.S. Senator,Jeff Merkley, condemned "deploying paramilitary forces with no identification indicating who they are or who they work for" and demanded "not only that these acts end, but also that they remove their forces immediately from our state."[86] Kentucky SenatorRand Paul stated, "Local law enforcement can and should be handling these situations in our cities but there is no place for federal troops or unidentified federal agents rounding people up at will."[90] Massachusetts CongressmanJim McGovern referred to Trump as a "dictator".[91]
The chairs of theHouse Committee on Homeland Security, theJudiciary Committee, and theCommittee on Oversight and Reform jointly authored a letter calling for an investigation, writing: "Citizens are concerned that the Administration has deployed a secret police force, not to investigate crimes but to intimidate individuals it views as political adversaries".[92][93]
According to a Pentagon spokesperson, Secretary of DefenseMark Esper was troubled by reports of unidentified officers in militarized garb.[94]
Cornell University professor of constitutional lawMichael C. Dorf said, "The idea that there's a threat to a federal courthouse and the federal authorities are going to swoop in and do whatever they want to do without any cooperation and coordination with state and local authorities is extraordinary outside the context of acivil war."[95] Attorney Juan Chavez, the Northwest vice president of theNational Lawyers Guild,[96] told Oregon Public Broadcasting in response to the Pettibone case, "It's likestop and frisk meetsGuantánamo Bay ... It sounds more like abduction. It sounds like they're kidnapping people off the streets."[97]
Tom Ridge, DHS's founding Secretary and a former governor of Pennsylvania, decried the deployment, saying DHS "was not established to be the president's personal militia". Ridge further opined "it would be a cold day in hell before I would consent to an uninvited, unilateral intervention into one of my cities."[98] Former DHS SecretaryJeh Johnson likewise condemned the deployment and argued that public concerns were not an overreaction.[99] Former DHS Senior OfficialJohn Sandweg argued the deployment "is so damaging to the brands of the agencies. It guts public safety."[100] Some DHS employees, speaking on condition of anonymity, decried the deployment as "blatantly unconstitutional and an embarrassment to the agency and the career civil servants who work here."[100]
DHS Acting Secretary Chad Wolf dismissed criticism saying, "I don't need invitations by the state, state mayors or state governors to do our job. We're going to do that, whether they like us there or not,"[101] and "If you are a violent rioter looking to inflict damage on federal property or law enforcement officers, you need to find another line of work ... We will not retreat, we will continue to protect our facilities and our law enforcement officers."[102] Wolf further defended Homeland Security's actions during the Portland protests at a Senate panel on August 6, denouncing local officials' lack of cooperation as "dangerous" and dismissing two former DHS secretaries' criticisms that federal agents had "no respect for ... the wishes of local authorities" as "dead wrong". He contended that DHS andDOJ officers were "abandoned" by city officials and that the "Cooperation and assistance our federal officers receive in any other city around the country did not exist in Portland."[103]
The Intercept noted the use of smoke grenades containingHexachloroethane particularly noting that "Protesters who were exposed to chemical gas ... report ... effects not usually associated with tear gas".[104]
In advance of the July 4 holiday, CBP sent agents in support of FPS forces to theHenry M. Jackson Federal Building in downtown Seattle.[105] CBP deployed 50 total agents that were then distributed among Seattle, WA; Portland, OR; and Washington, D.C.[105] State and city officials and theSeattle Police Department were not informed of the activity.[105] They did not make any arrests in Seattle.[105] DHS sent BORTAC agents and ICE tactical officers to both Seattle and Portland.[106]The Washington Post reported on July 20 that the federal agents, sent in anticipation of clashes on Independence Day, had mostly been withdrawn from Seattle.[106]
On July 23, an unspecified number of CBP agents were sent to an undisclosed location in the Seattle area.[107] Seattle MayorJenny Durkan learned of the deployment from the agency late in the day on July 23, despite an earlier claim from DHS Acting Secretary Chad Wolf, who told her the agency had no plans to send federal agents to the city and that he would inform her of any changes.[108]
On July 25, thousands of protesters gathered in Seattle (one of several U.S. cities) where demonstrations took place in solidarity withPortland, Oregon after tensions escalated due to the Trump administration's decision to deploy federal agents against the wishes of local officials.[109][110] The federal agents were not a visible presence in the protests, during which city and county police arrested 45 people.[109][110]
The following week, the federal security detail sent to Seattle was withdrawn, following continued pressure from local and Washington state officials.[111]
Washington GovernorJay Inslee responded to the deployment in a tweet stating "President Trump sent federal officers to Seattle because he is itching for a confrontation. He wants attention. We shouldn't give him either. Keep it peaceful, keep the attention where it belongs – on building a better, more just Washington for everyone."[112][113] Washington U.S. SenatorsPatty Murray andMaria Cantwell co-sponsored a bill to limit the activities of federal agents to federal property and the immediate vicinity, unless requested by the mayor and governor, and to prevent unmarked vehicles from being used in arrests.[114]
In response to the withdrawal of federal officers,King County ExecutiveDow Constantine said the "apparent swift departure of Trump's uninvited and unneeded federal forces is a welcome turn of events."[111]
The President's action of deploying federal law enforcement to various U.S. cities wascode namedOperation Legend.[4] (The operation was named after, although not capitalized the same as, LeGend Taliferro, a Kansas City-native child victim of gun violence.)[115]
On July 8, the U.S. Department of Justice announced that federal law enforcement would first be dispatched toKansas City, Missouri.[116][117] The federal assistance was at the request of governorMike Parson, although Kansas City MayorQuinton Lucas stated that he was neither consulted nor notified about the operation.[117] Kansas City activist Skyler B. Harrington from the organization Black Rainbow wrote in an editorial, "We are on the verge of a federal occupation in Kansas City—and you should be alarmed...We are the guinea pig for President Donald Trump's promise to 'take over cities'...Healing our communities has never been and never will be achieved through increased policing...We must fundamentally divest from our broken policing system to invest in our communities."[118]
Attorney GeneralBarr directed agents from the FBI, U.S. Marshal Service, Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives to help local law enforcement to quell a "surge of violent crime."[117][119] Agents were expected to be on the ground by July 18.[117]
On July 20, the first federal arrest under Operation Legend was announced.[119] That same day, Trump publicly praised the Portland policing and said he may send "more federal law enforcement" to "New York, Chicago, Philadelphia, Detroit, Baltimore, Oakland, and other cities to deal with unrest".[120] Trump said, "I'm gonna do something, that I can tell you, because we're not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these—Oakland is a mess. We're not going to let this happen in our country."[121] Trump further said the listed cities were "all run by liberal Democrats".[90]
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On July 21, U. S. AttorneyTimothy Garrison specified that an additional 225 federal agents from the FBI, the DEA, the USMS, and the ATF would join 400 agents already working and living in the Kansas City area.[119] Garrison argued that the operation will not bear any resemblance to those in Portland, insisting that agents will be clearly identifiable.[122]
On July 22, President Trump announced that forces would be deployed to Chicago and Albuquerque as part of Operation Legend.[123] In an interview withSean Hannity the next day, Trump added that if invited, "We will go into all of the cities, any of the cities. We're ready. We will put in 50,000, 60,000 people that really know what they're doing. And they're strong. They're tough. And we could solve these problems so fast."[124]
On July 29, the Department of Justice announced that Operation Legend had expanded to Cleveland, Detroit, and Milwaukee. More than two dozen federal officers were sent to each city from a combination of the FBI, DEA, ATF, and the U.S. Marshals to work on existing local law enforcement efforts aimed at combating gang violence, gun crimes, and drug trafficking. The expansion also included several millions dollars in funding, some of it going to hire additional local law enforcement officers.[125]
| External videos | |
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| Mayors respond to Trump agent 'surge',BBC News |
The deployment was jointly condemned by the Mayors of Portland, Chicago, Atlanta, Seattle, D.C., and Kansas City.[126] Chicago mayorLori Lightfoot condemned the plan, arguing "What we do not need, and what will certainly make our community less safe is secret, federal agents".[127] On July 27 mayors Wheeler, Durkan, Lightfoot, Lucas, Keller andMuriel Bowser of Washington, D.C., jointly called on Congress to make it illegal for the federal government to deploy militarized agents to cities against those cities' wishes, describing the deployment as an "egregious use of federal force on cities over the objections of local authorities".[128]
TheOakland Police Department stated it had not requested federal assistance, and the San Francisco chapter of theNational Lawyers Guild denounced the plan as "not only unconstitutional but a dangerous escalation towardsfascism."[129][90]
Philadelphia's mayorJim Kenney denounced the plan and said his city would "use all available means to resist such a wrong-headed effort and abuse of power", and district attorneyLarry Krasner issued a statement warning that "Anyone, including federal law enforcement, who unlawfully assaults and kidnaps people will face criminal charges".[130]
New York City MayorBill de Blasio said of a potential deployment, "It would backfire, it wouldn't make us safer, and we would immediately take action in court to stop it...From my point of view, this would be yet another example of illegal and unconstitutional actions by the President."[131]
New York GovernorAndrew Cuomo in a news conference on July 23 said that during a phone call with the President on July 22 that both were able to agree that no federal action would be necessary to address the rising crime rates in New York City, and that if Trump had changed his mind he would talk with Cuomo first.[132]
Albuquerque MayorTim Keller opposed the expansion, saying "There's no place for Trump's secret police in our city"; Albuquerque Police ChiefMike Geier likewise opposed the plan.[133] U.S. Senator from New MexicoMartin Heinrich condemned the expansion, writing: "If we can learn anything from Portland, it's that we don't need this kind of 'help' from the White House. The President is currently using federal law enforcement agents like a domestic paramilitary force. That's precisely how fascism begins and none of us should ever encourage or accept it."[133]
United States House of Representatives Majority LeaderSteny H. Hoyer released a statement saying, "In deploying federal law enforcement to patrol American cities like Portland and Chicago and silence those exercising their First Amendment rights, Donald Trump is drawing from the playbook of the worst dictators of the past century. Like others we have seen in some of the darkest periods of history, he is perpetuating a myth of disorder and mob violence–which is not occurring—to justify his deployment of heavily armed, anonymous, military-style agents into our communities who pull peaceful citizens into unmarked vehicles and detain them without lawful cause. These actions are never justified in what is supposed to be the world's greatest and freest democratic republic."[134]
House Judiciary Committee chairmanJerrold Nadler said, "The legal basis for this use of force has never been explained...it is not at all clear that the Attorney General and the Acting Secretary are authorized to deploy federal law enforcement officers in this manner."U.S. House Homeland Security chairmanBennie Thompson andU.S. House Oversight and Reform chairwomanCarolyn Maloney wrote a letter calling for investigation into the deployment. House and Senate Democrats revealed plans for the "Preventing Authoritarian Policing Tactics on America's Streets Act" requiring federal officers to identify themselves and limit their activities to directly nearby federal property. House Democrats also included a requirement for identification in the year'sNational Defense Authorization Act.[135]
Boston College constitutional law professorKent Greenfield said, "The president is not the king...The president does not have the ability to require states to enforce their laws in a certain way, or to elbow aside their law enforcement abilities."University of Notre Dame law professorJimmy Gurulé said, "There is no federal statute agents are enforcing by engaging with protesters. My concern is whether their protection of federal property is a ruse to interfere with protesters' free speech."[136]
Drexel University law professor Anil Kahlan said, "The rhetoric is basically labeling people who are fellow citizens as domestic enemies and then deploying these paramilitary forces to aggressively engage in a show of force against them...There are serious, substantive legal concerns with these activities." Rutgers University professor of law and director of Rutgers' Constitutional Rights Clinic Alexis Karteron said, "Federal troops descending on American cities, that is very troubling, outside of historic practices, and almost certainly illegal."[137]
Harvard legal scholar Andrew Crespo analyzed onLawfare, "The argument... is that these [federal] agents complied with the Fourth Amendment because they did not need probable cause to put [protestors] in the van in the first place. This assertion is glaringly wrong. It has been glaringly wrong for at least forty years, ever since the Supreme Court's opinion inDunaway v. New York."[138]
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45th and 47th President of the United States Tenure
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