MSNBC: Supreme Court issues ruling on Trump’s power to fire FTC commissioner without cause

Chief Justice John Roberts had previously blocked the reinstatement of the agency’s lone Democratic commissioner whom Trump sought to fire.

The Supreme Court has backed President Donald Trump’s power to fire the lone Democrat on the Federal Trade Commission without cause, agreeing at the same time to consider overturning a longstanding precedent that has protected independent agencies.

The high court’s three Democratic appointees dissented from the decision Monday to lift a lower court order that sided with the commissioner, Rebecca Slaughter, while litigation proceeds. The high court’s order said the justices will hear oral argument in the case during its December argument session.

“Our emergency docket should never be used, as it has been this year, to permit what our own precedent bars,” Justice Elena Kagan wrote for the three Democratic appointees, calling out how the Republican-appointed majority has helped Trump in this and other cases in his second term. “Still more, it should not be used, as it also has been, to transfer government authority from Congress to the President, and thus to reshape the Nation’s separation of powers,” she wrote.

Monday’s order follows Chief Justice John Roberts’ decision on Sept. 8 to temporarily halt Slaughter’s reinstatement while the full Supreme Court considered whether she should be reinstated while litigation over her firing continued. That word from the full court came Monday, as the majority sided with Trump ahead of the December hearing and, in doing so, signaled that it will side with him in its final decision. The court, whose next term starts in early October, typically issues the term’s decisions by early July, meaning a final decision in the Slaughter case should come by then next year.

In July, a federal judge ruled that Trump’s attempt to fire Slaughter was unlawful. A divided appellate panel refused to lift the judge’s order on Sept. 2, citing the 1935 Humphrey’s Executor precedent that endorsed for-cause removal protections. The Roberts Court has weakened that precedent, and the Trump administration has targeted it. The precedent arose in the context of the FTC specifically, raising the possibility that the justices could overturn it outright in Slaughter’s case.

The Supreme Court’s order Monday said the justices want the parties to brief and argue these two questions, specifically naming the 90-year-old precedent:

(1) Whether the statutory removal protections for members of the Federal Trade Commission violate the separation of powers and, if so, whether Humphrey’s Executor v. United States, 295 U. S. 602 (1935), should be overruled. (2) Whether a federal court may prevent a person’s removal from public office, either through relief at equity or at law.

Dissenting from the appellate panel’s Sept. 2 refusal to lift U.S. District Judge Loren AliKhan’s order, Trump appointee Neomi Rao acknowledged the Humphrey’s precedent but noted that the Supreme Court has been siding with Trump on his firing powers lately. In any event, the district judge was powerless to order Slaughter’s reinstatement, Rao wrote.

The administration cited Rao’s dissent in seeking to lift AliKhan’s order, casting the case as the latest in Trump’s second term to warrant relief from lower court overreach. “In this case, the lower courts have once again ordered the reinstatement of a high-level officer wielding substantial executive authority whom the President has determined should not exercise any executive power, let alone significant rulemaking and enforcement powers,” U.S. Solicitor General John Sauer wrote to the justices on Sept. 4. Sauer asked the justices to lift AliKhan’s order immediately.

Opposing even a temporary pause in the judge’s order (which Roberts granted Sept. 8), Slaughter’s lawyers said the government wouldn’t be harmed by her continuing to serve while the administration’s application to the justices is pending. They sought to distinguish recent cases in which the court sided with the administration by noting that Slaughter “is the sole Democratic member on a Commission with a three-Republican majority,” so her presence on the FTC wouldn’t result in any meaningful action opposed by the majority.

On Sept. 15, her lawyers further wrote that Congress hadn’t granted Trump the broad power he claims and that if he “is to be given new powers Congress has expressly and repeatedly refused to give him, that decision should come from the people’s elected representatives.” They further argued that “[a]t a minimum, any such far-reaching decision to reverse a considered congressional policy judgment should not be made on the emergency docket,” referring to the court’s rulings made without full briefing, hearing or explanation, which have frequently helped Trump in his second term. It’s the majority’s use of the docket in this way that Kagan and the Democratic appointees called out on Monday.

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-ftc-commissioner-fire-cause-trump-rcna231388

Independent: Fruit vendor arrested by border patrol outside Gavin Newsom event speaks out after six weeks in ICE prison

Strawberry delivery driver released on bond after abrupt arrest as agents patrolled governor’s event

Angel Rodrigo Minguela Palacios was unloading boxes of strawberries during his final delivery in Los Angeles when a band of masked Border Patrol agents surrounded him and asked for his identification.

Minguela had unwittingly entered a political minefield on August 14 outside the Japanese American National Museum in Little Tokyo, where California Governor Gavin Newsom was addressing a crowd about his plans to fight back against a Republican-led gerrymandering campaign to maintain control of Congress.

Federal agents deployed by Donald Trump’s administration were patrolling the street directly in front of the building.

The timing of the spectacle drew immediate scrutiny and backlash, with the governor speaking out in the middle of his remarks to condemn what was happening just outside the event. “You think it’s coincidental?” he said.

Minguela, 48, was released from Immigration and Customs Enforcement custody last week after nearly two months inside a facility he described as a “prison” with lights on at all hours of the day, no beds and only a concrete floor to sleep on.

Detainees received little food, and the conditions were so bleak that some of the men inside volunteered to self-deport rather, he told CBS News.

“Those days were the hardest,” Minguela told The Los Angeles Times. “My first day there on the floor, I cried. It doesn’t matter that you’re men, it doesn’t matter your age. There, men cried.”

Minguela, who is undocumented, has lived in the United States for more than a decade after entering the country from Mexico on a tourist visa. He overstayed his visa after fleeing violence in the Mexican state of Coahuila, where he had been kidnapped twice and stabbed by people trying to steal money from ATMs he was servicing, according to The Times.

He does not have a criminal record.

Minguela was released on bond and is equipped with an ankle monitor as an immigration judge determines next steps in his case.

A spokesperson for Homeland Security said he “was arrested for breaking our country’s laws by overstaying his visa” but remains unclear why he was targeted for arrest.

Minguela had overstayed a tourist visa after fleeing the Mexican state of Coahuila in 2015 because of violence he faced there, his partner said. She said he had worked servicing ATMs there, was kidnapped twice and at one point was stabbed by people intent on stealing the money. After his employers cut staff, she said, he lost his job, helping drive his decision to leave.

On August 14, Minguela left his partner and three children — ages 15, 12 and six — while they were still asleep as he prepared for his daily delivery route at 2 a.m. He had worked for the same produce delivery company for eight years and never missed a day.

Minguela was unloading several boxes of strawberries and a box of apples when he noticed a group of masked Border Patrol agents roaming the area surrounding Newsom’s event.

Video from the scene shows the agents passing his van then doubling back and looking inside to find Minguela. He presented a red “know your rights” card from his wallet and handed it to an agent.

“This is of no use to me,” he said, according to The Times. Agents then asked him his name, nationality and immigration paperwork before leading him away in handcuffs.

“Immigration has already caught me,” Minguela wrote in text messages to his partner. “Don’t worry. God will help us a lot.”

U.S. Border Patrol El Centro Sector Chief Gregory Bovino was observing the arrest. He turned to the officers and shouted out “well done” moments before speaking with reporters who were filming the scene.

“We’re here making Los Angeles a safer place since we don’t have politicians that will do that,” Border Patrol El Centro Sector Chief Gregory Bovino told FOX 11. “We do that ourselves, so that’s why we’re here today.”

Asked whether he had a message for Newsom, who was speaking roughly 100 feet away, Bovino said he wasn’t aware where the governor was.

“I think it’s pretty sick and pathetic,” Newsom said of the arrest.

“They chose the time, manner, and place to send their district director outside right when we’re about to have this press conference,” he said. “That’s everything you know about Donald Trump’s America … about the authoritarian tendencies of the president.”

Minguela believes he was targeted for his appearance.

Immigration raids throughout the Los Angeles area in June sparked massive protests demanding the Trump administration withdraw ICE and federal agents from patrolling immigrant communities.

In response, Trump federalized National Guard troops and sent in hundreds of Marines despite objections from Democratic city and state officials.

A federal judge determined the administration had illegally deployed the Guard as part of an apparent nationwide effort to create “a national police force with the president as its chief.”

The Supreme Court also recently overturned an injunction that blocked federal agents from carrying out sweeps in southern California after a judge determined they were indiscriminately targeting people based on race and whether they spoke Spanish, among other factors.

The court’s opinion drew a forceful rebuke from liberal Justice Sonia Sotomayor, the first Hispanic justice on the bench, who accused the conservative justices of ignoring the Fourth Amendment, which protects against unlawful searches and seizures

“We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job,” she wrote in a dissenting opinion.

“The Fourth Amendment protects every individual’s constitutional right to be “free from arbitrary interference by law officers,’” she added. “After today, that may no longer be true for those who happen to look a certain way, speak a certain way, and appear to work a certain type of legitimate job that pays very little.”

https://www.independent.co.uk/news/world/americas/us-politics/gavin-newsom-los-angeles-ice-arrest-border-patrol-b2831503.html

Newsweek: Elena Kagan warns Supreme Court “overriding” Congress to give Trump a win

ustice Elena Kagan warned Monday that the Supreme Court is “overriding” Congress to hand President Donald Trump sweeping new powers over independent agencies.

Her dissent came after the court, in a 6-3 decision, allowed Trump to fire Federal Trade Commission member Rebecca Slaughter while the justices consider whether to overturn a 90-year-old precedent limiting presidential removals.

The conservative majority offered no explanation, as is typical on its emergency docket, but signaled a willingness to revisit the landmark 1935 Humphrey’s Executor ruling.

Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, said the court has repeatedly cleared firings that Congress explicitly prohibited, thereby shifting control of key regulatory agencies into the president’s hands.

“Congress, as everyone agrees, prohibited each of those presidential removals,” Kagan wrote. “Yet the majority, stay order by stay order, has handed full control of all those agencies to the President.”

Newsweek reached out to the White House for comment via email on Monday afternoon.

Why It Matters

The U.S. Supreme Court has repeatedly faced decisions regarding Trump’s use of his powers since his return to the White House in January. Cases have included attempts to fire large swaths of the federal government workforce, as well as changes to immigration policy and cuts to emergency relief funding, with arguments that it is Congress, not the president, that holds such powers.

What To Know

Monday’s decision is the latest high-profile firing the court has allowed in recent months, signaling the conservative majority is poised to overturn or narrow a 1935 Supreme Court decision that found commissioners can only be removed for misconduct or neglect of duty.

The justices are expected to hear arguments in December over whether to overturn a 90-year-old ruling known as Humphrey’s Executor.

In that case, the court sided with another FTC commissioner who had been fired by Franklin D. Roosevelt as the president worked to implement the New Deal. The justices unanimously found that commissioners can be removed only for misconduct or neglect of duty.

That 1935 decision ushered in an era of powerful independent federal agencies charged with regulating labor relations, employment discrimination and public airwaves. However, it has long rankled conservative legal theorists, who argue that such agencies should answer to the president.

The Justice Department argues that Trump can fire board members for any reason as he seeks to implement his agenda. However, Slaughter’s attorneys argue that regulatory decisions will be influenced more by politics than by the expertise of board members if the president can fire congressionally confirmed board members at will.

“If the President is to be given new powers Congress has expressly and repeatedly refused to give him, that decision should come from the people’s elected representatives,” they argued.

The court will hear arguments unusually early in the process, before the case has fully worked its way through lower courts.

The court rejected a push from two other board members of independent agencies who had asked the justices to also hear their cases if they took up the Slaughter case: Gwynne Wilcox, of the National Labor Relations Board, and Cathy Harris, of the Merit Systems Protection Board.

The FTC is a regulator enforcing consumer protection measures and antitrust legislation. The NLRB investigates unfair labor practices and oversees union elections, while the MSPB reviews disputes from federal workers.

What People Are Saying

Solicitor General D. John Sauer wrote: “The President and the government suffer irreparable harm when courts transfer even some of that executive power to officers beyond the President’s control.”

Supreme Court Justice Elena Kagan, in her dissent: “The majority may be raring to take that action, as its grant of certiorari before judgment suggests. But until the deed is done, Humphrey’s controls, and prevents the majority from giving the President the unlimited removal power Congress denied him.”

Representative Rosa DeLauro, a Connecticut Democrat, in an amicus brief filed in Trump v. Slaughter“Because the President’s limited authority to temporarily withhold funds proposed for rescission under the ICA does not permit the President to withhold those funds through their date of expiration without action from Congress, the district court’s injunction imposes no greater burden on the government than already exists under that law. The stakes for Congress and the public, however, are high. The fiscal year ends on September 30, less than three weeks from today.”

What Happens Next

The court has already allowed the president to fire all three board members for now. The court has suggested, however, that the president’s power to fire may have limits at the Federal Reserve, a prospect that is expected to be tested in the case of fired Fed Governor Lisa Cook.

https://www.newsweek.com/kagan-supreme-court-congress-trump-win-ftc-2133934

Intelligencer: Top Goon – Kristi [“Bimbo #2”] Noem is the face of Trump’s police state. Corey Lewandowski is the muscle. Who really runs DHS?

“She’s a petty, vindictive person who is only ever out for herself. She doesn’t do anything unless it’s calculated to better her political aspirations.”

On the morning of May 7, before making his way to Capitol Hill to testify in front of Congress, Cameron Hamilton, then the acting administrator of the Federal Emergency Management Agency, packed up his office. He assumed his boss, Department of Homeland Security Secretary Kristi [“Bimbo #2”] Noem, would fire him once she got wind of what he planned on telling lawmakers. It turned out he was right about getting fired but wrong about who would deliver the blow.

Hamilton is a former Navy SEAL with a close-cropped beard and perfect posture. He is a MAGA true believer who served in the State Department during Donald Trump’s first administration and ran for Congress in Virginia with the backing of the conservative Freedom Caucus super-PAC in 2024. He lost his primary, but after Trump won the presidency, [“Bimbo #2”] Noem offered him the opportunity to run FEMA. He soon found himself crosswise with not only [“Bimbo #2”] Noem but also her de facto chief of staff, Corey Lewandowski, a combative veteran of Trumpworld’s internecine battles.

When Hamilton interviewed for the job during the transition, [“Bimbo #2”] Noem had expressed no interest in eliminating FEMA. But as Trump’s second administration got underway, it became clear that DHS, a sprawling entity with more than 260,000 employees across various agencies, was being utilized to counter seemingly a single threat: illegal immigration. [“Bimbo #2”] Noem joined Trump’s call to shutter FEMA, which seemed like a bad idea to Hamilton as wildfires and tornadoes took an unprecedented toll on states from California to Arkansas. He was vocal enough about this belief that when CNN reported in March on a meeting about the agency’s future — a meeting that included Hamilton, Lewandowski, and [“Bimbo #2”] Noem — Lewandowski accused Hamilton of being the source. Hamilton was in a classified briefing when he got a “furious” call from Lewandowski.

“Somebody needs to be fired for this,” Lewandowski told him.

“I’m not a leaker,” Hamilton said.

“Well, if you didn’t leak it, you’ll have no problem submitting to a polygraph,” Lewandowski said.

Hamilton, who said he took the job out of patriotic duty, was incensed by the insinuation that he had snitched. “I wanted to choke some people,” he said. The polygraph was an “exhaustive process” that ended with him being cleared, but he believed his days were numbered: Lewandowski was lobbying to replace him with David Richardson, who had no experience managing natural disasters. (Lewandowski had blurbed Richardson’s 2019 novel, War Story, as “brutal, funny in places, unapologetic. Will make liberals cringe!”) On the day Hamilton testified to the House Appropriations Subcommittee on Homeland Security, he declared, “I do not believe it is in the best interest of the American people to eliminate the Federal Emergency Management Agency,” an opinion whose merits were borne out by disasters like the catastrophic floods in Texas later that summer.

“I got a call the next morning saying I had 30 minutes to report to DHS headquarters,” he said. Once there, Hamilton was escorted to the office of the secretary. But when he walked in, [“Bimbo #2”] Noem wasn’t behind her desk. Lewandowski was. “He said, ‘You are losing your access,’” Hamilton told me. Lewandowski smirked as he offered Hamilton “an opportunity” to work at the Department of Education, perhaps one of the only departments more scorned by the Trump administration than FEMA. The message to Hamilton: Take the new position or be terminated.

Hamilton said it wasn’t a surprise that Lewandowski was the messenger, even if Lewandowski, technically an unpaid and temporary special government employee, wasn’t his boss. Lewandowski has long served as [“Bimbo #2”] Noem’s gatekeeper, described to me by DHS staff as her “handler,” her “bulldog,” and the “shadow secretary.” They are also widely understood by those who work with them to be romantically attached. ([“Bimbo #2”] Noem and Lewandowski have both denied this.) In April, the Daily Mail snapped photographs of Lewandowski outside her Navy Yard complex with a duffel bag slung over his shoulder, and partly in response to the presence of the Mail’s paparazzi, which a DHS spokesperson said had led to threats and safety concerns, she moved into military housing usually reserved for the top admiral of the Coast Guard, which is under DHS’s purview. This has only fueled the rumors surrounding [“Bimbo #2”] Noem. “They’ve sent no three- or four-stars in the Coast Guard up for confirmation,” a top administration official told me, “because she doesn’t want to get kicked out of the commandant’s house.”

[“Bimbo #2”] Noem, 53, is the public face of the department, bringing reality-star energy to an office that was created in the aftermath of 9/11 to coordinate America’s preparedness for a terrorist attack. She has hopped across the country in various uniforms — as a Border Patrol agent, in an Immigration and Customs Enforcement flak jacket, as a Coast Guard firefighter — mean-mugging her way onto television screens and decorating the halls of DHS buildings with action shots of her in the field. Most notoriously, when the U.S. sent 238 migrants to El Salvador’s Terrorism Confinement Center — described as a “hell on earth,” where alleged human-rights abuses are rampant — she filmed a video in front of a cage of inmates wearing a $50,000 Rolex. “We looked at her and we thought we were going to get out,” Edicson Quintero Chacón, a detainee at the time, told me. “I mean, we had a sense of joy.” Her reasons for visiting CECOT were more self-interested. She is so skilled at getting in front of the camera that the New York Times has called her the head of the “Department of Homeland Publicity,” while her liberal detractors have taken to calling her “ICE Barbie.”

Since the passage of the One Big Beautiful Bill Act in July, she has been overseeing a massive influx of some $170 billion that Republicans set aside for combating illegal immigration, money that will go toward expanding DHS’s detention capacity to 100,000 beds (ICE is currently holding more than 58,000 detainees), increasing the size of ICE (in part by offering up to $50,000 in signing bonuses and eliminating the age cap on new hires), bolstering law-enforcement border support, and underwriting a propaganda campaign that has clogged social media with everything from Zero Dark Thirty–style PSAs to paeans to white-nationalist mythology. Under [“Bimbo #2”] Noem, it is DHS, not the Justice Department, that has emerged as Trump’s most devastating and visible weapon against the right’s perceived enemies. “She’s going to play a key role in advancing Donald Trump’s effort to consolidate the powers of the presidency,” a former DHS official told me. “I think by the end of this administration, if she stays the whole time, she’s likely to become the warden of the police state.”

On paper, [“Bimbo #2”] Noem sits at the top of this empire. In practice, power over immigration policy is fractured, shaped by competing factions, starting with deputy chief of staff Stephen Miller, who has vowed in the wake of Charlie Kirk’s assassination to destroy nameless forces that have conspired against the right — the long arm of law enforcement, he warned them, “will be used to find you, will be used to take away your money, take away your power, and, if you’ve broken the law, to take away your freedom.” [“Bimbo #2”] Noem will be among those at the forefront of any such effort, surrounded by a tight inner circle that can be difficult to penetrate and often impossible to work with. “The culture over there is terrible,” the administration official told me. “People are scared shitless of Corey.”

Lewandowski has been integral to [“Bimbo #2”] Noem’s rise, her right hand as they run roughshod over the rule of law and, like so many in Trump’s Cabinet, position themselves for a post-Trump future. Lewandowski is not only surreptitiously co-leading DHS without congressional approval but has brought Trumpworld’s manically pugnacious style to the department and drawn out some of [“Bimbo #2”] Noem’s own pugnacious predilections, too. After all, Trump’s immigration policies, while broadly unpopular with those who oppose masked men snatching people off the streets and spiriting them away to brutal foreign prisons, remain popular among Republicans. Frank Luntz, the veteran political consultant, thinks this is at least partly owed to [“Bimbo #2”] Noem, who adds the necessary stage presence to Lewandowski’s muscle and Miller’s brain. “She is probably the administration’s best spokeswoman,” he told me. “The only thing that bothers me is that her name is not mentioned as a potential 2028 Republican Party leader. She’s underestimated.”

The story of [“Bimbo #2”] Noem and Lewandowski goes back to 2019 on a remote Pacific island off northwestern British Columbia. They had arrived via helicopter as guests of the multimillionaire Republican donor Foster Friess, who was hosting his annual deep-sea-fishing fundraiser. [“Bimbo #2”] Noem was a rising conservative star recently elected governor of South Dakota after an eight-year stint in Congress, while Lewandowski was the former campaign manager for Trump. She once wrote that she “wasn’t emotional about anything.” He once told the Washington Post, “I’m like a robot. I literally have no emotions.”

Lewandowski had come to Trump’s 2016 campaign with an unconventional résumé: real-estate agent, New Hampshire marine-patrol officer, Koch Brothers operative, congressional aide who once brought a gun to the Capitol. His longtime political ally David Bossie told the Times in 2015 that Lewandowski was “as anti-Establishment” as Trump. “Corey is driven by an incredible desire to please and be loved by those in positions of power, all while fighting against convention and normal ways of operating,” a campaign operative who worked with Lewandowski told me. He quickly became known for two things: getting arrested after grabbing the arm of a FEMAle reporter at a press conference (charges were dropped) and a political strategy that amounted to “Let Trump be Trump.” He lost his job after allies and donors complained he was running an undisciplined campaign.

In the years that followed, Lewandowski would float in and out of Trumpworld but never fall completely out of Trump’s orbit. “The president has always been loyal to people he connects with successful phases of his life,” former Trump adviser Jason Miller told me. Lewandowski’s aggression was also useful. “He is not intimidated by the prospect of a fight and will work doggedly to achieve his pursuits,” the campaign operative told me. “He is a one-of-a-kind operator, for better or worse.” In response to a request for comment, Lewandowski wrote, “Instead of reviewing the newest wine bar in Chelsea the New York Magazine has degraded itself.”

At the time he met [“Bimbo #2”] Noem, Lewandowski was casting a line for another project. “I think he saw potential in her,” said Lynn Friess, who was married to Foster until his death in 2021. The fishing trips were an excellent way for people to get to know one another, as they spent hours on end in small boats, then returned to camp to talk about everything from politics to family life. Friess remembers [“Bimbo #2”] Noem being an excellent angler, hauling in fish after fish. “I quite frankly don’t remember what he did,” she said about Lewandowski. Later, Friess emailed an update: After asking around, she was told Lewandowski had caught one of the biggest fish in the group.

[“Bimbo #2”] Noem stayed close with Lewandowski after the trip and eventually brought him on as an adviser. He was, according to a former staffer from the time, “intimately involved in her governorship.” He helped decide which television shows to go on and encouraged her never to do panels with other guests because she was too big of a star to share the spotlight. He joined her on phone calls with senior staff, dictating which events she should attend in the state. “It bothered people because what did he even know about South Dakota?” the former staffer said.

But Lewandowski seemed like he was already thinking beyond state politics. Early on in their relationship, Lewandowski brought [“Bimbo #2”] Noem on a swing through New York to talk to financiers who might be helpful were she ever to run for higher office. In one meeting, they appeared to have such a close connection that their millionaire host called a mutual acquaintance afterward to ask if the two were dating. The mutual acquaintance called around and reported back it appeared that they were. They both were, and remain, married, though [“Bimbo #2”] Noem’s husband, Bryon Noem, lives in South Dakota. Over the years, there have been plenty of tabloid reports about [“Bimbo #2”] Noem and Lewandowski’s relationship. “Everybody knows they’re together. Can I prove it? No, but they’re together,” the administration official said. A FEMA official called it the “worst-kept secret in D.C.” In 2019, after a conservative conference in Doral, Florida, a bunch of VIPs were on the patio smoking cigars and drinking. Then [“Bimbo #2”] Noem came out and sat on Lewandowski’s lap. “I remember it being just very romantic,” said a person present. “Interactions that you would expect of a romantic couple, not of a political consultant and the client.” They added, “It was very clear that they were together.”

Ideologically, [“Bimbo #2”] Noem was difficult to pin down. She worked on her family farm before Democratic senator Tom Daschle appointed her to the state board of the Farm Service Agency in 1997. When she ran for the statehouse as a Republican, she said some conservatives doubted her credentials. “People wondered for years if maybe I switched to the Democrat Party to serve,” [“Bimbo #2”] Noem wrote in her book, Not My First Rodeo. “Of course, I never did, and to his credit Senator Daschle never asked.” After serving in the state legislature, she ran with tea-party support for Congress in 2010, only to disappoint some of her bomb-throwing compatriots by becoming a lieutenant for House leadership. As governor, she championed legislation to keep transgender athletes out of women’s sports but vetoed the bill under pressure, in part, from the NCAA. Then, like most Republicans looking to move up within the party, she fully leaned in as a MAGA loyalist.

Beth Hollatz, a senior adviser during [“Bimbo #2”] Noem’s governorship and a close friend, said [“Bimbo #2”] Noem was driven by religious faith and love of her family. “People think she’s coldhearted,” she said. “But she’s not at all.” Others said [“Bimbo #2”] Noem was virtually an empty vessel. “Beyond just basic conservative principles, she never had an original policy idea or thought at all,” a former campaign aide told me. “She never read books or newspapers or newsmagazines, had zero interest in policy.” Like Trump, her management style, the aide said, “revolves around whoever is the last person to speak to her.” She had a nickname among staff, “Governor Text Message,” because she did much of her managing via phone.

[“Bimbo #2”] Noem could be warm and friendly only to turn it off moments later. Once, a former staffer recalled, a supporter brought [“Bimbo #2”] Noem flowers, which [“Bimbo #2”] Noem pretended to love but then had a staffer throw in the trash as soon as her constituent left. “She was rolling her eyes and said, ‘Ugh, I can’t stand these people,’” she said. “It made me wonder whether she was bad-mouthing me behind my back.”

[“Bimbo #2”] Noem’s tenure as governor was dotted with oddities. She was found by South Dakota ethics board to have intervened in her daughter’s application to become a state-sanctioned real-estate appraiser. She came up with the idea for a $1.4 million anti-drug campaign that resulted in the tagline “Meth. We’re on it.” She earned a reputation among lawmakers for enjoying the perks of office a little too much, traveling often on the state’s plane and spending taxpayer money on a hunting trip to Canada and a trip to Las Vegas, among other destinations with no obvious bearing on state business. Taffy Howard, a Republican state senator who clashed with [“Bimbo #2”] Noem over the years, said she and some of her fellow lawmakers tried to force [“Bimbo #2”] Noem to reveal how much money was being spent on her travel but were told revealing that information would be a security issue. “You could not oppose her without her taking it personally,” Howard said.

Once, [“Bimbo #2”] Noem hitched a ride on My Pillow CEO Mike Lindell’s plane to a conference in Tennessee. “She was never here,” said Ryan Maher, a Republican who served in state-senate leadership while [“Bimbo #2”] Noem was governor. [“Bimbo #2”] Noem declined a request for an interview. In response to a list of questions about [“Bimbo #2”] Noem, DHS said, “This NYMag hit piece reads like a preteen rage-scrolling, then prompting ChatGPT for a screed on misogyny — complete with zero substance and maximum bullshit.”

Still, as a telegenic communicator and Trump loyalist, [“Bimbo #2”] Noem remained a popular governor. She earned credit from Republicans at home and across the country for how she handled the COVID pandemic (namely, by keeping the state mostly open while other states shut down) and for sending members of the South Dakota National Guard to the southern border.

By the time the 2024 election cycle began, [“Bimbo #2”] Noem was being talked about as a possible vice-presidential pick for Trump. In South Dakota political circles, her higher ambitions were not a surprise. “Every decision she makes is to help her, help her career, help her get a better job down the road,” said Tom Brunner, a conservative who used to serve with [“Bimbo #2”] Noem in the state legislature. “She would sell her soul in a heartbeat to get a better job.” Howard said, “She’s a petty, vindictive person who is only ever out for herself. She doesn’t do anything unless it’s calculated to better her political aspirations.”

In February 2024, [“Bimbo #2”] Noem met with Trump to make her case to join the ticket. She was accompanied by Lewandowski, who came prepared with polling data showing how popular she was in midwestern swing states, according to the book Revenge, by the journalist Alex Isenstadt. But there were obstacles to her getting the job — the foremost being Lewandowski himself. People close to Trump worried about their alleged romantic involvement, Isenstadt wrote. Trump’s advisers had witnessed Lewandowski slapping [“Bimbo #2”] Noem on the butt, and Trump would slyly refer to [“Bimbo #2”] Noem as Lewandowski’s “girlfriend.” [“Bimbo #2”] Noem’s chances at securing the No. 2 spot were ultimately buried by the publication of her second memoir, No Going Back, in which she told the unfortunate story of shooting a disobedient puppy named Cricket on the family farm. “That’s not good at all,” Trump told his son Don Jr., according to Revenge. “Even you wouldn’t kill a dog, and you kill everything.”

With the VP job now off the table, Lewandowski and [“Bimbo #2”] Noem had another idea: Perhaps she could be the general in charge of immigration. By August, Trump had brought Lewandowski back to his campaign, but he lost a power struggle with co–campaign managers Chris LaCivita and Susie Wiles and was demoted to surrogate work. In the meantime, he mounted a whisper campaign on behalf of [“Bimbo #2”] Noem, enlisting the help of people like Tom Homan, who would go on to become Trump’s border czar, to talk up her campaign to lead DHS. After Trump won the election, he asked [“Bimbo #2”] Noem if she might be interested in a Cabinet position, perhaps with the Department of Interior or Agriculture. “I said, ‘Sir, I’d like to be considered for Homeland Security,’” [“Bimbo #2”] Noem recalled during a speech this summer on Capitol Hill. “And he said, ‘Why would you want to do that?’” The answer she gave: “Because it’s your No. 1 priority.” [“Bimbo #2”] Noem was easily confirmed on a 59-34 vote.

[“Bimbo #2”] Noem returned to Washington having gone through a near-complete physical transformation. Long, curled hair had replaced her layered bobs, and the topography of her face had been smoothed. Before moving out of the governor’s mansion, [“Bimbo #2”] Noem flew to Texas to have her teeth done, after which she filmed what appeared to be an infomercial-style social-media video for the dentist. Once in Washington, [“Bimbo #2”] Noem and Lewandowski seemed to always be around each other. “He had a seat at the vice-president’s inauguration dinner,” an attendee told me, “where he was looking directly at her at all times.”

When Trump picked [“Bimbo #2”] Noem for DHS, Lewandowski hoped he would be named chief of staff. It wasn’t in the cards. The Wall Street Journal reported earlier this year that the tabloid reports of his romantic relationship with [“Bimbo #2”] Noem were a sticking point. But apparently there were other issues as well. In September, the Daily Mail reported the existence of a memo written by Richard McComb, the chief security officer at DHS at the time, containing a litany of concerns regarding Lewandowski and questioning whether he should have a top-secret security clearance. Lewandowski had, according to the memo, been accused of receiving $50,000 directly from the Chinese Communist Party as well as money from Israel’s Likud Party without disclosing the payments on his DHS background form. (A DHS official denied these claims.)

The memo also detailed known instances of Lewandowski’s entanglements with the law, including an alleged incident of unwanted sexual contact. In 2021, a woman accused Lewandowski of touching her inappropriately and relentlessly making sexually explicit comments at a charity dinner in Las Vegas. Lewandowski was charged and cut a plea deal in 2022 that resulted in eight hours of impulse-control counseling and 50 hours of community service. In exchange, Lewandowski did not have to admit guilt. The same month he issued the memo, McComb resigned from DHS.

After losing out on the chief-of-staff job, Lewandowski finagled the special-government-employee designation, which allowed him to work 130 days a year for the DHS while maintaining a business with outside clients. Best of all, he wouldn’t have to disclose those clients, making it difficult to determine if they might present a conflict of interest with the work he was doing for the government. There have been red flags. In March, DHS skipped a fully competitive bidding process for the first part of a $200 million ad campaign, giving part of the contract to a firm run by a person with close professional ties to Lewandowski. Furthermore, few people in the administration believe he was keeping an accurate tally of the days he worked. In mid-August, after months of working closely with [“Bimbo #2”] Noem, Axios reported that Lewandowski wasn’t even close to his 130-day allotment. The report said that he was believed to be entering buildings with other staffers so he wouldn’t have to swipe himself in and that he didn’t always use his government email or phone so that his digital trail was harder to follow. The number he gave — precisely 69 days — was like a bad joke conjured up by Elon Musk. “That number was Corey’s way of saying, ‘Fuck you,’” a former DHS official said.

As soon as Trump entered office, [“Bimbo #2”] Noem & Co. went to work forming a new anti-immigration regime, transforming DHS into the country’s most fearsome law-enforcement arm. It is now endangering the constitutional rights of citizens and noncitizens alike — and it is doing so openly, even proudly. During his first two weeks on the job, Trump signed an order that attempted to end birthright citizenship and another to begin preparing Guantánamo Bay to detain tens of thousands of undocumented immigrants. In March, the administration invoked the Alien Enemies Act of 1798, claiming it could deport migrants without a hearing owing to an “invasion” of gang members from Venezuela. Later, a federal judge ordered planes carrying detainees to El Salvador to be returned to the U.S., but the planes continued on their flight in defiance of the judge’s ruling. On one of these flights was Kilmar Abrego Garcia, a Maryland man who had been granted legal protection because of legitimate concerns for his safety. The Trump administration admitted Garcia’s deportation was a mistake but claimed there was nothing it could do about it now that he was no longer in U.S. custody; Garcia later claimed he was beaten and psychologically tortured, while other deportees have said they were sexually assaulted.

Back home, ICE grabbed Palestinian green-card holder Mahmoud Khalil and kept him for more than 100 days in a detention center in Jena, Louisiana. A judge later ruled his capture unconstitutional, and other detainees at Jena have complained of overcrowding, cells contaminated with feces, and being denied medication. DHS detained Mohsen Mahdawi, also a Palestinian green-card holder, at his citizenship interview; nabbed Rümeysa Öztürk, a Turkish Ph.D. student, off the streets in Massachusetts; and held an Irish tourist for more than three months after he overstayed his visa by three days. “Nobody is safe,” he told the Guardian. The DHS X account has encouraged Americans to “Report Foreign Invaders,” and cities including Los Angeles, Washington, D.C., and Chicago have become staging grounds for militarized immigration raids. “They are grabbing people who have brown skin or who speak with an accent or who speak another language and not people who are guilty of or are accused of perpetrating a crime,” Illinois governor J. B. Pritzker said in September.

New detention centers with macabre nicknames have started to spring up across the country: Alligator Alcatraz in Florida, the Cornhusker Clink in Nebraska, the Speedway Slammer in Indiana. ICE’s own inspectors found that migrants housed in a detention center in Fort Bliss in Texas had been subject to conditions that violated at least 60 federal standards, according to a report by the Washington Post, including many of the detainees being unable to contact their lawyers for weeks. South Korean workers detained in a raid on a Hyundai-LG factory in Georgia described being crammed into windowless rooms with few bathrooms and moldy beds, while ICE guards mocked them for being from “North Korea.” Democratic senator Jon Ossoff says his office has compiled credible reports of more than 500 human-rights abuses in immigration detention centers since the beginning of Trump’s term.

The Trump-friendly Supreme Court, in part through the use of its so-called shadow docket, has given DHS a green light to run rampant. The Court even reversed a judgment that blocked ICE agents from stopping people and questioning them solely based on factors like their ethnicity. As a result of all these changes, the number of illegal border crossings has plummeted, the number of detentions has hit record highs, and, according to DHS, 2 million undocumented immigrants have either left the country or been deported (though the number has not been independently verified) — and ICE hasn’t even fully utilized the funding increase that makes its annual budget larger than the FBI’s.

[“Bimbo #2”] Noem leaped on to this agenda, developing a reputation as a ruthless enforcer. A South Park episode devoted to [“Bimbo #2”] Noem showed her raiding Heaven for undocumented immigrants and, in a callback to poor Cricket, gunning down several dogs. But her efforts put her in good stead with the Trump administration. “Secretary [“Bimbo #2”] Noem is returning America to the American People,” Stephen Miller said in an email. By all accounts, the president likes [“Bimbo #2”] Noem, describing her as both “elegant” and “tough as hell.” It helps that [“Bimbo #2”] Noem and Lewandowski have their own fiefdom, since getting too much attention can be a dangerous game in Trump’s Washington, where no one is allowed to overshadow the boss. “They sort of avoid being at the White House,” the administration official told me. “And I think they do that because they don’t want to be overexposed.” Lewandowski, he said, knows better than anybody that “one of the best ways to survive is to stay off the radar.”

At the same time, [“Bimbo #2”] Noem wants to be as closely associated with Trump’s draconian regime as possible. Once, according to a former DHS official, [“Bimbo #2”] Noem grew angry with Homan after he went on television to discuss immigration news, believing that he had “gotten out front” of her on the issue. “She tried to put a comms blackout on him,” another administration official told me. “She ordered that he not go on TV; she ordered that basically no one go on TV in the entire Homeland lane.” [“Bimbo #2”] Noem tried to tell Homan that he worked for her. He told her he worked for the White House. Her relationship with Homan got so sour that, at a meeting earlier this year, Trump asked Homan whether he needed to intervene. “No, sir, we can work this out,” Homan responded. The White House told me, “The President’s entire team — including Border Czar Tom Homan and Secretary [“Bimbo #2”] Noem — are all in lockstep.”

As part of DHS’s advertising blitz, [“Bimbo #2”] Noem filmed a series of ads thanking Trump for “securing our border and putting America first,” while urging undocumented immigrants to self-deport. “We will hunt you down,” she said. The TV spots looked, even to some members of [“Bimbo #2”] Noem’s team, like the start of a state-sponsored presidential campaign. “They were running on Fox News and everywhere in places they would run if she were running for president, not places where illegal aliens might see them,” a DHS employee told me. “It was a taxpayer-dollar-funded ad for her to position herself.”

None of this is to say that [“Bimbo #2”] Noem is fully in charge of Trump’s immigration policy. Deputy chief of staff Miller, an immigration obsessive, is Trump’s most trusted policy adviser. It was Miller who reportedly set a 3,000-deportations-a-day goal for ICE early in the administration, a number so high that it remains elusive today, and it’s Miller who speaks with DHS most days to get reports on how things are going. Miller has also been one of the most outspoken administration officials in calling for a crackdown on the “radical left” in the aftermath of Kirk’s assassination, though [“Bimbo #2”] Noem herself also mentioned her connection to the former campus activist, telling conservative media that one of his last text messages to her called for mayors and governors to be held accountable for overseeing high levels of crime.

[“Bimbo #2”] Noem’s belligerent approach is reflected within the department, where she is an isolated and isolating figure. She has, according to a person close to the administration, gone to the White House multiple times to try to replace Troy Edgar, one of her deputies. A very tight circle of aides runs day-to-day operations. Lewandowski, in particular, was described to me as a micromanager who will approve and deny travel requests made by ICE employees. He has been responsible for firing and reassigning dozens of people within the agency, and they are afraid to push back because he might call and “rip their heads off,” according to the person close to the administration.

Another person close to the administration told me that Lewandowski once called a DHS employee with marching orders. The employee replied that he didn’t take instruction from Lewandowski but from [“Bimbo #2”] Noem. “All of a sudden, you hear the secretary say, ‘It’s coming from me,’” the person familiar told me. “She was on the call, in the background, not saying anything.” Matt Strickland, a former contractor who worked at DHS headquarters, told me that all the major decisions in the Countering Weapons of Mass Destruction Office had to be run by Lewandowski. “Corey Lewandowski is running DHS. Kristi [“Bimbo #2”] Noem is just the face of it,” he said. After tweeting in support of FEMA’s Hamilton, Strickland says he was warned he could be fired. When the order finally came down, he was told that it was from Lewandowski and a member of a group of senior officials Lewandowski has dubbed “the Four Horsemen.”

Another of [“Bimbo #2”] Noem’s deputies is Madison Sheahan, 28, who just six years ago was the captain of the rowing team at Ohio State University and who now is the deputy director of ICE. “For the most part, every entity in ICE reports to me,” Sheahan told me in an interview at ICE headquarters in southwest Washington. Sheahan is broad-shouldered with a punishing handshake. She told me she doesn’t sweat the controversial parts of her job. “I understand that everyone wants to poke holes and say we aren’t perfect, and we aren’t,” she said. “But we’ll never know how much ICE prevented — the number of kids that we’ve saved and families that we’ve saved.”

She first began working for [“Bimbo #2”] Noem pretty much right out of college, as a body woman and policy aide when [“Bimbo #2”] Noem was governor. “She genuinely believes she was called to serve by God,” she said of [“Bimbo #2”] Noem. They grew close enough to consider each other friends. Once, [“Bimbo #2”] Noem invited Sheahan to run a half-marathon with her. When Sheahan asked her boss if she needed Gatorade about a mile from the finish line, [“Bimbo #2”] Noem said “yes,” only to sprint ahead when Sheahan popped over to a hydration table. [“Bimbo #2”] Noem beat her by about ten feet. “That really describes her,” Sheahan told me. “She’s gonna have fun. She’s gonna do her job. But she’s gonna win, too.”

Some ICE officials call Sheahan “Fish Cop” behind her back because of her previous stint running the Department of Wildlife and Fisheries in Louisiana. Sheahan knows there are people who think that, without any law-enforcement background, she isn’t qualified for a job usually occupied by veteran ICE officials. “I absolutely think I’m qualified for the job,” she told me. “Because at the end of the day, what really makes anybody qualified for any job?”

If Miller sets the policies, [“Bimbo #2”] Noem and Lewandowski have nevertheless centralized power at DHS to an unprecedented degree. In June, a memo from [“Bimbo #2”] Noem went out saying secretarial approval was needed for all payments above $100,000, superseding a previous threshold of $25 million. This was, in theory, a way to make sure the secretary could be a better steward of the taxpayer dollar. In practice, it meant chaos. “I can’t make a phone call for under a hundred grand,” a former top FEMA official remembered thinking when the memo landed in his inbox. There are thousands of contracts worth $100,000 or more, and a backlog was inevitable.

“They almost had their utilities shut off at the building because the bill wasn’t paid,” the former FEMA official told me. A government-mandated return-to-office policy meant that the FEMA building went from having hundreds of staffers to thousands but saw no corresponding increase in janitorial services. It could feel, the official said, “like you needed an appointment” to use a restroom. Another former FEMA official told me that FEMA headquarters came within hours of having the lights turned off.

The bottleneck affected mission-critical work as well. Two days after catastrophic floods inundated Central Texas this summer, FEMA did not answer nearly two-thirds of calls to its disaster-assistance line, the New York Times reported, because [“Bimbo #2”] Noem had not renewed a contract for hundreds of workers at call centers. And in September, Ted Budd, a Republican senator from North Carolina, threatened to filibuster Homeland Security nominees until the department stops “stonewalling” payments for the recovery efforts stemming from Hurricane Helene last year.

In July, FEMA created a task force of about 30 employees to compile a list of crucial contracts that are soon to expire. Many of these employees were taken off their day jobs to work on this task force, where they spent upwards of 15 hours a day in a windowless room, poring over paperwork. “She’s supposed to be the one cutting red tape, not creating it,” a former FEMA official familiar with the process told me. “It feels like intentional busywork, like a way to destroy the agency from the inside.”

It’s not just FEMA. The backlog has affected parts of DHS that the administration cares about. The Times reported this summer that the Transportation Security Administration allowed a contract for airport-screening equipment that helps detect fake passports to expire as well as contracts with Customs and Border Protection to help administer polygraph tests to applicants for law-enforcement jobs. And in early September, DHS staff received an email stating that its daily immigration-enforcement report would not be available. “Due to a contracting lapse, we will not be able to update the data today until the issue is resolved,” the email said.

DHS spokeswoman Tricia McLaughlin said the new rules came about after [“Bimbo #2”] Noem learned about massive contracts getting signed for deals she knew nothing about. Already the DHS has saved taxpayers more than $10 billion, McLaughlin said. “It’s not just a talking point,” McLaughlin told me.

Lewandowski is intimately involved with contract work. One former DHS official told me he kept a list of vendors that are banned from doing business with the department. And this past summer, Politico reported that Lewandowski had veto power over contracts and is the last stop before they are sent to [“Bimbo #2”] Noem’s desk. “Everything has to go through Corey,” a lobbyist who has done business with DHS told me. “It’s all based on ‘You’re my buddy, or you’re not my buddy. You hired my friend, or you didn’t hire my friend.’ That place just runs that way.” As one former administration official put it to me, “It’s the Corey show over there.”

In late August, articles in several outlets detailed the delays in contract approvals, which DHS officials denied were happening. They caught the attention of the White House, which is now monitoring Lewandowski’s hours and, according to the administration official, complaining about how difficult [“Bimbo #2”] Noem can be to reach. In response to the articles, Lewandowski and [“Bimbo #2”] Noem called various officials in the department to try to speed things up. “They were screaming,” one DHS employee told me about a call with ICE officials. “The level of disrespect and screaming at everybody in that room — I think people were really shocked and taken aback.” [“Bimbo #2”] Noem “dropped multiple F-bombs,” a former DHS staffer said. It was clear to everyone that she and Lewandowski had been embarrassed by the bad press and were now feeding off each other’s negative energy. They accused the people in the room of “lining their pockets” from government contracts, according to the former staffer, an accusation that struck them as a possible projection. At one point, a member of the team rattled off some acronyms. “Enough with the acronyms,” Lewandowski said. “I’ll give you an acronym: F-I-R-E-D.”

In mid-September, Trump called [“Bimbo #2”] Noem and Lewandowski into the Oval Office. The president had, according to the administration official, who was briefed on the meeting, heard concerns about their management style. “He was particularly mad at Corey” and about how “he can’t get along with anybody,” the official said. The two assuaged his concerns and left the meeting with their jobs intact — for now.

The expansion of DHS’s gulag archipelago continues apace. In September, [“Bimbo #2”] Noem held a press conference at the infamous Louisiana State Penitentiary, known as “Angola” for the slave plantation that used to be here. As reporters loaded onto shuttle buses at the gate, an official told us, “Most people who come in here and go down that road never get to come back out.”

We parked by an orange roadblock labeled ANGOLA RODEO, the site of the annual exhibition where prisoners participate in a series of events like “Convict Poker” (four inmates play poker seated at a table with a loose bull in the arena, and the last man sitting wins). Looming in front of us: a thicket of barbed wire and two patrol towers guarding a housing unit that was called the Dungeon back when it was used for solitary confinement.

The Dungeon had fallen into desuetude, but the Trump administration has given it a new purpose as a detention center for undocumented immigrants who have committed violent crimes. Fifty-one detainees have already been transferred inside, and there are plans to house as many as 400 in the future. Internally, DHS staff had been referring to the revamped facility as “Camp 47” — an homage to Trump — but its given name is the Louisiana Lockup.

The sky soon filled with military helicopters carrying [“Bimbo #2”] Noem, Lewandowski, Sheahan, Louisiana governor Jeff Landry, and Attorney General Pam Bondi. Lewandowski, dressed in all black and aviators, hung back with a group of staffers out of sight of the gathered camera people, while Landry, Bondi, Sheahan, and [“Bimbo #2”] Noem approached a podium beside a parked ICE SUV newly wrapped with the words PROTECT THE HOMELAND.

Landry was dressed in an olive-green hat and matching tactical shirt. The prison, he said in his thick Cajun accent, will be home to criminals who shouldn’t even bother trying to escape unless they want to contend with the “swamps filled with alligators and the forests filled with bears.”

“What will their day-to-day be like?” a journalist asked.

“What would you expect?” he retorted.

Landry said those who come here will have no interaction with any of the other 4,000 inmates living at Angola, more than 90 percent of whom committed violent crimes. The Louisiana Lockup will be filled with “the worst of the worst,” Landry told us. The message to any and all undocumented immigrants living in this country was clear: Get out or they will find you.

For most of the press conference, [“Bimbo #2”] Noem had stood expressionless, offering steely stares while Landry spoke about the need to get rapists and drug dealers and human traffickers off America’s streets. Then a journalist asked, “Every headline about Angola calls it ‘notorious.’ Was the decision to choose a prison with such a reputation deliberate to get people to self-deport?”

The question seemed to make her giddy. She looked around at her colleagues and then bent forward in laughter. “Absolutely!” she said with a grin.

https://nymag.com/intelligencer/article/kristi-noem-corey-lewandowski-dhs-fema-trump-enforcers.html

Talking Points Memo: Trump Administration Loses Plot During ‘Free Speech’ Struggle Session

Hello it’s the weekend. This is The Weekender ☕️

To some extent, every new excess by the Trump administration is unsurprising to us, the writers and editors of Talking Points Memo, and, I imagine, to you, our readers. These guys told us what they were going to do, after all. It sounded authoritarian. Trump’s own former military leaders said he was “fascist.” But given that priming, we heavy consumers of news can, I think, sometimes lose track of how far the Trump administration has gone, even by its own standards.

Nicole on Thursday flagged an interview with CNBC during which FCC director Brendan Carr outlined his belief that both his agency and the “media ecosystem” overall are in the midst of a “massive shift” given the “permission structure that President Trump’s election has provided.”

“And I would simply say we’re not done yet with seeing the consequences of that,” Carr said.

“Will you only be pleased when none of these comedians have a show on broadcast television?” CNBC anchor David Faber asked.

“No, it’s not any particular show or any particular person,” Carr replied. “It’s just we’re in the midst of a very disruptive moment right now, and I just, frankly, expect that we’re going to continue to see changes in the media ecosystem.”

Carr and the rest of the Trump administration have tried to get a lot of mileage out of the whole idea that the 2024 election represented a substantiation of an American cultural “vibe shift” post-COVID (though Carr’s talk of a new, Trumpian “permission structure” is a particularly chilling way to articulate that idea).

But setting aside that Trump’s electoral victory was, in the end, not that large, are Trump’s leaders in government still doing what they understood themselves to have won permission to do?

“This was all in Project 2025, btw,” an actor from “Glee” tweeted, and Carr at 11:43 p.m. replied with that GIF of Jack Nicholson nodding with an ecstatic, unhinged look, a seeming affirmation that, yes, this was all the plan.

But was it? Carr, in fact, wrote the FCC chapter of Project 2025. There was nothing about revoking broadcast licenses or using the “Equal Time” rule in creative ways, as he has threatened to do with “The View,” a program that is seemingly his next ABC-broadcast target. “The FCC should promote freedom of speech,” his chapter of Project 2025 began.

That’s an ideal his party is now seemingly somewhat confused about. Early this week, Pam Bondi got in trouble for trying to distinguish anti-Charlie Kirk “hate speech” from “free speech.” “An FCC license, it’s not a right. It really is a privilege,” Sen. Cynthia Lummis (R-WY) told Semafor on Thursday. “Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right. And that there should be almost no checks and balances on it. I don’t feel that way anymore,” she added. Other Republicans took the opposite side of the issue, with Sen. Ted Cruz (R-TX) of all people calling Carr’s tactics “right out of Goodfellas.”

It’s in these moments where the Trump administration and its allies lose the plot — when they do an about-face on the same ideas they bear hugged in weeks and months and years prior, casting about for enemies to punish — that the MAGA coalition frays a bit, straining under the weight of cognitive dissonance. We saw the same thing with Trump’s short-lived war on Iran and, much more so, with his aggressive insistence that there was nothing important going on with that Jeffrey Epstein guy. The cause of ending cancel culture launched a thousand MAGA-aligned influencer careers; it is the supposed raison d’être of entire MAGA-friendly publications. Now that the government they serve has turned the page on free speech, what do they do?

It’s not just the MAGA faithful. Booting a late-night host watched by millions from the air over some muddled remarks about your slain political ally is the kind of thing that gets the attention of the “normies” who have decided to tune out from the whole lurid spectacle of American democracy in 2025. (Ditto for revising childhood vaccine recommendations while confessing you’re not even totally clear what you’re voting on.)

Ten years into this, only fools predict we’ve reached the beginning of the end of Donald Trump. And that’s not what I’m saying. But moments like these are not good for Trump’s already limited base of support, and bring us toward the next chapter of America’s authoritarian experiment, whatever that chapter may be.

https://talkingpointsmemo.com/the-weekender/the-trump-admins-free-speech-struggle-session

Hollywood Reporter: Trump’s Attack on ABC Is Illegal. It Might Not Matter

The carrot or the stick? Trump has utilized every lever of government to target networks critical of him.

The chain of events that led to ABC’s suspension of Jimmy Kimmel Live! unfolded unusually fast. It started with a thinly-veiled threat from Federal Communications Chair Brendan Carr that his agency might take action against the network over accusations that the late night host mischaracterized the politics of the man who allegedly killed Charlie Kirk.

“We can do this the easy way or the hard way,” he said to right-wing podcaster Benny Johnson. “These companies can find ways to change conduct, on Kimmel, or there’s going to be additional work for the FCC ahead.”

Within five hours, Nextstar, an owner of ABC affiliate stations around the country, said that it would pre-empt the show “for the foreseeable future.” Minutes later, ABC pulled it indefinitely.

Since the start of his second term, President Trump has used every lever of government to fight back against what he considers conservative bias in mainstream media and adversarial coverage. By dangling carrots of selective regulatory enforcement and favorable regulation, he’s effectively been able to strongarm networks, which disguise the could-be censorship as private business decisions. Consider Skydance’s acquisition of Paramount, with CEO David Ellison intending to make major changes at CBS News, possibly by bringing on The Free Press founder Bari Weiss in a leading role at the network.

Kimmel was “fired because of bad ratings more than anyone else,” Trump, who predicted the late night host’s firing in July, said at a press conference in London. Later, he suggested revoking the licenses of adversarial broadcast networks. “I would think maybe their licenses should be taken away,” he said. Carr also told CNBC earlier in the morning that “we’re not done yet,” hinting at further changes in media.

And like approval of Paramount’s sink-or-swim merger with Skydance, Kimmel’s suspensions shines a spotlight on the power that Trump wields over dealmaking and regulatory matters in decisions with the potential to transform the long term trajectory of a company. Media execs are on notice: Bob Iger allowed ABC News’ settlement of a defamation lawsuit from Trump; Jeff Bezos revamped The Washington Post‘s opinion section to bring it more in line with Rupert Murdoch’s Wall Street Journal; Los Angeles Times owner Patrick Soon-Shiong shifted the paper’s strategy to increasingly platform conservative views.

Here, Carr knew the affiliate networks had leverage. Nextstar reaches 220 millions viewers in the country, and it appears the company drew a hard line over Kimmel’s remarks. The FCC didn’t formally have to do anything.

“The threat is real,” says Floyd Abrams, a leading First Amendment lawyer who’s argued more than a dozen free speech cases before the Supreme Court.

To Erwin Chemerinsky, dean of U.C. Berkeley School of Law, lines were clearly crossed. “The government, including the FCC, never can impose sanctions for the views expressed,” he says. “But that is exactly what Carr threatened and ABC capitulated.”

Important to note: Nextstar is seeking regulatory approval for its $6.2 billion megamerger with Tegna that, if greenlit, would make it by far the largest owner of local TV stations in the country. But first, the FCC has to raise the 40 percent ownership cap in order to advance the deal.

By pre-empting Jimmy Kimmel Live!, Nextstar was able to curry favor with Carr. The company “stood up and said, ‘Look, we have the license, and we don’t want to run this anymore. We don’t think it serves the interests of our community,’” he said during a Wednesday segment on FOX News’ Hannity. “I’m very glad to see that America’s broadcasters are standing up to serve the interests of their community.”

Yes, Carr’s threat likely violates the First Amendment, legal scholars say, but that only matters if Disney is willing to go to court. The entertainment giant had clear incentives to fold. It has ambitions, perhaps ones that will require regulatory approval in the near future, outside of ABC. There’s the looming threat of government retaliation if it didn’t suspend Kimmel.

Recently, Disney has tried to avoid the partisan political fray. By its thinking, its brand is built on fairytales and fantasies, not taking positions on socially divisive topics, which have come with consequences (Conservatives go to Disney World too). Take the company, under pressure from its employees, criticizing a Florida education barring classroom discussion of sexual orientation and gender identity. State legislators, at the direction of Gov. Ron DeSantis, responded by assuming control of the special tax district that encompasses its 25,000-acre resort. A years-long, bitter feud with its most vital partner for its parks business that likely contributed to former chief executive Bob Chapek’s ouster and a dragging stock price, which culminated in a proxy fight with activist investor Nelson Peltz, followed.

If it does sue, which is very unlikely, Disney could lean on precedent created by an unlikely ally: The National Rifle Association. In a case before the Supreme Court last year, the justices unanimously found that the gun group’s First Amendment rights were violated when New York state officials coerced private companies into blacklisting it. The takeaway, Justice Sonia Sotomayor wrote, is that the constitution “prohibits government officials from wielding their power selectively to punish or suppress speech.”

There are obvious parallels, says Eugene Volokh, a professor at U.C.L.A. law school and influential conservative blogger. “It’s clear that the FCC used coercive pressure — the threat of investigation or cancelling the Nextstar, Tegna merger,” he says.

It’s true that Kimmel’s remarks about the political affiliation of Kirk’s shooter were incorrect. It matters to get things right. But Carr’s intervention thrusts the FCC — and government — into a miscast role as the arbiter of truth. There’s a right to speculate on current events, even if it later turns out to be wrong.

“We’ve never been in a situation like this,” Abrams says. “It’s a real body blow to free expression.”

https://www.hollywoodreporter.com/business/business-news/jimmy-kimmels-suspension-trump-era-first-amendment-threat-1236375335

Newsweek: Trump administration asks Supreme Court for new emergency order

The Trump administration on Friday asked the Supreme Court to let it move forward with ending protections for more than 300,000 Venezuelan migrants. The Justice Department is seeking to block a San Francisco judge’s ruling that found the administration acted unlawfully when it terminated Temporary Protected Status for the group.

A federal appeals court declined to halt U.S. District Judge Edward Chen’s decision while the case proceeds.

In May, the Supreme Court had already overturned another Chen order affecting about 350,000 Venezuelans, without explanation, as is typical for emergency appeals. Solicitor General D. John Sauer told the justices the earlier ruling should guide them again.

Why It Matters

The Trump administration has taken a hardline stance on Temporary Protected Status, arguing that the protections are meant to be temporary but have been abused by consecutive administrations. Immigration advocates have countered, saying that conditions in Venezuela and other countries have not improved enough to send people home.

What To Know

Friday’s plea by the Trump administration continues a cycle of court orders and challenges around the attempts by Secretary of Homeland Security Kristi Noem to end TPS for two groups of Venezuelans.

“This case is familiar to the Court and involves the increasingly familiar and
untenable phenomenon of lower courts disregarding this Court’s orders on the emergency docket,” the administration wrote in its submission to the Supreme Court.

The argument is that Chen’s final order in the case rested on the same legal basis that had been stayed by the Supreme Court just months earlier.

This back-and-forth has left around 300,000 Venezuelans in limbo, alongside thousands more in a second group also facing the potential loss of their legal status.

Under TPS, immigrants from designated countries are allowed to remain in the United States without fear of deportation. They are granted permission to work while in the U.S., and can sometimes travel out of the country.

Noem and her predecessors hold the power to grant and revoke TPS per country. Status is renewed every 18 months, and the first Trump administration made similar attempts to revoke it but also faced legal challenges, which continued until President Joe Biden took office in 2021.

Part of Noem’s reasoning is that conditions in Venezuela have improved significantly, meaning it is safe for immigrants to return home. This has not necessarily aligned with the broader Trump administration’s views on the South American nation and its leader, Nicolas Maduro.

Trump Admin Moves to Revoke TPS for Syria

Also on Friday, the DHS moved to revoke TPS for another country: Syria.

In a Federal Register notice, the DHS reiterated that conditions had improved in the country, indicating that TPS was no longer necessary. Protections are set to lapse on September 30, 2025.

Protections were first introduced in 2012, at the height of the unrest in the Middle East at the time.

What People Are Saying

The Trump administration, in its filing to the Supreme Court Friday: “Since the statute was enacted, every administration has designated countries for TPS or extended those designations in extraordinary circumstances. But Secretaries across administrations have also terminated designations when the conditions
were no longer met.”

Adelys Ferro, co-founder and executive director of the Venezuelan American Caucus, told Newsweek on August 29: “We, more than 8 million Venezuelans, just didn’t leave the country just because it’s fun, it’s because we had no choice…Venezuelans with TPS are not a threat to the United States.”

What Happens Next

The Supreme Court must now decide whether to take up the appeal.

https://www.newsweek.com/supreme-court-donald-trump-immigrants-deportation-venezuela-migrants-2132804

Axios: Trump to Harvard: Hand over race data or face enforcement

The Trump administration warned Harvard on Friday that it would “face further enforcement action” if it refuses to turn over more information about the university’s use of race in admissions.

Why it matters: The warning continues the administration’s push to exert broad control over America’s higher-learning institutions as Trump seeks to eradicate what he calls “anti-white racism,” a reinterpretation at odds with the nation’s history.

What they’re saying: “No one – not even Harvard – is above the law,” Education Secretary Linda McMahon said in a press release.

  • “We will not allow any institution to disregard its obligation to uphold students’ civil rights.”
  • “The Trump Administration will continue to use all legal tools available to restore accountability and transparency to our nation’s institutions.”

Yes, but: The Education Department hasn’t said what “further enforcement action” would mean, leaving the scope of potential consequences vague.

  • The Education Department and Harvard did not respond to Axios’ request for comment.

Catch up quick: The Supreme Court ruled that colleges cannot consider an applicant’s race in the admissions process in 2023, effectively banning affirmative action.

  • Trump also signed a memo in August requiring federally funded higher-education institutions to submit applicant data.

Zoom in: The administration launched its admissions investigation in May. Since then, it has routinely singled-out Harvard.

Zoom out: Trump officials seek to eliminate the diversity, equity and inclusion policies intended to level the playing field for minorities in systems that once favored white people.

What we’re watching: The letter gives Harvard 20 days to hand over admissions data.

https://www.axios.com/2025/09/19/trump-harvard-race-admissions-data

Alternet: Trump sold Americans a ‘fantasy’ — and it’s now unraveling

In the 2024 election, the fact that Donald Trump’s hardcore MAGA base aggressively supported him came as no surprise. But it was independents and swing voters who ultimately got Trump past the finish line and gave him a narrow victory in a close election.

Trump won the popular vote for the first time in 2024, defeating Democratic nominee Kamala Harris by roughly 1.5 percent — and the economy, according to polls, played a key role in that victory. Although the United States enjoyed record-low unemployment during Joe Biden’s presidency, frustration over inflation worked to Trump’s advantage.

But The New York Times’ Jamelle Bouie, in his September 17 column, argues that Trump sold U.S. voters a “fantasy” that is now unravelling.

Trump, according to Bouie, told 2024 voters that “that there were no trade-offs” with the economy — and that Americans “could have their cake and eat it, too” when, “in reality,” it “was a binary choice.”

“The essence of President Trump’s pitch to the American people last year was simple: They could have it both ways,” Bouie explains. “They could have a powerful, revitalized economy and ‘mass deportations now.’ They could build new factories and take manufacturing jobs back from foreign competitors as well as expel every person who, in their view, didn’t belong in the United States. They could live in a ‘golden age’ of plenty — and seal it away from others outside the country with a closed, hardened border.”

One “binary choice,” according to Bouie, was that “Americans could have a strong, growing economy, which requires immigration to bring in new people and fill demand for labor, or they could finance a deportation force and close the border to everyone but a small, select few.”

“Millions of Americans embraced the fantasy,” Bouie laments. “Now, about eight months into Trump’s second term, the reality of the situation is inescapable. As promised, Trump launched a campaign of mass deportation. Our cities are crawling with masked federal agents, snatching anyone who looks ‘illegal’ to them — a bit of racial profiling that has, for now, been sanctioned by the Supreme Court. The jobs, however, haven’t arrived.”

The New York Times columnist continues, “There are fewer manufacturing jobs than there were in 2024, thanks in part to the president’s tariffs and, well, his immigration policies…. To embrace nativism in a global, connected economic world is to sacrifice prosperity for the sake of exclusion, just as the main effect of racial segregation in the American South was to leave the region impoverished and underdeveloped.”

https://www.alternet.org/trump-economy-bouie

Regtechtimes: U.S. veteran detained by immigration officers in California over identity despite valid ID

Justice Brett Kavanaugh, in his opinion, wrote that citizens or lawful residents would be free to go after brief encounters with immigration agents.

But this veteran’s experience shows the opposite. The officers didn’t check his documents when it would have taken only two minutes. Instead, they arrested him based on where he worked and his appearance.

On July 10, a 25-year-old U.S. citizen and Army veteran was on his way to work as a security guard at a cannabis farm in Camarillo, Ventura County, California. He never expected that his day would take a drastic turn. As he approached the farm, he noticed traffic piling up with cars stuck bumper-to-bumper. Protesters were walking along the sides of the street. He soon saw masked federal immigration agents blocking the road.

A terrifying encounter with immigration officers

He tried to explain that he was a U.S. citizen, a father of two, and an Army veteran who had served in Iraq. But the immigration agents didn’t seem to care. Their focus wasn’t on his identity or service record but on blocking his way.

As a contract worker, missing his job meant losing his paycheck. He got out of his car and tried to explain again. The immigration officers ignored him. When they started walking toward him, he got back inside his car to avoid confrontation.

The situation worsened when immigration agents began using tear gas to disperse the nearby protesters. The gas filled his car, making it difficult to breathe. He panicked but still tried to comply with the officers’ orders. However, they gave contradictory instructions like “pull over to the side” and “reverse” while also trying to open his car door.

Before he could react, an immigration agent smashed his window and sprayed pepper spray into the car. He was dragged out, and one agent knelt on his neck while another pinned his back. Despite holding valid identification in his wallet inside the car, the officers refused to check and confirm his citizenship.

He was zip-tied and made to sit in the dirt with other detainees for four hours. He overheard immigration agents questioning why he had been arrested but received no answers. After that, he was thrown into a jail cell without charges or explanations.

Inhumane Conditions in Immigration Detention

His first night in jail was unbearable. His hands, coated with tear gas and pepper spray, burned constantly because he wasn’t allowed to wash them off. Over the next three nights and days, he remained locked up without being allowed to make a phone call or speak to a lawyer.

He missed his daughter’s third birthday. Still, no explanation or apology was offered. After three days, he was released with no charges against him. He was simply let go, with immigration officials providing only a vague statement about cases being reviewed for “potential federal charges.”

This ordeal shook him deeply. He served his country wearing the military uniform, standing watch in dangerous conditions abroad. He believed in the values of fairness, respect, and dignity that are supposed to be guaranteed to every citizen in America.

However, despite proving his citizenship and military service, he was stripped of his rights. He was treated like an intruder, forcibly detained and isolated without cause.

The Broader Warning: This Could Happen to Anyone

The Supreme Court recently allowed immigration enforcement officers to continue their aggressive tactics in California. Justice Brett Kavanaugh, in his opinion, wrote that citizens or lawful residents would be free to go after brief encounters with immigration agents.

But this veteran’s experience shows the opposite. The officers didn’t check his documents when it would have taken only two minutes. Instead, they arrested him based on where he worked and his appearance.

This is not an issue about political sides or voting patterns. It’s about basic rights. If a U.S. citizen can be detained by immigration agents, silenced, and dehumanized despite holding valid identification, then anyone could be next.

This veteran’s experience has now become a warning signal. He is taking legal action with the help of the Institute for Justice under the Federal Torts Claim Act. However, he must wait six months before filing a lawsuit.

He stresses that justice should not be restricted to one group or one viewpoint—it must be accessible and fair for all.

His case highlights how immigration enforcement policies, without proper checks, can strip citizens of their dignity and rights. It raises important questions about oversight, accountability, and fairness in immigration enforcement.

This is not just one person’s story—it’s a cautionary tale that underscores the importance of protecting every citizen from wrongful treatment by immigration authorities.

https://www.msn.com/en-us/news/crime/u-s-veteran-detained-by-immigration-officers-in-california-over-identity-despite-valid-id/ar-AA1MJg0z