The Trump Crackdown on Elected Officials

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Last Thursday afternoon, the House Speaker, Mike Johnson, stood smiling in a hallway of the Capitol as he deflected reporters’ questions about the week’s most recent outrage. A few hours earlier, in Los Angeles, Alex Padilla, the senior Democratic senator from California, had interrupted a press conference held by Kristi Noem, the Secretary of Homeland Security, then was thrown to the ground and handcuffed by federal agents. In a video of the incident, Padilla, in dark slacks and a windbreaker, identifies himself before asking Noem about the Administration’s deployment of the National Guard and federal troops to police protests in L.A. “I saw the same video, a very brief video that I think many people did,” Johnson said. “Everybody can draw their own conclusions.” He went on to say that he would support a motion to censure Padilla, who, he added with a smirk, had acted “inappropriately.”

Shortly after the video went viral, the Trump Administration responded with its usual mendacity. Noem blamed Padilla for not identifying himself, even though the footage refuted her claims. In a subsequent interview, Padilla, who had arrived at the federal building in L.A. that day for a different meeting, said, “From the moment I entered the building, I’m being escorted by a member of the National Guard and an F.B.I. agent. I asked, ‘Well, since we’re waiting, can we go listen in to the press conference?’ They opened the door for me.” The Department of Homeland Security went on to post a statement on X in which it claimed, falsely, that Padilla had “lunged toward Secretary Noem” and “did not comply with officers’ repeated commands,” adding that the Secret Service “thought he was an attacker and officers acted appropriately.”

At the time, the arrest of a U.S. senator in Los Angeles was the latest incident in a pattern of increasingly aggressive actions that the Administration has taken against elected Democrats and their allies. Each instance has been tied to Trump’s immigration crackdown. In late April, the F.B.I. arrested and charged a Wisconsin county judge, Hannah Dugan, for allegedly aiding an undocumented immigrant in evading Immigration and Customs Enforcement officers at a local courthouse. (She has pleaded not guilty.) On May 9th, ICE agents arrested the mayor of Newark, Ras Baraka, and LaMonica McIver, a U.S. congresswoman, outside an immigration jail in New Jersey. Baraka, who was accused of trespassing on private property, was held for five hours before being released; the charges were dropped, and, a few weeks later, Baraka filed a defamation lawsuit against Alina Habba, Trump’s former personal lawyer and the interim U.S. Attorney for New Jersey. (The suit cites a stream of misleading claims that Habba had posted on social media about Baraka’s actions, saying, among other things, that “he has willingly chosen to disregard the law.”) McIver was charged with assaulting a federal officer in the chaos surrounding Baraka’s arrest, and indicted on June 10th. “The charges against me are purely political,” McIver has said. “They mischaracterize and distort my actions.” If convicted, she faces up to eight years in prison. On May 28th, D.H.S. agents barged into the New York City office of the veteran Democratic U.S. congressman Jerrold Nadler in pursuit of alleged rioters who had protested while ICE officers arrested immigrants outside a courtroom. Moments after the agents reached the door, they handcuffed a staffer, claiming that, when they had demanded entry without a warrant, she had physically impeded them. On June 17th, less than a week after Padilla’s arrest, ICE agents tackled and handcuffed Brad Lander, the New York City comptroller and a candidate for mayor, as he accompanied a person outside an immigration court. “You’re obstructing,” an agent told him, according to a recording. Lander, as he was being cuffed near an elevator, replied, “I’m not obstructing. I’m standing right here in the hallway.” D.H.S. later charged him with “assaulting law enforcement and impeding a federal officer.”

The incidents involving lawmakers all have something in common: in each case, video evidence directly contradicted or undermined the Administration’s account of what happened. The charges against Representative McIver are without question the most serious. Yet she and two other representatives—Rob Menendez and Bonnie Watson Coleman, both New Jersey Democrats—travelled to the facility on May 9th to exercise an uncontroversial prerogative: members of Congress are allowed to visit and inspect immigration-detention facilities, unannounced, as part of their oversight role. The practice has become fairly common in recent years. The facility in Newark, called Delaney Hall, opened the first week of May, a few months after D.H.S. signed a $1.2-billion contract with the private-prison company GEO to operate it. Baraka, who at the time was running for governor, had objected to the contract and raised questions about aspects of the building permit. When he had tried to visit the facility in the past, GEO employees turned him away.

The three members of Congress arrived on May 9th around noon. To enter the facility, visitors pass through an outer gate and into an interior parking lot that leads to the main compound. They had been waiting for about an hour when Menendez noticed a number of armed ICE agents exiting the building into the parking lot. “I’ve never really seen a handful of armed officers at a detention center,” he told me. “These guys were showing up clearly, like, the way you’d expect them to if they were about to go out into the field.” He remembered thinking, “What’s about to go down?”

It was then that Menendez realized Baraka had shown up, but that hardly explained why there would be so many agents. “I honestly thought that there literally was going to be a major, major raid, because I’ve never seen this many armed agents,” he said. According to Baraka’s lawsuit, Representative McIver had invited him to meet with the congressional delegation outside the facility after their tour. But, at 1:50 P.M., a guard stationed at the outer gate invited Baraka inside, claiming that it would “calm the crowd” that had gathered outside to protest. About forty-five minutes later, a senior D.H.S. agent approached Baraka and ordered him to leave. He lingered, but only briefly. By then, the Congress members had seen Baraka inside the gate, and walked over to confer with him. The agent returned and threatened to arrest Baraka, who exited the premises onto public property outside.

What happened next is less clear. Menendez says he overheard part of a phone conversation in which a D.H.S. agent, apparently speaking to a superior, said something about a decision to arrest Baraka. A large group of agents then left the facility. “We were ready to go do the tour,” Menendez told me. “The mayor walked out. The situation was over.” Yet, he continued, “that’s when they decide to open the gate where they knew there were all these people who were on public property protesting.” It was inevitable that the situation would escalate: armed federal agents were converging on a crowd outside the grounds of the facility. The representatives went to join Baraka. Videos show them getting jostled and pushed in the scrum. There’s little question that McIver made physical contact with a federal agent. But the footage hardly demonstrates what she’s been accused of—she appears to be getting shoved herself. “You can’t talk to a congresswoman like that,” McIver can be heard saying at one point. A D.H.S. spokesperson later claimed, without evidence, that the members of Congress were part of a “mob” and were “assaulting our ICE enforcement officers, including body slamming a female ICE officer.”

Robert Gottheim, Nadler’s chief of staff, was stunned by the government’s inflated descriptions of its confrontations with public officials. “You exercise your rights. They do what they want. Then you figure it out after the fact,” he said. The immigration court in Manhattan is on the fifth floor of the federal building at 201 Varick Street; Nadler’s office is on the sixth floor. On the afternoon of May 28th, ICE officers had shown up on the fifth floor with photos of immigrants who were scheduled to appear in court. As the Administration has intensified its arrest operations at courthouses and at routine check-in appointments at ICE offices, demonstrators and clergy have shown up to document the activity. Two members of Nadler’s staff had gone downstairs to observe and, when tensions flared, invited the activists upstairs to defuse the situation. Officers from the Federal Protective Service, a D.H.S. agency that guards government property and personnel, followed them to Nadler’s office.

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