Under color of law

Senator Padilla being handcuffed at Kristi Noem press conference

This is what has happened recently in the United States:

A United States Senator, Alex Padilla of California, was physically assaulted, forced to the ground, and handcuffed by agents acting for Homeland Security Secretary Kristi Noem as he attempted to ask her a question. Noem had just returned from a raid on the home of an immigrant family in Huntington Park, California. The agents were attired in full combat gear, including helmets, Kevlar vests, and camouflage fatigues. They carried fully automatic M-4 rifles fitted with 20-round magazines and were wearing masks. They did this under color of law.

President Donald Trump ordered the deployment of more than 4,800 soldiers and Marines to Los Angeles, California. He did this under color of law, specifically, 10 U.S.C. § 12406, a statute which authorizes the federalization of a state’s National Guard if the country is being invaded by the forces of a foreign nation, or to put down a rebellion against the United States government, or to enforce and execute federal laws when the president is otherwise unable to do so. A lawsuit filed in Federal court by Governor Gavin Newsom said that Trump’s actions are “contrary to law and outside of the authority granted to the President under that statute,” and Secretary of Defense Hegseth’s actions in deploying some 700 active-duty Marines “are contrary to law and outside Secretary Hegseth’s authority.”

Donald Trump appeared at Fort Bragg, North Carolina, and gave an unhinged political speech of the kind he regularly gave and gives at political rallies to an assembly of active-duty soldiers from the 18^th Airborne Corps. During the speech, Trump repeatedly mocked his predecessor, President Joe Biden, and asked the assembled soldiers, “You think this crowd would have showed up for Biden?” The soldiers were at the Trump appearance on orders from their Army superiors, and in fact, evidence has emerged that they were hand-picked for their appearance and political views for the occasion. The website Military.com reported yesterday that “One unit-level message bluntly said ‘no fat soldiers.’" Another order to units at Fort Bragg said, “If soldiers have political views that are in opposition to the current administration and they don't want to be in the audience then they need to speak with their leadership and get swapped out.”

Trump recently ordered the renaming of Fort Bragg from Fort Liberty, which the post was named after a law was passed by the Congress renaming Army posts around the country that had been named after Confederate Generals. Trump announced during the speech at Fort Bragg that he was changing the names of seven Army posts back to the names they had before which honored Confederate generals: Fort A.P. Hill, Fort Pickett and Fort Robert E. Lee in Virginia, Fort Gordon in Georgia, Fort Hood in Texas, Fort Polk in Louisiana and Fort Rucker in Alabama. Trump had already ordered the renaming of Fort Bragg and Fort Benning, also named after Confederate generals. The new names of the posts, using the last names of the Confederate generals, are purportedly named after more recent Army heroes. Trump did this under cover of law, because the Congress ordered that the names of the Army posts could not honor Confederates. But everyone knows the truth of what he has done. In fact, he boasted about his defiance of the law during his speech to the soldiers at Fort Bragg.

Since taking office in January, Trump has issued more than 150 executive orders under color of law. Many of those executive orders, which included attempts to shut down entire departments of the federal government such as USAID and the Department of Education, are in defiance of the federal laws passed by Congress establishing those departments.

Others of Trump’s executive orders, issued under cover of law, have resulted in the illegal firings of thousands of federal government employees, many of whom have been reinstated after lawsuits were filed and judges issued orders that they be rehired. One judge recently ordered that the United States Institute of Peace, which is not part of the executive branch and was established by a law passed by Congress and funded in part by Congress, be returned to its board of governors and the building, which was seized by DOGE terrorists, be returned to USIP control.

The Daily Beast today reported on the owner of a roofing business who had a third of his workforce arrested and detained by ICE agents as they drove to work in late May. The ICE arrests and pending deportations were all done under cover of law, even though the men, all from Nicaragua, had work permits and pending asylum applications.

Today, Trump announced on Truth Social that he will order the protection of undocumented workers in certain businesses he apparently views favorably. “Our great Farmers and people in the Hotel and Leisure business have been stating that our very aggressive policy on immigration is taking very good, long time workers away from them, with those jobs being almost impossible to replace," Trump wrote, before once again blaming Joe Biden. “In many cases the Criminals allowed into our Country by the VERY Stupid Biden Open Borders Policy are applying for those jobs. This is not good. We must protect our Farmers, but get the CRIMINALS OUT OF THE USA. Changes are coming!”

Stephen Miller, acting at the behest of Trump, recently ordered Customs and Border Enforcement to step up arrests of undocumented workers who have never been accused or convicted of crimes, including those who work in the industries Trump now seeks to protect. All these contradictory moves, to enforce the law for one group but aggressively apply the law to other groups, are being done under color of law. As reported by the Daily Beast, the consequences of Trump’s illegal application of immigration law are now affecting some of his voters, who own the companies disrupted by the arrests and deportations.

None of the owners of the companies employing undocumented workers have been arrested by ICE during raids on their workforces, including meatpacking plants, farms, garment businesses, and other industries. This disparity in enforcement of immigration policy is, of course, being done under the color of law.

With the tackling, forcing to the ground, and handcuffing of Senator Alex Padilla, and with the arrests and jailing of a mayor and a judge for alleged violations of law, Trump has made it clear that no one is safe from his illegality. Already, ICE has arrested and detained U.S. citizens whom they mistook as being undocumented because of the color of their skin.

This entire Trump regime of illegality is reminiscent of what Black people went through in the South during Jim Crow, when legal behavior by Black U.S. citizens was declared illegal, including the attempt to register to vote, sitting at lunch counters, and riding on public transportation in seats forbidden to Blacks. All the discriminatory behavior of Southern states during Jim Crow and segregation was done under color of law.

The rest of us are now facing the possibility of arrest under color of law for legal behavior such as marching in a demonstration, attending a press conference or rally, or even writing something that offends the sensibilities of Donald Trump.

Governor Gavin Newsom, in a speech on Tuesday, addressed the situation we are in this way: “Democracy is under assault right before our eyes, this moment we have feared has arrived. He’s taking a wrecking ball, a wrecking ball to our founding fathers’ historic project: three coequal branches of independent government.”

It's worse than that, much worse. Trump has said that demonstrations against his big happy birthday military parade “will be met with heavy force.” This is a clear threat to suspend the First Amendment to the Constitution against people he does not approve of, while allowing the First Amendment to protect those who support him. Trump also recently announced that he will eventually do away with FEMA and run the distribution of emergency aid to disaster victims out of the White House. This means that he will allocate federal funds at his own discretion to areas and people who support him, while denying the same tax-payer funds to people who do not.

This is the way dictators run their countries. The law applies to one group, but it does not apply to others. Taxpayer funds are reserved for supporters, but denied to those the dictator does not approve of. The distinction made by the dictator can be made geographically, or by skin color, or by political party, or by religion, or any other criterion he chooses, and because the dictator is in power, he can do it all under the color of law.

To act under the color of law is authoritarian lawlessness writ large. Those of us who oppose Donald Trump will learn this weekend with “No Kings” demonstrations just how far our country has descended into a dictatorship.

I fear for us as individuals, and I fear for our country.