Don’t let them intimidate us! We should welcome the fight!
May 21, 2025
As everyone knows, Trump's strategy is to intimidate and exhaust us. The only appropriate response is to refuse to be intimidated or exhausted. To the contrary, we should welcome the fight—because Trump's bluster and imaginary grievances will evaporate under the harsh light of judicial scrutiny and the common sense of jurors.
Trump's threats of political, criminal, and civil sanctions are nearly always based on groundless legal theories and baseless “factual” assertions that simply will not hold up in court.
The sooner we can force Trump to “put up or shut up” in court, the better off the nation will be. Trump has repeatedly demonstrated that his bull-in-a-china-shop mentality is not successful before judges or juries. See, e.g., his 34 felony convictions and multi-million-dollar judgments for defamation against E. Jean Carroll.
The most recent case in point is that Trump is now attempting to intimidate Congress. Acting New Jersey US Attorney, Alina Habba, announced that she filed a criminal complaint against US Representative LaMonica McIver for an imaginary assault on ICE agents as McIver was performing congressional oversight at an ICE detention facility. See Criminal Complaint, US v. LaMonica McIver.
If an indictment is obtained on the criminal complaint, Rep. McIver will be exonerated by a jury. There does not appear to have been an “assault” on ICE agents; to the contrary, Rep. McIver was on the receiving end of a shoving match between ICE agents and Newark Mayor Ras Baraka.
When the scrum outside the detention center was over, the very agents who were allegedly assaulted by Rep. McIver escorted her through the ICE facility. Moreover, Rep. McIver was acting under statutory and constitutional authority that effectively immunizes her conduct from prosecution.
The bizarre procedure followed by Acting US Attorney Habba strongly suggests that Rep. McIver was targeted because she is a Black woman. Habba announced the criminal complaint on Twitter with a “siren” emoji—a clear sign of animus designed to stir public emotion in advance of charges.
In announcing the charges, Habba also referred to unsuccessful plea negotiations—a stark departure from practice. (Note to former DOJ attorneys: I can’t find a DOJ Manual or policy memorandum about the confidentiality of plea negotiations. I am grateful for any help you can give.)
Moreover, it is the policy of the US Department of Justice not to comment on criminal charges before conviction, other than to describe the charges being filed. Justice Manual | 1-7.000 - Confidentiality and Media Contacts Policy | United States Department of Justice (“Communications with the media should be limited to the information contained in publicly available material, such as an indictment or other public pleadings.”)
After Habba’s Twitter post, Trump claimed that the criminal complaint was intended to show that “The days of woke are over.” See The Hill.
What, exactly, does “woke” have to do with the question of whether Rep. McIver assaulted an ICE agent? Trump clearly used the term “woke” to refer to the fact that Rep. McIver is a Black woman.
Trump's comment violates a new policy memorandum issued by Attorney General Pam Bondi on February 25, 2025, which states, in part,
Critically, in determining whether to commence or recommend prosecution or take other action against a person, a prosecutor “may not be influenced”—in any respect—by the person's “political association, activities, or beliefs.”
Although there may be additional evidence or photos from different camera angles that have yet to be released, the strong suggestion is that Rep. McIver is being prosecuted selectively because she is a Black, female member of Congress who opposes Trump's policies.
Rep. McIver should put the government to the test. Let Habba and Trump assume the criminal burden of proof before a jury of Rep. McIver’s peers.
The effort to intimidate Rep. McIver, and by extension, all members of Congress, is but one instance in which welcoming the fight is our best option. We should not fear bringing matters before the Supreme Court. We need to know sooner rather than later whether the Supreme Court will abandon democracy or stand up to Trump in the coming constitutional clashes.
So, too, with Congress’s efforts to pay for an obscene tax cut for millionaires and corporations by stripping Medicaid and food assistance to the most vulnerable in our nation. Let’s find out if Republicans have the votes and the darkness in their souls to pass the cruel bill. If they do, we need to know sooner rather than later so that we can begin the process of convincing the American people that Trump has betrayed them.
Trump and Republicans are attempting to intimidate and exhaust us so that we will give up and go away. By pushing back, we challenge Trump and his enablers to prove their claims or carry their burdens of proof—legislative, criminal, and civil.
The administration has a losing track record in its first four months—which teaches that we should welcome the fight. Odds are that we will win, most of the time. Given the odds, there is no downside and plenty of upside in resisting Trump at every juncture.
More on the Supreme Court decision to rescind temporary protected status for 350,000 Venezuelans
On Tuesday, I interviewed the Executive Director of the Venezuelan American Caucus, Ade Ferro. The video of my interview is here: Hubbell livestream re SCOTUS decision on Venezuelan TPS.
I encourage you to watch the interview. Trump has stigmatized Venezuelan immigrants in the US who have fled violence and persecution in their home country. Contrary to Trump's caricature of the Venezuelan community in America, 50% of Venezuelan immigrants have college degrees, 95% are employed, some have started businesses and purchased homes, while others have started families with children who are American citizens under the US Constitution.
The notion that Venezuelans with temporary protected status in the US are “criminals” is objectively wrong. Anyone convicted of a misdemeanor is not eligible for temporary protected status.
The Venezuelan community in the US has been devastated by the sudden ruling stripping them of their temporary protected status. If you are moved to support the work of the Venezuelan American Caucus after viewing the video, the link to donate is here: Venezuelan American Caucus donation link.
Secretary of Homeland Security Kristi Noem says “habeas corpus” is the president’s right to deport people.
The ancient right of habeas corpus is enshrined in our Constitution. The writ of habeas corpus guarantees persons detained by the government the right to challenge the lawfulness of their detention.
Homeland Security Secretary Krisi Noem has been actively litigating the applicability of habeas corpus to the detention and deportation of Venezuelan immigrants to El Salvador. As such, she should be intimately familiar with the nature of the writ of habeas corpus.
But when Noem testified before Congress today, she could not describe the right of habeas corpus. Instead of saying that it grants a detainee the right to challenge the legality of their detention, she said
Habeas corpus is a constitutional right that the president has to be able to remove people from this country.
Noem’s answer betrayed a profound ignorance of the Constitution regarding a right that she is currently litigating before the Supreme Court.
So, what? Why does Noem’s ignorance matter?
It matters because it reflects Trump's decision to staff his administration with people who “look the part” to be government officials—rather than with people who have the experience and expertise to lead major components of the US government. Indeed, Trump has staffed his administration with twenty-one Fox “News” personalities.
Appointing people to the administration based on “looks” rather than experience and expertise is an insult to the American people. Perhaps it was a way to “own the libs” in the early days of the Trump administration. But now that people have lost jobs, are paying higher prices at the grocery store, are losing Medicaid benefits, can’t get FEMA emergency assistance, and are afraid to land at Newark Airport, the vacuous “know-nothing” answers of people like Noem are offensive.
We must use this insult against the American people to turn voters against Trump. We must blame the failure of Trump's administration on the dimwitted Fox personalities (and other weirdos) who are “playing” the role of government officials. I trust that creative grassroots activists will be able to capture the sense of outrage and insult on protest signs.
But more is at stake than the sense of outrage and insult.
Robert Kennedy wants to leave your children exposed to measles and Covid by discouraging vaccines.
Kristi Noem wants to dismantle FEMA as we head into hurricane and tornado season.
Howard Lutnick wants to dismantle the National Weather Service at the same time.
Sean Duffy has reduced the air traffic controllers available for air passengers to safely fly into major hubs for airlines.
The empty-headed idiots appointed by Trump are not only an insult to all Americans, but they are also a danger to America. We are one disaster away from a wake-up call of immense dimensions. Let’s pray that disaster does not occur, but recognize that Trump has made us uniquely vulnerable to the type of preventable losses that are within the purview of DHS, FEMA, NOAA, and the FDA.
Opportunities for Reader Engagement
31st Street Swing Left is hosting a fundraiser to help maintain and expand Democratic control in the Virginia House of Delegates. All 100 seats are up for election in 2025—a critical test for Virginia and for Democratic momentum in advance of the midterms. Check out the invitation below:
Help Virginia Send a Resounding Anti-MAGA Message Across the Country!
May 22 at 7:00 pm Eastern / 4 pm Pacific.
Democrats currently hold a slim majority in Virginia’s House of Delegates. But all 100 seats are up for election this year! Democrats can build a stronger majority to help advance a pro-democratic agenda, including codifying constitutional amendments on reproductive rights, voting rights and marriage equality.
Supporting these down-ballot races increases turnout for VA’s statewide races, notably for Governor. Importantly, a solid victory across the board will send a clear Anti-MAGA message in advance of the 2026 congressional midterms.
31st Street has painstakingly chosen a slate of 8 super up-and-coming challengers. But early support now is crucial for these candidates to succeed. Please join their fundraiser May 22, 7PM ET.
31st Street Swing Left is an all-volunteer grassroots organization dedicated to electing Democrats and preserving our democracy. Here is the link to register for this free event. And here is the link to donate to the slate.
Concluding Thoughts
Yesterday, I wrote in Concluding Thoughts, “I am spent.” I received dozens of emails expressing concern over my health. To assuage those concerns, I note that my Managing Editor watches me like a hawk, so not to worry.
Second, my comment was borne from a bit of exhaustion of the best type—helping to care for our new granddaughter. The experience is a joy, but it has been more than three decades since I have held an infant in my arms while doing the “bouncy walk” for more than an hour. As a result of those wonderful duties, I have been publishing the newsletter later than usual. (We are in D.C., so the publication may seem earlier to you, but when the clock says 1:30 a.m., “I feel spent,” regardless of the time zone.)
Several readers have asked me to comment on the departure to Canada of three prominent Yale professors (including Timothy Snyder). I highly recommend Rebecca Solnit’s essay in Meditations in an Emergency, Staying with the Trouble (Is Not Necessarily About Geography).
Solnit makes the point that whether someone continues to resist Trump is not dependent on geography:
You can leave the country and stay with the struggle or stay in the country and not participate in the struggle, and to be blunt, the majority of people in the US are not participating.
It does not matter where we are or what we do. What matters is that “we participate in the struggle.”
Last week, a reader called me about a problem receiving the newsletter. After I helped her straighten out the issue (it was being diverted to her spam folder), she said, “I can’t go to protests because I am in a wheelchair in a nursing home. But I do call my representatives, and I am trying to organize the other residents in the care facility.”
As I tried to maintain my composure (“I’m not crying, you’re crying”), I thanked her for her efforts and told her that by doing her part, she was helping to defend democracy as much as anyone else.
Wherever we are, whatever we can do, the most important thing is that we do something. By doing something, we ensure that these challenging times will not change us. And by doing something, we serve as an inspiration to others—whether we know it or not.
The reader in the wheelchair in a nursing home in New York now serves as an inspiration to me. She should serve as an inspiration to you, as well. By doing something, she is accomplishing more than she knows. It is so with each of us who chooses to “participate in the struggle.”
Let’s welcome the fight and hasten the day when we will reclaim democracy and restore decency in America.
Talk to you tomorrow.
Daily Dose of Perspective
My dose of perspective: As I was lambasting representatives over the phone today for their actions, I found myself telling them that if I am going down, I am going down swinging, regardless of whether I can coax them to see the harm in what they are doing. After a few of those calls, I watched the clouds roll by. Later I found out that all our preferred school board candidates won their elections in our district...Including ouster of the one whose vote decided on getting a book banned a few months ago. Hooray! Our efforts paid off!! I feel reinvigorated.
I wanted to share a comment from another Substack yesterday-- the idea that at the gatherings on June 14, we should recite en masse a 'citizen's oath' similar to the oath taken by elected officials:
"We do solemnly swear (or affirm) that we will faithfully execute the office of citizens of the United States, and will to the best of our Ability, preserve, protect and defend the Constitution of the United States."
This seemed to me a beautiful concept, all of us becoming officer-citizens, protecting constitutional values.