Bryan Zepp Jamieson
May 10th 2025
On his podcast the other day, a right winger calling himself “DC Draino” (his parents, somewhat more sane, named him Rogan O’Handley) urged Steve Bannon to consider that eventually Donald Trump would have to suspend habeas corpus. Bannon has no formal role in the Trump administration, but like so many ‘positions’ in the incoherent world of Donald Trump, title, or lack thereof, has little to do with power and influence in this junta. Bannon has considerable power and influence, and didn’t seem to find suspending habeas corpus objectionable.
Nor did the White House mouthpiece: “I have not heard such discussions take place, but I can assure you that the President and the entire administration are certainly open to all legal and constitutional remedies to ensure we can continue with the promise of deporting illegal criminals on our nation’s border,” said White House Press Secretary Karoline Leavitt.
Well, the ‘legal and constitutional remedies’ that Baghdad Barbie envisioned is mentioned in the Constitution, as follows: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” Since this appears in Article One, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives,” this is a power of Congress and not the administration.
The administration has proffered the fantasy that Venezuela is invading, or fostering an invasion of the United States through a criminal cartel called Tren de Aragua. A dozen courts have determined that this rationale has no basis in law or reality, but the Trump junta is still pushing it as ‘fact.’ Leavitt is lying.
Newark Mayor Ras Baraka was arrested for the crime of standing on public property outside of an ICE facility talking peacefully with two congressional representatives opposing the illegal incarceration of people in defiance of habeas corpus. They argued briefly with ICE thugs a few minutes earlier but had peacefully retreated. The mayor was singled out (a progressive Democrat, he had opposed the building of the facility on zoning issues and is running for Governor of New Jersey this fall). Nobody else was arrested or even asked to leave.
Trump’s gestapo may have realized they overstepped, and the mayor was released a couple of hours later, and he reported he was treated with respect during his incarceration although undeniably a prisoner.
Alina Habba, Trump’s personal mouthpiece and acting U.S. Attorney for the District of New Jersey, claimed Baraka “committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention center in Newark, New Jersey this afternoon. … He has been taken into custody.”
In true Pravda form, DHS flak Tricia McLaughlin said, “Today, as a bus of detainees was entering the security gate of Delaney Hall Detention Center, a group of protestors [sic], including two members of US Congress, stormed the gate and broke into the detention facility.” Video shows that the arrest was clearly made on public property, the mayor and his fellow Bastille-stormers having already obeyed warnings and backed off.
Apparently ICE is so fragile that two middle aged congressionals exchanging sharp words with heavily armed guards is considered a “storming.” God help the poor wee bastards if someone flips them the bird. Although if Congressionals were doing this storming, why did they arrest the mayor instead? Wasn’t his role more along the lines of a brief shower, rather than a storm?
Over 200 court decisions have found Trump’s executive orders pertaining to arrests of immigrants or firing of federal employees and cutting of allocated budgets to be illegal, or at the very least, overreach. He has, in total, five decisions that didn’t just slap him flat.
Trump is becoming more erratic and less coherent by the day. Any other president displaying the behavioral and cognitive symptoms Trump has would have either been convinced to step down or face a 25th Amendment process to remove him from office.
But Trump is just the puppet. It’s the powerful extremist movements backing him that are the real danger: the fascistic Heritage Foundation and its dream of corporate takeover of America, the racist and nationalist neo-Nazis like Steve Bannon, and the religious nutjobs who want a vicious theocracy. They are the ones behind this, and they are the ones pulling the strings of the increasingly befuddled and pathetic Trump. He doesn’t even know if he is supposed to “preserve, protect and defend” the Constitution.
We are now very rapidly approaching the point where the administration has become outlaw—it has already begun arresting judges and threatening members of congress for the crime of opposing them. It is ignoring, sometimes blatantly, 200 court decisions against it. And it is still quite literally tearing apart the fabric of USA governance, leaving the people with no representation and totally at the mercy of incredibly rapacious and corrupt criminals.
I still maintain hope of a peaceful and democratic solution to all this. Anything else will be a horror show. But we are now at the point where anyone who has taken an oath to obey the Constitution must oppose these people, and prepare for the eventuality that it may have to be “by any means necessary.”
