Sturmabteilung

[This is the second time in recent weeks that an action by President Trump or his Administration has warranted deferring publication of the remainder of a note (in this case, impressions regarding the Biden candidacy) for which the first part has already appeared; I suspect that it won’t be the last time.]

By this time, virtually all who care are aware that at President Trump’s order, federal officers from a number of federal agencies – among them at least the U.S. Marshals Service, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP) – have been patrolling the streets of Portland, OR, for part of July, seeking to quell ongoing protests related to the killing of George Floyd.  Apparently tensions between authorities and protestors have actually escalated since the federal officials’ arrival.  There are reports that federal agents, dressed in military fatigues and traveling in unmarked cars, have grabbed a number peaceful protestors off the streets. The Marshalls Service has shot a peaceful protestor in the head, severely injuring him.  Federal agents have used tear gas on protestors – notwithstanding a state law that only authorizes the use of such agents by local authorities after a riot has been declared and those gathered given a chance to depart.

The federal authorities involved here are not the United States military.  Without delving into the full extent of its jurisdiction, DHS is obviously primarily responsible for protecting us against foreign attacks; even accepting that it has a role in safeguarding federal property, it appears undisputed that DHS agents have conducted operations well beyond the perimeter of the federal courthouse.  There likewise seems to be little in the Portland situation that would invoke the jurisdictions of ICE and CBP, federal authorities sharing responsibility for immigration, border enforcement, and customs.   

U.S. OR Sen. Jeff Merkley has stated, “These shadowy forces have been escalating, not preventing, violence.”

U.S. OR Sen. Ron Wyden has tweeted, “… Trump and [DHS Director] Chad Wolf are weaponizing the DHS as their own occupying army to provoke violence on the streets of my hometown because they think it plays well with right-wing media.”

OR Gov. Kate Brown has stated that she told Mr. Wolf that the federal government should remove federal officers from the Portland streets.  Ms. Brown indicated that Mr. Wolf has refused the request.  She has called the federal deployment “a blatant abuse of federal power.”

Portland Mayor Ted Wheeler has indicated that he has told the Trump Administration to take the federal officials out of Portland.  He has added:  “[W]hat I want to do is raise awareness nationally. This could happen in your city. And what we’re seeing is a blatant abuse of police tactics by the federal government, by a Trump administration that’s falling in the polls. And this is a direct threat to our democracy.”  (Mayor Wheeler’s assertion seems strikingly similar to U.S. UT Mitt Romney’s recent description of Mr. Trump’s unwarranted dismissal of four federal Inspectors General as “a threat to accountable democracy.”)

It is cruelly ironic that the Trump Administration – all too eager to cast responsibility for a Coronavirus response on state and local officials so as to shirk accountability for its own inability to deal with the crisis – is unwilling to accede to state and local officials’ request to let them establish and maintain order in Portland, although policing has traditionally been a local charge within our federal system.

Close friends and I recently exchanged emails on the Trump Administration’s deployment of federal policing agencies to the streets of Portland; the same thought had independently struck us:  Brownshirts. 

“In the summer of 1920 … Hitler organized a bunch of rough-neck war veterans into “strong-arm” squads … [T]hey were officially named the Sturmabteilung [the “S.A.”] …. [O]utfitted in brown uniforms … [t]hese uniformed rowdies …soon took to breaking up [meetings] of other [political parties.”

“[T]he S.A. was reorganized … to generally terrorize those who opposed Hitler.”

“From the earliest days of the Nazi movement Hitler had insisted that the [S.A. was] … to furnish the physical violence, the terror, by which the party could bludgeon its way to political power.”

William L. Shirer:  The Rise and Fall of the Third Reich

“[The S.A. wanted] to protect the prophets of the spiritual goal …. And in this they understood that they were not obligated to undertake the protection of a state which offers the nation no protection, but that, on the contrary, they had to assume the protection of a nation against those who threatened to destroy the people and the state.”

Adolf Hitler:  Mein Kampf

There is no gentler way to put it:  Since Secretary of Defense Mark Esper and Chairman of the Joint Chiefs of Staff Mark Milley made it clear in June that the United States military is not willing to follow Mr. Trump’s orders to act against peacefully protesting American citizens, the Trump Administration has found other federal units more amenable to his political agenda to serve as its private enforcers.  While one can point out that unlike the S.A. – a nongovernmental Nazi militia — the officers deployed to Portland are indeed federal employees, I would submit that such is a distinction without a difference.   Consider: while securing the federal courthouse in Portland is a valid federal objective, it should be relatively straightforward for elite law enforcement agents. The local authorities have asked Mr. Trump’s force to limit its activity to that valid objective, and Mr. Trump’s force has refused. Although I have cautioned in other notes against being distracted from efforts to win the presidential election by the President’s random illiberal acts, I agree with Mayor Wheeler that the Administration’s actions in Portland are a threat to our democracy that can be brought to bear in any city.  Our best defense is to cast a spotlight on such overtly authoritarian activities.  This concludes with a link to those who it is clear are our best soldiers in any struggle to maintain the American way of life.

https://twitter.com/JoshuaPotash/status/1284704272282800128

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