After another shooting in Minneapolis by an ICE agent, chaos erupted. Protesters apparently “took the bait” and responded to ICE’s surge by shooting fireworks and assaulting agents. Agents responded by firing gas cannisters and flashbang grenades, and spraying OC in the faces of protesters. Deputy Attorney General Todd Blanche saw his opening and went for it.
Beyond the disingenuous comparison of surging 3000 ICE agents, dwarfing the Minneapolis police force of 600, for no better reason than Trump hating those “garbage” Somalis, as well as former Democratic VP candidate Walz, Blanch threw in a word that isn’t thrown lightly. Insurrection.
Insurrection has a legal meaning and legal consequences, as set forth in 10 USC § 252.
Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
Adding to the mix, Blanche tosses in “terrorism” as well. That too has a legal definition under 18 USC § 2331.
(5) the term “domestic terrorism” means activities that—
(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B) appear to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
Neither Walz nor Frey are terrorists under the law (nor is Renee Good, not that it’s relevant here), and yet the second in command of the United States Department of Justice accused a governor and mayor of committing terrorism in furtherance of an insurrection.
The consequence of such an accusation seems obvious. If, as Blanch claims, there is a “Minnesota Insurrection,” then Trump would have cause to invoke the Insurrection Act and put military troops on the ground to seize control of the state. Notably, the statute places the determination of whether an insurrection exists in the discretion of the president, although the courts may still consider whether it’s a legitimate determination or made of whole cloth. No doubt the president will be given great deference, but he can’t just declare an insurrection for kicks.
Of course, it’s also possible that Blanche’s twit was impetuous and thoughtless, lacking any consideration of the words he chose to use and their legal definitions and implications. Perhaps he was just pulling a Kristi Noem, saying whatever he felt needed to be said to defend the administration without regard to law, facts or consequences. But I wouldn’t bet on it. Lawyers tend not to use such words lightly, and Blanche in particular is attuned to the significance of such loaded legal language and the power it would put into Trump’s hands if he can get away with it.
The irony, of course, is that if there is any claim to an insurrection, the chaos giving rise to it was caused entirely by the outrageous behavior of ICE agents on the streets of Minneapolis. This isn’t a matter of ICE being able to do its job, but about how the job is done, how the rights of Americans are respected in the process, how ICE honors or violates the Constitution in the process of doing its job.
If there is chaos, and there is, ICE is the cause and pushback against its dangerous and unlawful acts that would provide the rationalization for Blanche’s claim of insurrection would just as well be characterized as a defense of law and order, a defense of the Constitution and the constitutional rights of Minnesotans to which the governor is sworn to defend.
Can the Trump administration foment an insurrection by invading a state with federal agents on a whim and then take the opportunity to invoke the Insurrection Act and bring in those member of the military not deployed to Venezuela or Greenland to seize control from a Democratic governor and mayor? We may find out soon enough.