Gradually, then suddenly

[BoSoxGal]

The Fool On The Hill ~ Marc Murphy

They only need to arrest one judge.

They only need to fire one professor. They only need to kidnap one person to a foreign prison without due process. They only need to prosecute one journalist. They only need to convince one university to agree to surrender its students and its soul. They only need to ignore one Supreme Court order.

If you’re waiting for them to arrest all of the judges, or round up thousands of people onto trains, or lock the doors of newspapers and universities, you’re missing the point. If you’re waiting for a formal declaration from the Supreme Court that the President is above the law - that happened almost a year ago.

The Hill To Die On you’ve been waiting for? You’re standing on it. Our democracy won’t end on a particular date or with a parade of tanks down Main Street. This fragile compact has been a dam across a river of America’s worst impulses and it has been eroding for a while. It will continue to erode slowly, in some ways imperceptibly, until it fails and collapses all at once. Or, as Hemingway’s character Mike said when asked in The Sun Also Arises how he went bankrupt: “Two ways” he said, “Gradually and then suddenly”.

Our bankruptcy is of courage.That’s why they only have to arrest a single judge in Wisconsin. In the feral schoolyard that is America the bullies know they don’t have to beat up every kid, just a couple and word gets around. The majority of the rest of the students will hide, comply in advance, or even join the bully’s gang, which some of our nation’s most powerful law firms, universities, and private companies have already done. Their gutlessness is particularly wretched because it is precisely them – armed with wealth, influence, power, and education– who have to be on the front lines of our defense. Of the defense of individuals, of the defense of institutions, of the defense of America.

Some of these institutions who should be bulwarks against the rising tide of authoritarianism not only surrender but aggressively collaborate with our destruction. When a Republican U.S. Senator, Lisa Murkowski, admits “we’re all afraid” of retaliation from the President and that she is “oftentimes very anxious” – to speak out against the dismantling of the Republic – she really says two things: (1) She and her timid colleagues are not worthy of their offices, and (2) the bully is winning.

The servile eagerness to please has already reached into every institution.Take the arrest of that judge in Wisconsin, accused by Attorney General Pam Bondi of assisting a person appearing before her to evade ICE. I was outraged about the judge’s arrest and Bondi’s gross and childish grandstanding but then found myself thinking (as I have been trained) as a lawyer, law professor, and former prosecutor: “Slow down”, I told myself “did she obstruct justice? Should she have been arrested?” Then I caught myself. What is “justice” now? Justice isn’t represented by Bondi’s Department of Justice in this case. Her DOJ commits unjust acts every day out of allegiance to tyranny, not the law or the Constitution. The rules have changed and the question also has to be whether the judge did the right thing. It appears she did. It also appears the DOJ has not. This is an admittedly dangerous analysis but the only moral one at this point. The “good trouble” Congressman John Lewis championed contemplated both the commission of unlawful acts in the service of a higher purpose (it is not at all clear the Wisconsin judge violated any laws at all) and the reality that there are unjust laws and unjust people enforcing those laws. These are extraordinary times, whether you accept that or not. The Fascists, oligarchs, White Supremacists, and others in power hope you don’t. We can no longer cower in the comfort or shadows of ordinary thinking.

The Supreme Court of Wisconsin on the other hand cowered so quickly they must have pulled their own hamstrings. Rather than defending the integrity and independence of its courts and its judges or god forbid, the presumption of innocence itself, they quickly suspended this judge for at least as long as her wrongful and dangerous prosecution is pending “in order to uphold the public’s confidence”. In what, exactly?

A problem is most of us have not lived in extraordinary times. Our times have been, for most, acceptable, a word chosen carefully because the times haven’t ever been great and yet we have largely, in fact, accepted them. Every family has its own story, of course, and your own health, wealth, race, and tragedy or absence of tragedy will prompt you to add your own adjectives to the times that preceded these. But we’re in this boat now because we have accepted so much. That a person doesn’t deserve health care unless they’re working. That the wealthy and corporations shouldn’t pay taxes while infrastructure and schools crumble and people live in alley ways and under highway overpasses.That we don’t need efficient mass transportation. That elections should be for sale. Racism.

This Normalcy Bias has allowed us to accept second-class leadership and a second-class nation for a long time. Many have tried to fight back, heroically. Movements and resistance have risen and then, after often accomplishing marginal or no real change, returned to their homes, jobs, and families because life however managed must go on. There are exceptions. The progress in Civil Rights MAGA is erasing was won with the sweat, blood, and lives of many in that movement. The Americans lost and shattered in Vietnam Nam and the carnage on the evening news drove protesters into the streets with a drum beat chant (“Hey, Hey, LBJ, how many kids did you kill today?”) that actually drove a President out of the White House.

But decades on, our Normalcy Bias keeps most people – especially most young people so far - at home while MAGA’s threats keep them largely silent. Admittedly, not everyone is built for this. America itself, on the other hand, is built to strangle real protest and the change it seeks before it can get started. The same threats that make U.S. Senators tremble keep well-intentioned but obedient protest marchers on the sidewalks and not in the streets blocking traffic, understandably. We can’t have a general strike because people in America need their jobs to have healthcare. Most Americans don’t belong to labor unions and are on the wrong side of a one-sided employment relationship. Without strike protections they’d lose their jobs and their healthcare. One illness or tragedy later they could end up on the street - where we’ve criminalized homelessness. In this brutal American schoolyard you probably won’t be jailed for exercising your 1st Amendment rights to speech and assembly. More likely, you’ll be jailed just for being poor.

So, it’ll keep happening “gradually”, right before our eyes. Until, because they arrested just one judge, we wake up one day and it has happened “suddenly”. Then, it will be too late.

[ex-khobar Andy]

In the feral schoolyard that is America the bullies know they don’t have to beat up every kid, just a couple and word gets around.

This.

[liberty]

What did the judge do? The story I heard was that she allowed an individual sought by ICE to leave through a back exit that would be interfering with federal law enforcement. If so, she was helping him avoid apprehension. Wouldn't that be the same as someone on the street saying to a purse snatcher pursued by the police hide here? Wouldn't that be assisting in an violation of the law?

Can a state official interfere with the federal government in carrying out its duties? I remember a few years ago, there was debate about whether the federal government should have the power to force sheriffs—a state official—to enforce federal law under the Brady Law. Can the federal government now require state officials to carry out federal law enforcement?

[BoSoxGal]

Former Judges Condemn Trump Administration’s Arrest of Wisconsin Judge
Judge Hannah C. Dugan was accused of directing an undocumented immigrant to leave through a side door while federal agents waited for him.

By Julie Bosman

May 5, 2025

More than 150 former state and federal judges have signed a letter to Pam Bondi, the attorney general, condemning the Trump administration’s escalating battles with the judiciary and calling the recent arrest of a sitting state court judge in Milwaukee an attempt to intimidate.

The judge, Hannah C. Dugan of the Milwaukee County Circuit Court, was arrested by F.B.I. agents in April on charges of obstructing immigration agents. Judge Dugan is accused of directing an undocumented immigrant to leave through a side door in her courtroom while agents waited to arrest him.

The group of judges signing the letter was led by Nancy Gertner, a former federal judge, and J. Michael Luttig, a former assistant attorney general and federal judge. The former federal judges who signed the letter included those appointed by members of both political parties. Ms. Gertner was appointed by President Bill Clinton, and Mr. Luttig was appointed to both of his roles by President George H.W. Bush.

“The circumstances of Judge Dugan’s arrest make it clear that it was nothing but an effort to threaten and intimidate the state and federal judiciaries into submitting to the administration, instead of interpreting the Constitution and laws of the United States,” the letter said. “This cynical effort undermines the rule of law and destroys the trust the American people have in the nation’s judges to administer justice in the courtrooms and in the halls of justice across the land.”

On social media last month, Kash Patel, the F.B.I. director, posted a picture of Judge Dugan in handcuffs, a move that the group of judges called “an embarrassing spectacle” that violated Justice Department policy.

Asked about the letter from the former judges, Chad Gilmartin, a spokesman for the Justice Department, referred to a video of Ms. Bondi commenting on Judge Dugan’s case last month.

“It doesn’t matter what line of work you are in, if you break the law, we will follow the facts and we will prosecute you,” Ms. Bondi said in the video.

The letter was supported by the nonprofit watchdog group Democracy Defenders Fund, which was founded by Norm Eisen, a former ethics official in the Obama administration.

“The attack on Judge Dugan is a shocking abuse of power. This isn’t just an attack on one person. It strikes at the heart of what it means to have an independent judiciary, which is why these over 150 judges are speaking out,” Mr. Eisen said.

The Society for the Rule of Law Institute, a group founded in 2023 by conservative and libertarian lawyers and judges, also supported the letter.

Last week, the Wisconsin Supreme Court suspended Judge Dugan from her position as a circuit judge while the case against her moves forward. In a two-page order, the court wrote that the suspension was necessary “in order to uphold the public’s confidence in the courts of this state.”

A preliminary hearing in Judge Dugan’s case is scheduled for May 15. In a statement, a lawyer for Judge Dugan said that she will “defend herself vigorously” and looks forward to being exonerated.

[liberty]

Former Judges Condemn Trump Administration’s Arrest of Wisconsin Judge
Judge Hannah C. Dugan was accused of directing an undocumented immigrant to leave through a side door while federal agents waited for him.

By Julie Bosman

May 5, 2025

More than 150 former state and federal judges have signed a letter to Pam Bondi, the attorney general, condemning the Trump administration’s escalating battles with the judiciary and calling the recent arrest of a sitting state court judge in Milwaukee an attempt to intimidate.

The judge, Hannah C. Dugan of the Milwaukee County Circuit Court, was arrested by F.B.I. agents in April on charges of obstructing immigration agents. Judge Dugan is accused of directing an undocumented immigrant to leave through a side door in her courtroom while agents waited to arrest him.

The group of judges signing the letter was led by Nancy Gertner, a former federal judge, and J. Michael Luttig, a former assistant attorney general and federal judge. The former federal judges who signed the letter included those appointed by members of both political parties. Ms. Gertner was appointed by President Bill Clinton, and Mr. Luttig was appointed to both of his roles by President George H.W. Bush.

“The circumstances of Judge Dugan’s arrest make it clear that it was nothing but an effort to threaten and intimidate the state and federal judiciaries into submitting to the administration, instead of interpreting the Constitution and laws of the United States,” the letter said. “This cynical effort undermines the rule of law and destroys the trust the American people have in the nation’s judges to administer justice in the courtrooms and in the halls of justice across the land.”

On social media last month, Kash Patel, the F.B.I. director, posted a picture of Judge Dugan in handcuffs, a move that the group of judges called “an embarrassing spectacle” that violated Justice Department policy.

Asked about the letter from the former judges, Chad Gilmartin, a spokesman for the Justice Department, referred to a video of Ms. Bondi commenting on Judge Dugan’s case last month.

“It doesn’t matter what line of work you are in, if you break the law, we will follow the facts and we will prosecute you,” Ms. Bondi said in the video.

The letter was supported by the nonprofit watchdog group Democracy Defenders Fund, which was founded by Norm Eisen, a former ethics official in the Obama administration.

“The attack on Judge Dugan is a shocking abuse of power. This isn’t just an attack on one person. It strikes at the heart of what it means to have an independent judiciary, which is why these over 150 judges are speaking out,” Mr. Eisen said.

The Society for the Rule of Law Institute, a group founded in 2023 by conservative and libertarian lawyers and judges, also supported the letter.

Last week, the Wisconsin Supreme Court suspended Judge Dugan from her position as a circuit judge while the case against her moves forward. In a two-page order, the court wrote that the suspension was necessary “in order to uphold the public’s confidence in the courts of this state.”

A preliminary hearing in Judge Dugan’s case is scheduled for May 15. In a statement, a lawyer for Judge Dugan said that she will “defend herself vigorously” and looks forward to being exonerated.

I read it in its entirety, but it didn’t answer the question I was interested in. Did the judge interfere with federal law enforcement? As far as I can tell, she did. That would make her guilty of a crime. Should a judge be above the law and not subject to arrest and prosecution?

[Joe Guy]

Did the judge interfere with federal law enforcement?

That will need to be determined in a court of law. That will only happen if the Trump administration allows due process and doesn't accidentally deport the judge to El Salvador.

[Burning Petard]

I am not a lawyer, I never played one on tv and I have never stayed at a Holiday Inn Express. But I do remember accounts of the actual event in the Wisconsin Judge's courtroom, the judge asked the federal agents more than once to see an arrest warrant and they could not produce one.

Our ruler of all the world who would like to be the Pope, has said repeatedly that thousands of murderers, insane, the worst of the worst, were released from places of confinement in other countries and sent to the the USofA Southern border as an invasion.

He has not been able to name ONE ! ! He admits he has no intention of defending the Constitution, as he swore he would. He declares the emergency that he used to apply this power to deport to El Salvador. is now over (the power that we now admit was shameful and just plain wrong when property of people from Japan was confiscated in California; the owners and their families even if American citizens, placed in concentration camps.)

I can read the Constitution. The Bill of Rights says people. The Supremes over the years have said people means people, not just citizens. Trump is so ignorant that he thinks we will believe him when he says he must hire lawyers to explain this to him.

I really, really do not want the 25th Amendment applied, or another impeachment effort Pleeeese do not use either to remove Trump for the Veep and then the Speaker of the House to step in. I cannot imagine they would do any better. They are ardent supporters of the same playbook for tyranny Trump is promoting. It was no fluke that put AOC into that Congressional seat. it was basic traditional local politics. Write letters. March in the streets. Yes even send money. I just read that the Koch brothers have lost faith in Trump as their lever for power. And above all, get out the vote and the Trumpers can be defeated in Congress next year.

snailgate

[Big RR]

Unlike many of the deportees (all o fthem if Trump et al. get their way), the judge will be entitled to due process and a fair hearing/trial. I don't know the law governing this, but it appears that ICE had an administrative warrant (issued on its own authority, not signed by a judge) to detain the person; but the authority of such a warrant is limited and whether the judge had to comply with it (or whether they had to show it to the judge) must be decided. And that will be decided by the courts, not Trump and his minions. IMHO, once we lose that slender, all is lost, which is why Trump advocates against it.

[Sue U]

Re the OP: A few weeks ago my eldest brother told the rest of us in the family chat he is of the opinion that America is now lost and it's time to go. After looking at a number of options, he has initiated the citizenship process and is scouting real estate in Israel sufficient to house himself & his spouse, his kids and grandchildren. "If I have to fight fascists I might as well do it there," he said. "At least I know for sure there will be an election there next year."

As I've said before, from my own family history I well know the dangers of being too slow to recognize the "gradually" before the "suddenly," and over the last three years or so I've been more and more freaked out by the rise of fascism/white supremacy/"Christian nationalism" both here and abroad. Now with the authoritarian kleptocracy/kakistocracy running wild, the "suddenly" part seems on our doorstep. I'd like to think there's still a future here but I am increasingly unsure, although I still think there's time before emigration becomes the only option. But I feel like that window might not last through next year.

[Burning Petard]

Well, the parade is over and the anti-King demo here in Newark DE achieved not much. I was disappointed that none of the Tanks in the Washington birthday parade had a subway tunnel fall in under them. It was a wonderful historic demo of American know-how when it comes to killing people and blowing things up (the key skill-set of the military) There was nothing from the 21st Century. Did you notice the latest weapons system that has been so effective for Ukraine and Israel: the pickup truck with a bunch of drones on board.

That Abrams tank, costing now more than ten million dollars each, can be knocked out by an old 55 gal steel drum full of amnonium nitrate buried in the middle of the road. That happened many times back in the Forever War in the sand box. Instead of AR15s with various attachments, perhaps true defenders of the American way ought to be stockpiling fertilizer for their victory gardens.

June 14 is flag day, so I put my Rainbow flag outside my door this morning. I have had an "86 47" magnet sticker on the back of my car for two weeks now and nobody has keyed my car. And the FBI has not showed up to interview me.

snailgate.