Trump’s deployment of federal agents in Portland is exactly how not to police protests

“Officials from US Border Patrol and other federal agencies, most of whom are not well-trained for handling mass demonstrations, have shot protesters in the head with “less lethal” munitions, launched tear gas, and arrested citizens far from federal property after stalking them in unmarked vehicles.

The problem for Trump, though, is that the seductive logic of quelling demonstrations using immense force has proven faulty. More of Portland’s residents are on the streets now than before federal agents arrived, and violent incidents have ticked upward, not downward. Despite those results, the Trump administration shows no signs of changing course in Portland, and may even export the strategy to other major American cities like Chicago.”

“That’s right. What we need to do in handling these protests, then, is really understand not only how crowds function but also how crowds react to what the police do. What we have right now is law enforcement agencies under the Department of Homeland Security in Portland just ignoring everything we know about how to do protest policing right.”

“Portland is a fascinating case study because the intensity of the protests and the numbers out on the streets had decreased pretty substantially before federal law enforcement showed up. Object throwing, fire setting, graffiti — all that increased dramatically after federal authorities arrived. So I don’t think anybody can make the argument that the federal authorities came to town and made things better.”

“these events are best handled by local authorities, not federal ones. The reason why is actually quite simple: If local police are playing the game correctly, they should already have a relationship with the leaders of the protest movement as well as other social justice groups.

The hope is that having those kinds of relationships prevents the situation from spiraling in the first place. But if it does start to go wrong, authorities can leverage those preexisting relationships to simmer things down pretty quickly.”

“No credible authority figure on policing protests is suggesting police shouldn’t arrest people who are engaged in violence or property damage. In fact, it’s the opposite: When people are engaged in that type of behavior, they need to be arrested and preferably now, not later.”

“The most potent form of communication the police can engage in, then, is to let protesters know they will facilitate a protester’s right to be there and behave peacefully and lawfully. However, the message should get across that those among the crowd who choose to engage in violence and property damage will be arrested.

That just needs to be a routine and repeated message. And if an arrest is made, authorities need to tell the crowd why they detained someone, because otherwise misinformation will spread.”

“Demonstrations usually have moderate protesters in them, people who are generally peaceful, law-abiding, and aren’t prone to engaging in violence or property damage. Of course, there are also typically some anarchists or people ready to cause trouble. The moderates and troublemakers may not agree on tactics, but they at least share a cause.

If law enforcement attacks the group as a whole for the actions of a few troublemakers, the moderates can start to embrace — or at least understand or appreciate — the strategies of those who are more radical. At that point, the crowd psychology shifts.

This is a key point, and where my recommended approach really comes into play: Law enforcement should want to avoid that shift. You want the moderates to stay moderate. You don’t want the fleeting social identities of the moderates to start to drift toward the social identities of the radicals.

The way I put this for police officers to understand is: “You need to win hearts and minds.” You’re not going to succeed with the radicals who are engaging in property damage, of course, but you just might win over the majority of the crowd.”

National Guardsman Contradicts Trump Administration’s Account of Use of Force Against Protesters

“A National Guard officer will testify Tuesday at a congressional hearing that the June 1 clearing of protesters outside the White House was “an unnecessary escalation of the use of force” and “deeply disturbing to me, and to fellow National Guardsmen.”

“From my observation, those demonstrators—our fellow American citizens—were engaged in the peaceful expression of their First Amendment rights,” Adam DeMarco, a major in the D.C. National Guard, will tell the House Natural Resources Committee, according to his prepared remarks. “Yet they were subjected to an unprovoked escalation and excessive use of force.”

DeMarco’s testimony directly contradicts several of the Trump administration’s shifting explanations for what happened on June 1, when law enforcement violently dispersed a crowd of protesters in Lafayette Square, across the street from the White House. After police cleared the crowds, President Donald Trump conducted a photo shoot of himself holding a Bible outside St. John’s Church.”

“DeMarco testifies that around 6 p.m., Attorney General William Barr and Gen. Mark Milley, the chairman of the Joint Chiefs of Staff, arrived.

“As the senior National Guard officer on the scene at the time, I gave General Milley a quick briefing on our mission and the current situation,” DeMarco writes. “General Milley told me to ensure that National Guard personnel remained calm, adding that we were there to respect the demonstrators’ First Amendment rights.” (Milley has since apologized for appearing in Lafayette Square. “I should not have been there,” he said. “My presence in that moment, and in that environment, created the perception of the military involved in domestic politics.”)

At around 6:20 p.m., DeMarco continues, verbal warnings were given to the crowd to leave. But from where he was standing, about 20 yards away from the line of protesters, the warnings “were barely audible and I saw no indication that the demonstrators were cognizant of the warnings to disperse.”

Law enforcement rushed the crowd at around 6:30 p.m. Videos showed law enforcement assaulting an Australian TV crew. Media and other observers also reported being tear gassed.

The Trump administration says that protesters were throwing items at law enforcement, which DeMarco testifies he did not see. Park Police also emphatically denied they fired tear gas, claiming that officers instead fired smoke canisters and pepper balls, the latter of which are also a chemical irritant. But DeMarco says that tear gas was indeed used.”

They Came for the ‘Illegals’ First, Now They’re Going After Immigrants Who Played by the Rules

“Most immigration watchers thought President Trump’s new executive order extending his 60-day April immigration pause until the end of 2020 was meant to stop new immigrants from coming into the United States. As I pointed out, the order was halting new green cards for anyone other than the children and spouses of American citizens. It was also imposing a moratorium on new temporary work visas, including H-1Bs for foreign techies, H-2Bs for low-skilled non-agricultural work, J visas for summer jobs, and L visas for intra-company transfers. Bringing in more workers from the outside, the proclamation’s zero-sum logic declared, “present[s] a significant threat to the employment opportunities for Americans,” which the country can’t allegedly afford at a time of high pandemic-induced unemployment.

But now the National Foundation for American Policy’s Stuart Anderson has found that buried in the proclamation is a potential deportation plan for hundreds of thousands of high-skilled foreign workers who’ve been legally living inside America, in some cases for decades. They have high-paying jobs for skills that are in short supply in America, they pay far more taxes than they’ll ever consume in welfare, and they are generally upstanding folks.

Foreign techies have to go through an exceedingly arduous, expensive, and long process to obtain green cards. The wait time for green cards is running over seven decades for many of the 350,000 Indian professionals on H-1Bs—and their 357,000 dependents—in the country currently. That’s because Congress capped employment-based green cards at a meager 140,000 per year.* And then, just for good measure, it gave every country the same quota for green cards. This means that countries like India, China, and the Philippines, which send America many tech workers, doctors, nurses, and other high-skilled laborers, have access to the same number of green cards every year as, say, Kazakhstan, which barely sends any. The upshot is that a massive backlog has developed for the former countries. But of course, the Trump administration has shown zero interest in a simple fix like eliminating the per-country limit and rolling over the unused green cards from previous years.”

“Anderson maintains that Trump’s new proclamation includes ominous language that potentially opens the door to subjecting the I-140 holder to one or more additional labor certifications while they are waiting to be approved for their green cards. At the same time, the administration might make the labor certification process itself so onerous as to ensure that few could pass it.

Should the administration proceed with its scheme, hundreds of thousands of high-skilled professionals who’ve played by every rule and waited patiently for years for their green cards, raising families and building lives in America, could find themselves ejected from the country. “If a foreign government wanted to come up with a plan to harm America’s technological leadership in the world, this would be the plan,” Anderson says.”

“there are significant statutory hurdles that might prevent the administration from successfully requiring repeat certifications, says Anderson. However, simply attempting to do so will sow fear and panic among foreign professionals and prompt at least those who are in the relatively early stage of the process to self-deport rather than take any risks with their lives and careers.

Nor is this the first attack on foreign professionals by this administration. The denial of new H-1B petitions has increased considerably during Trump’s term and renewal of existing petitions has become much harder.”

“Undocumented immigrants were just the lowest hanging fruit. Over the years, restrictionists have found ways to smear every category of immigrants. Family-based immigration got pilloried as chain migration; refugees got branded as national security threats; Latin American asylum seekers got lambasted as “invaders.” And now foreign techies, a once-sacrosanct class of immigrants that even conservatives considered highly desirable, are being branded as economic threats.

They came for the illegals first—but of course they didn’t stop there.”

Trump Commutes Ally Roger Stone’s Prison Sentence

“As with the Justice Department’s unprecedented attempt to dismiss charges against former national security adviser Michael Flynn after he pleaded guilty in open court to making false statements to the FBI, Stone’s pardon is a case of the Trump administration citing legitimate problems with the criminal justice system for nakedly cynical and self-serving ends. The Justice Department did not care about excessive sentencing or unfair prosecutions before. It does not care about them now, and it will not care about them when they’re used again to railroad defendants who aren’t Trump’s allies.

This isn’t the first time the Trump administration has stepped in to protect Stone. A federal grand jury indicted Stone last January on seven counts of obstruction of justice, false statements, and witness tampering stemming from Special Prosecutor Roger Mueller’s probe of Russian interference into the 2016 presidential election. Stone was convicted on all counts in November.

Federal prosecutors originally recommended a seven- to nine-year prison sentence for Stone, prompting Trump to fume on Twitter that this was “horrible and very unfair.” A day later, the Justice Department overrode the line prosecutors’ recommendations—an almost unheard of event—saying Stone deserved a far lighter sentence.”

Trump’s Trade War Made the Pandemic Worse, and Nationalism Will Slow the Recovery

“For Trump, Navarro, and the other neo-nationalists increasingly setting policy for the post-2016 Republican Party, America’s modern problems mostly stem from goods and people coming across the country’s borders. If a problem can’t be blamed on immigration, it probably will get blamed on trade. Sometimes both. And the neo-nationalists weren’t about to let the coronavirus crisis go to waste.

“If we learn anything from this crisis,” Navarro said in April, “it should be: Never again should we have to depend on the rest of the world for essential medicines and countermeasures.”

This framing sounds like simple electoral politics. The Republican Party hopes to use the pandemic as an opportunity to double down on Trump’s “get tough on China” message that helped deliver key Rust Belt states in 2016.

But it’s more than that. Protectionism is now infecting the GOP to a degree that may be difficult to excise when the Trump era ends. Leading Republican lawmakers such as Sens. Josh Hawley (R–Mo.) and Marco Rubio (R–Fla.), who have been cheerleading Trump’s misguided tariff policy for years, are already positioning the coronavirus as an excuse to use federal power to reshape global trade. Even some formerly anti-Trump conservatives have been swayed into backing a nationalist vision of an America that must stand up to China or be swallowed by it. The COVID-19 outbreak has served only to confirm their fears.”

“The right’s increasingly vocal trade skeptics have taken advantage of a crisis to advocate a national industrial policy designed not only to decouple the United States from the global trading network but to put America on dangerous Cold War–like footing with one of its biggest trade partners. In doing so, they’re pushing ideas that will leave America less prepared for the next pandemic—and have already left us less able to handle this one.”

“Data from the World Trade Organization (WTO) show that over the past three years—both before and during Trump’s trade war with China—American consumers and businesses imported an average of $13.5 billion per year in medical supplies from China. That’s good enough to put China in fourth place, behind Switzerland ($15.5 billion annually, on average), Germany ($19.6 billion), and Ireland ($27.9 billion). America imported less than half the value of medical supplies from China in 2019 as it imported from Ireland, yet you probably didn’t hear many politicians and media personalities grandstanding about an overreliance on Irish manufacturing.

Meanwhile, an April report from the St. Louis Federal Reserve found that 70 percent of essential medical supplies consumed in the United States in 2018—including gloves, hand sanitizer, masks, and other key coronavirus-fighting stuff—were produced in the United States.”

“In February, the Food and Drug Administration (FDA) touched off a brief panic with a statement warning that the coronavirus outbreak in China could disrupt supply chains and lead to a shortage of drugs in America. The neo-nationalists pounced. In a February letter to the FDA, Hawley called America’s supposed dependence on Chinese-made drugs “inexcusable.” Part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the $2.3 trillion aid bill passed by Congress and signed by Trump in March, calls for the Department of Health and Human Services to develop “strategies to…encourage domestic manufacturing” of pharmaceuticals. By May, the Trump administration had approved a $350 million grant for a little-known Virginia company that promised to make drugs in the United States. “This is a great day for America,” Navarro proclaimed at a press conference.

In the rush to throw taxpayer money at the problem, the White House didn’t wait to see if a problem actually existed. On June 2, an FDA official testified that the agency had found no evidence of shortages of drugs caused by foreign governments restricting exports.

The truth is that America’s global supply lines for pharmaceutical drugs are actually quite diverse and resilient. There are roughly 2,000 manufacturing facilities around the world authorized by the FDA to produce active pharmaceutical ingredients for American consumers; only 230 of those are in China. Some 510 are in the United States, and 1,048 are in the rest of the world. The supply chains for the 370 drugs on the World Health Organization’s list of “essential medicines,” which includes “anesthetic, antibacterial, antidepressant, antiviral, cardiovascular, anti-diabetic, and gastrointestinal agents,” are similarly global: 21 percent of production facilities are in the United States, with 15 percent located in China and 64 percent located somewhere else.”

“As president, Trump has charted a go-it-alone strategy that emphasizes brute power over diplomatic finesse and that sees trade as a means by which other countries take advantage of the United States. Shortly after taking office in 2017, he yanked the United States out of the Trans-Pacific Partnership (TPP), a 12-nation trade agreement that was widely seen as the best way to put pressure on China to change some of its unacceptable behaviors. Instead of that multilateral effort, Trump sought a one-on-one confrontation that attempted to use tariffs to bully China into changing its ways. But his trade war has so far produced only meager results.

A “phase one” agreement signed in December 2019 did nothing to offset the huge costs to both economies of the tariffs the two countries have raised against one another. And the one big “win” secured by Trump—a promise that China would buy more American agricultural goods—seems unlikely to materialize in the face of a global recession.

That lone policy victory has been offset by numerous tangible losses. Since 2018, Trump has imposed tariffs on steel, aluminum, solar panels, and washing machines. Other tariffs have been aimed at roughly $300 billion in annual imports from China—covering everything from industrial equipment to children’s toys. All together, those tariffs have sucked an estimated $80 billion out of the U.S. economy, according to an estimate from the Tax Foundation, a nonpartisan tax policy think tank.

The tariffs have also imposed a human toll, one that became more obvious during the coronavirus outbreak.

“Any disruption to this critical supply chain erodes the health care industry’s ability to deliver the quality and cost management outcomes that are key policy objectives of the country,” Matt Rowan, president of the Health Industry Distributors Association, told the Office of the U.S. Trade Representative at a hearing back in August 2018.

At the time, the administration was weighing whether to include products like hand sanitizer, thermometers, oxygen concentrators, surgical gloves, and other types of medical-grade protective gear in the list of Chinese-made items to be subjected to new tariffs. Rowan emphasized that such supplies were “essential to protecting health care providers and their patients” and would remain “a critical component of our nation’s response to public health emergencies.”

The most instantly noticeable effect of Trump’s tariffs was to increase the price of goods imported from China, including medical equipment. Importers would have no choice but to “almost immediately” pass along those price increases to “hospitals, surgery centers, long-term care facilities, individual consumers, and government programs who purchase our products,” Lara Simmons, the president of Medline Industries, one of the largest medical supply companies in the United States, said during a June 2019 hearing on the tariffs.

But the Trump administration went ahead with the tariffs anyway. Imports of medical equipment from China fell after the tariffs were imposed, and imports from other parts of the world did not increase enough to make up the difference. It’s likely that hospitals and other health care providers were drawing down on existing inventories and hoping the trade war would end before they had to restock, says PIIE’s Bown, who has analyzed changing supply chain patterns in the last few years.

Trump finally lifted tariffs on medical equipment after the pandemic struck. Unfortunately, the administration did nothing to remove tariffs on chemicals used to manufacture disinfectants and antiseptics—items that will be in even higher demand as the economy reopens.

“The tariff is making it more difficult for companies to supply our nation’s essential workers with antiseptics and sanitizing products they need to protect themselves and others from COVID-19,” says Chris Jahn, president and CEO of the American Chemistry Council.

As the COVID-19 body count rose, Trump blamed China for making things worse by lying about the seriousness of the situation in December and January. The Communist regime in Beijing does deserve scorn for misleading the world about the pandemic’s true nature during the early days of the outbreak. But Trump is far too eager to deflect blame from how his own policies weakened America’s preparedness for the disease—and from how they might have made things much worse.”

“When the coronavirus outbreak hit, 3M sprang into action: The company doubled its global production to 100 million N95 masks per month, with 35 million of those made in America. In early April, the company’s CEO, Mike Roman, announced additional investments in mask-making capacity that will allow the company to produce 50 million N95s in the U.S. by June. For that remarkable mobilization of private capital and workforce productivity in the face of a deadly pandemic, 3M earned scorn from the economic nationalists in the White House.

When Trump signed the executive order implementing the Defense Production Act on April 3, he issued a blistering statement accusing “unscrupulous brokers, distributors, and other intermediaries” of operating like “wartime profiteers” simply for selling goods to buyers in other countries. “This conduct denies our country and our people the materials they need to win the war against the virus,” Trump said. Though the formal statement did not mention 3M specifically, Trump was less diplomatic on Twitter. “We hit 3M hard today,” he wrote in a follow-up tweet, as if the company’s Minnesota headquarters were a newly discovered terrorist training ground. “[They] will have a big price to pay!”

What was 3M’s alleged crime against America? Daring to sell face masks to distributors in Canada.

Set aside the belligerence of the president’s remarks, and there is an intuitive appeal to what he’s arguing: America is facing a pandemic, the thinking goes, and we can’t afford to let go of necessary supplies—not even to a close ally like Canada. It’s every nation for itself. Shouldn’t Americans have those masks instead?

But 3M didn’t stand for the president’s shaming. In a statement, the company noted that in order to meet Americans’ needs it was importing more masks than ever from its production facilities in China. “Ceasing all export of respirators produced in the United States would likely cause other countries to retaliate and do the same, as some have already done,” 3M said. “If that were to occur, the net number of respirators being made available to the United States would actually decrease.”

The knockout blow was 3M’s revelation that its American mask production facilities rely on a special wood pulp imported from—yes—Canada. It was an incident that perfectly captured the myopia of Trump’s anti-trade agenda.”

“in 2019, the U.S. imported more than $6 billion worth of PPE from around the world. If everyone followed the logic of “every country for itself,” America would end up with a net loss of equipment totaling nearly $5 billion. This year, the gap would probably be even larger, as production everywhere has increased in response to the pandemic.”

“As a practical matter, it is obvious that the United States would be less capable of responding to the immediate COVID-19 crisis if it stopped trading with the rest of the world. “Re-shoring to America does not imply supply chain resilience,” Bown says. “In a pandemic, excessive reliance on anyone (including yourself) is bad.””

“The Swiss medical supply outfit Hamilton Medical, for example, ramped up production by 50 percent in response to the outbreak in Europe. But then the company hit a snag. A key component of its ventilators came from Romania, a member of the European Union. Because the E.U. had imposed export restrictions on medical equipment and component parts, Hamilton Medical’s suppliers could no longer ship their wares to Switzerland, which is not an E.U. member.”

“”We shouldn’t have supply chains. We should have them all in the United States,” Trump said in that same May 14 interview, spelling it out for all to hear. This has never been solely about strategically countering a competitor’s rise or trying to shift supply chains away from a potentially hostile communist country. It’s about autarky, or at least about detaching America from the global trading systems that have helped lift much of the world out of poverty.

That’s not a recipe for prosperity at home. It makes no more sense than suggesting that Ohio would prosper if it decided tomorrow to stop trading with the other 49 states.”

“As the virus abates, the world will probably reconsider the approach it has taken toward China. If there are individual items for which America is heavily dependent on that country—particular medicines, perhaps—then manufacturers should look to further diversify supply chains. The federal government could encourage that behavior by lowering tariffs for imports from countries that compete with China to produce medical gear and pharmaceuticals. Pursuing nativist “buy American” policies or other forms of protectionism is neither the only solution nor the best one.

But the benefits of free trade and global economic integration created by decades of peaceful cooperation between nations should not be reconsidered. Taxing imports weakened America in advance of the pandemic. Raising barriers to trade made it more difficult to combat COVID-19 once the crisis hit. Nationalism will leave the world sicker and poorer.

Despite all that evidence to the contrary, Hawley, Trump, Navarro, and others seek to use the coronavirus as a cudgel to smash the system of global trade. They would replace it with an alternative that leaves America less free, less prosperous, and less capable of handling the next crisis.”

Trump’s Actions in Portland Mesh With His Political Message

“Tom Ridge, the former governor of Pennsylvania who was the first person to serve as secretary of Homeland Security, also condemned Trump’s actions.
”The department was established to protect America from the ever-present threat of global terrorism,” Ridge, a Republican, told the radio host Michael Smerconish. “It was not established to be the president’s personal militia.”

Ridge said it would be a “cold day in hell” before he would have consented as a governor to what is taking place. “I wish the president would take a more collaborative approach toward fighting this lawlessness than the unilateral approach he’s taken,” he said.”

“The focus of the Trump administration in recent days has been on Portland, where there have been nightly protests for weeks denouncing systemic racism in policing. In the last few days, federal agents from the Department of Homeland Security and U.S. Marshals, traveling in unmarked cars, have swooped protesters off the street without explaining why, in some cases detaining them and in other cases letting them go because they were not actually suspects. The protests have increased in size since the arrival of federal officials.

Trump’s deployment of federal law enforcement is highly unusual: He is acting in spite of local opposition — city leaders are not asking for troops — and his actions go beyond emergency steps taken by some past American leaders like President George H.W. Bush, who sent troops to quell Los Angeles in 1992 at the request of California officials.”

The Supreme Court just dealt a huge blow to Congress’s power to investigate Trump

“Trump v. Vance, largely maintains the status quo. As Chief Justice John Roberts states in the first line of that opinion, “in our judicial system, ‘the public has a right to every man’s evidence,’” and “since the earliest days of the Republic, ‘every man’ has included the President of the United States.” Trump does not enjoy absolute immunity from a state prosecutor’s criminal investigation.”

“The upshot of Trump v. Mazars is that House investigators almost certainly will not see potentially damning records concerning Trump’s finances until after the November election. Mazars was also written by Roberts.
Though Mazars does not preclude the House from seeing those records eventually, by the time those records become available Trump will almost certainly either be an ex-president, or he will be firmly entrenched in his second term.

On the surface, it is easy to see Mazars as a defeat for Trump. The decision was 7-2, with all four of the Court’s liberals joining the majority. Justices Clarence Thomas and Samuel Alito both wrote dissents, where they complain that the majority didn’t do enough to protect Trump from investigation.

But make no mistake, Mazars is a victory for Trump because it holds that the president enjoys special immunity from congressional investigation enjoyed by no other citizen — and because it likely shields Trump’s records from the public eye until after the election.”

“Eastland held that Congress is entitled to gather information — and to use compulsory subpoenas to gather such information — whenever that subpoena is “intended to gather information about a subject on which legislation may be had.” So long as the congressional subpoenas sought information on a topic that could plausibly be subject to an act of Congress, those subpoenas were lawful.
The new rule announced in Mazars, however, can be boiled down into four words: “the president is special.”

According to Roberts, “congressional subpoenas for the President’s information unavoidably pit the political branches against one another.” He adds that “without limits on its subpoena powers, Congress could ‘exert an imperious controul’ [sic] over the Executive Branch and aggrandize itself at the President’s expense, just as the Framers feared.”

So Mazars invents new limits on congressional subpoenas targeting the president, and sends the case back down to a lower court to apply this new rule.”

Trump just commuted Roger Stone’s sentence

“Stone, a longtime Republican operative, was convicted in November 2019 for obstructing a congressional investigation, lying to Congress, and witness tampering in a trial that stemmed from special counsel Robert Mueller’s investigation into Russian interference in the 2016 election. On February 20, Stone was sentenced to 40 months in prison.

Trump’s commutation landed just days before Stone was expected to report to prison on July 14.

The commutation stops short of a full pardon. The conviction will remain on Stone’s record — for now, at least. But the Trump ally won’t have to serve his approximately three-year prison term.”