Monday's Final Word

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I fought the tabs, and the tabs won – I fought the tabs and the tabs won ...

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Ed: It took a while, but the White House finally landed on the correct constitutional spot. As long as you are eligible to access firearms and comply with state regulations on carrying, you can carry in a demonstration. What you can't do is interfere with law enforcement, carrying or otherwise. If you interfere with law enforcement while carrying, you are creating a huge risk to yourself and others. That doesn't necessarily justify lethal force against you, but it certainly escalates the situation where it's very possible. 

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Fox News: A self-described "Antifa" member in Minneapolis called for "armed" men to get their "boots on the ground" to stop immigration officials, who he calls "mass murderers" and "fascist occupiers."

Kyle Wagner, who says he's a "master-hate-baiter," made the comments in a series of Instagram videos following the death of Alex Pretti, who was killed by a Border Patrol agent on Saturday. The former Minneapolis GOP chair called him a "wannabe influencer" who's "exacerbating" issues that the city is facing.

"I'm Kyle, I'm Antifa, and everybody in my DMs and calling me and blowing me up, I love all of you," Wagner said in an Instagram video. "I understand that the women who see this are really scared that their husbands are gonna go and not come back, and that's real, and I am very sorry ladies that that is what is happening, but I don't understand how you're struggling to follow that they're gonna keep killing us if we don't end this. And we can't end this without good men in the streets, armed and ready to protect innocent people from being gunned down by these massed murderers, these fascist occupiers."

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"I need boots on the ground and I need them prepared to do what needs to be done so that this does not cost more innocent lives. We do not have any more time to let this drag out. I know it sucks, but this is the iron front," he added.

Ed: Wagner can't respond to his own call, because he's not legally allowed to carry. He wants others to put their bodies on the line for his cause. This is the kind of incitement that gets people killed, and it's also why Tim Walz and Jacob Frey need to stop enabling this rhetoric with their own demagoguery. Two deaths to oppose legit immigration-law enforcement is two too many already. 

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Ed: How can federal law enforcement operating in America be considered an "invasion"? Especially when the purpose of the operations is to remove those who literally invaded the country? However, this is the kind of political view that will worry the White House, and probably should. It provides an incentive for Trump to dial down the temperature as well as Minnesota's leadership. 

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Andrew C. McCarthy at NRO: Even with their excesses, defunding Immigration and Customs Enforcement and the Border Patrol would be very foolish. That we need their missions done better does not alter the fact that we need their missions done. But if Congress were to assert itself and start slashing budgets, that would be the proper, effective, and politically accountable way to curtail the president’s enforcement initiative.

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A lawsuit is the wrong way.

Reportedly, Judge Menendez is wringing her hands because the state’s legal claim and the Justice Department’s response have, to her mind, put her in the position of choosing between Minnesota’s values and the federal government’s. There is no such dilemma. She is a judicial officer in a constitutional system of divided powers, in which the states have no authority to nullify federal law in connection with a federal responsibility, and the federal judiciary has jurisdiction only to address concrete harms, not dictate the future of federal immigration enforcement. No one is asking her to weigh anyone’s values.

Ed: Judge Menendez suffers from the same delusion as some of her colleagues at the federal district court level. They believe themselves to be arbiters of policy rather than judges who act according to the law and the Constitution. There is no case here; the federal government can enforce federal law using as many agents as it sees fit for the purpose. The proper venue for policy is Congress. 

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Ed: I've never heard of Chris Madel. Perhaps he's new to the MN political scene. However, I suspect Madel's withdrawal has a lot more to do with Amy Klobuchar's entry into the race and the fact that there isn't anyone in either party who will beat her. 

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Bill Glahn at Power Line: To my nonlawyer ears, the argument made by the state is a political one, not a legal one. (To be clear, we didn’t get to the defense presentation in the first hour of the hearing.)

The state argues that they did not “invite” DHS into Minnesota to enforce federal law, so DHS must leave when asked.

To her credit. Judge Menendez sounded skeptical. If the state objects to 3,000-4,000 federal agents operating in Minnesota, how many should Judge Menendez permit: 1,000? 50? 0?

The state wouldn’t hazard a guess.

Ed: To be fair, the defense shouldn't even need to present a case here. The state has no jurisdiction in the enforcement of federal law, especially when it specifically repudiates any such responsibility as a "sanctuary state." A responsible jurist would dismiss this lawsuit with prejudice as soon as the hearing started. It sounds like Menendez wants to create a trial record before reluctantly ruling in favor of the Constitution. If she doesn't, though, the Eighth Circuit will. 

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... how it's actually harmful to the "normative state."

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Ed: I don't have any problem with people who oppose immigration policy, nor am I opposed to peaceful and lawful demonstrations to make that point. I'm also in favor of investigations of these shootings to determine whether the use of lethal force was lawful in either or both cases. Inciting people to commit crimes by interfering in law enforcement activities is dangerous, however, and the interference itself is felonious. 

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Glenn Reynolds: A frightened squid pumps out a cloud of ink as a distraction so it can zip away from danger.

That’s a big part of what’s happening in Minnesota right now.

The state’s Democratic political machine is reacting like a spooked squid to revelations that the machine and its clients are complicit in multi-billion-dollar frauds against the federal government.

And the “ink” being squirted is the not-at-all spontaneous wave of riots erupting against federal authorities in Minneapolis.

Ed: That's a great analogy. Be sure to read the whole essay. 

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Ed: I think everyone wants a way out of this showdown. 

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CNN: Top Border Patrol official Gregory Bovino and some of his agents are expected to leave Minneapolis on Tuesday and return to their respective sectors, according to three sources familiar the discussions, sidelining a key player in the Trump administration’s immigration crackdown.

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The move comes after President Donald Trump announced he was dispatching White House border czar Tom Homan to Minneapolis in the wake of Saturday’s fatal shooting of a US citizen. The White House has said Homan is expected to manage Immigration and Customs Enforcement operations in the city. One official said it was a “mutual decision” to have Bovino depart. Some Border Patrol agents are expected to remain in the city, sources said.

 Ed: Quid, meet quo. Bovino may be heading out the door, and Noem may be next. The ICE contingent will still remain, apparently, but this is a trade-off for Walz and Frey tuning the outrage down from 11 to somewhere around 5 or 6. It may also be a trade-off for avoiding a shutdown at the end of the week. 

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Julio Rosas at Mostly Peaceful: At the time of this piece going out, it appears that there will be a drawdown of some federal immigration agents who are currently in Minneapolis and the Twin Cities area. The reduction in force comes after the Border Patrol-involved shooting of Alex Pretti.

While the shooting is still under investigation, this time it looks as though the bad PR from the incident has resulted in the Department of Homeland Security to implement significant changes. To be clear, the agents leaving are with Border Patrol. U.S. Immigration and Customs Enforcement will still be active in the region.

I talked about how we can look to the recent past to learn to not give in to the leftist mob during an interview with Real America’s Voice:

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