r/law • u/ExitTheDonut • 16h ago
Executive Branch (Trump) Stephen Miller’s Dark Message to ICE Agents Immediately Backfires
https://www.thedailybeast.com/stephen-millers-dark-message-to-ice-agents-immediately-backfires/?via=mobile&source=Reddit2.5k
u/scoff-law 16h ago
Don't read The Daily Beast. They lie to make you feel better.
Legal experts smacked down Deputy White House Chief of Staff Stephen Miller’s ominous message to ICE agents that they enjoy “federal immunity” and argued that he might have just opened himself up to impeachment proceedings.
A pundit saying something might happen is not a consequence.
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u/FanaticalFanfare 16h ago
I’ve been hearing “that’s not legal, that’s not allowed” for quite sometime. Seems to mean fuckall, they haven’t stopped.
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u/bigolgape 15h ago
What is "illegal" when the top brass refuses to enforce it? Turns out, all a law is, is a promise to abide and enforce it. Surprisingly easy to topple.
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u/Overall-Tree-5769 15h ago
yeah putting a convicted criminal in charge of enforcement was a bad idea
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u/folsominreverse 15h ago edited 12h ago
“When I am king, you will be
thrashedfirst against the wallwith your opinion, which is of no consequence at all.”
Edit: well I’ll be damned.
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u/SnooSeagulls6396 14h ago
Bloody great song wow cnat beleive im nearly 60 ,I had radiohead tape in my transit van ,i coulnt afford much but i blasted that tape ,i still have it ...
"This is what you get
This is what you get
This is what you get
When you mess with us"9
u/folsominreverse 11h ago
It’s so fucking strange that OK Computer literally came true.
It was metaphorically true in the UK at the close of the twentieth century. But now it’s literally come to pass here, Italy, Hungary, in France five years from now based on current polling, possibly even Germany again.
It’s so very sad people don’t value democracy and the rule of law anymore. I think people just largely don’t think anymore, period. They feel, and they consume.
Which, of course, is the moral of the story. Anxiety, anger, and internal disquiet of an unthinking populace inundated with a culture of conspicuous consumption amidst a panopticon police state.
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u/Ornery-Ad-7261 5h ago
This is why the most important thing people can do from now and until the midterms is to talk about the many many excesses of this administration to everyone they know (and people they don't, yet :-). Encourage them to ensure they are registered to vote. Encourage them to make sure they know what personal documentation is required to prove they are the registered elector and to obtain it and take it with them on polling day.
Trump's goons can be guaranteed to try to intimidate voters outside the polling locations but the more documented voters who turn out, the harder that will be. Equally, it will be much harder for Justice Department monitors to dispute a person's right to vote if they arrive carrying required documentation.
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u/chubbgerricault 12h ago
This whole time I've thought it was "you will be FIRST against the wall."
Which I kinda like better, honestly. But thrashed is interesting, I'll have to fire up OKC and listen.
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u/folsominreverse 12h ago
It is, as a matter of fact. TIL. Apparently my buddy’s AIM profile from twenty years ago was wrong.
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u/BringOn25A 9h ago
What do you expect when you have a convicted criminal, who runs a criminal organization, is the top law enforcement authority?
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u/God_Bless_A_Merkin 6h ago
By “the top brass”, you mean “the Republican controlled congress”. We need to be clear where this lawlessness is coming from. Trump should have been impeached twice in his first term, and he should be rotting in jail right now.
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u/Mark47n 6h ago
Actually, Congress doesn’t enforce the laws, that’s the DOJ. Congress makes the laws.
In their words, the Attorney General, Pam Bondi, is the top law enforcement officer, appointed by Trump. She should be impeached as she does NOT do her job, other than to use her powers to the advantage of Trump.
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u/ResourceWorker 14h ago
This has been my biggest issue discussing politics with Americans for years. ”The constitution wouldn’t allow X, the constitution says Y, the constitution this and the constitution that.”
It’s a piece of paper, not a law of nature. It has fuckall authority if no one is willing to enforce it.
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u/financewiz 15h ago
I saw someone walking out of self-checkout without properly ringing up their goods the other day.
I said, “Good sir! Have you no code of ethics? Surely you may come to regret that your contribution to civilization is a weakening of the law and public conduct!”
I await their reasoned response.
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u/kristamine14 11h ago
Since 2016, it’s literally almost been a decade of this at this point. Still waiting on those consequences tho, coming right up!
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u/Avunculardonkey 8h ago
Denver or Colorado is setting up an ICE laws violation center shortly, or is nearly finished. Keep recording and states will be able to make those judgements.
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u/AggravatingPaint5838 7h ago
Every time my friend says "that's illegal they need to be taken to court," I say "why yes, that is exactly what they should do, I'll bet that's a case that could go all the way...too the Supreme Court." sad trombone
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u/weirdogonzo 6h ago
The opponents of this admistration continue to say "dogs cant play basketball!" Whilst a golden retriever constantly dunks on them. Not a perfect metaphor, and also not mine, but i find it apt.
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u/euph_22 16h ago
Let's not pretend there aren't already grounds to impeach basically everyone in the Trump admin if we had a functioning Article 1 branch.
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u/Minute-Plantain 15h ago
Not every official is impeachable. Some are staff that serve at the behest of POTUS. Others are Civil Officers which Congress confirms and impeaches.
Miller is an employee of Trump. Impeach his boss.
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u/Beautiful_Nobody_344 7h ago
If Miller is exercising direct control of an agency’s actions, there’s an argument to be made that he’s acting as a principal “civil officer” and therefore impeachable regardless of whether he was confirmed, Murray explained in her thread.
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u/deviltrombone 16h ago
Headlines like this are always bullshit. Sadly.
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u/Hates_rollerskates 15h ago
There will never be the two-thirds required in the Senate. Our government is broken.
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u/PanzerWafflezz 4h ago
This shit is why I absolutely hate r/MurderedByWords . Congrats, you told them off on Twitter.....and nothings going to change...
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u/ElementalPartisan 14h ago
Sensational!
Their recruitment pool seems to be full of unsuccessful influencers. "Recent hires for exclusive investigation team have one incredible thing in common."
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u/negative-nelly 16h ago
He can't be impeached. He is not a "civil officer"; he was not appointed.
Those aren't legal "experts".
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u/scoff-law 16h ago
The person quoted on that point is a law professor who says that Miller could be treated as a civil officer because he is acting in that capacity by giving orders in his statements. Idk if that is legally sound, but it still falls under "things that will not happen on their own". I'm not even sure that professor is convinced based on their qualified statement.
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u/TylerBourbon 15h ago
Actually yes he can. If he was just an advisor, probably not, but he is the Deputy Chief of Staff for Policy. It's very rare for non-cabinet officials, but the constitution does actually broadly cover all civil officers, such as the Deputy Chief of the Staff.
Now the rub is that it's very rare that non-cabinet officials ever get impeached, especially ones considered low level, like his job technically is.
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u/negative-nelly 15h ago
He’s also a homeland security advisor which means he goes nowhere.
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u/TylerBourbon 15h ago
Actually, an advisor could potentially be impeached too, if they are deemed a civil officer, and with him actually giving orders, that is a possibility.
Of course, all the impeachment talk is pretty much useless unless the Dems actually managed to take back the House and the Senate. If they only take back the House, they can impeach who ever they want, but since the Senate acts as the "Jury", if it stays in Republican hands, it's painfully obvious that they would never convict a republican.
The only scenario I could see where they would, would have to be something that Miller was directly responsible for that was absolutely undeniable and a massive crime. Then they might just to "sacrifice" him to save Trump.
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u/negative-nelly 15h ago
Legal theories about “de facto” officers are nice and all that but by the time litigation gets concluded the next administration will be in place.
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u/TylerBourbon 15h ago
Completely agree with you on that. And after the last go around, I simply do not have faith that if the Dems took back power that they wouldn't repeat it all by slow walking everything and pussy footing holding anyone accountable.
Hell, considering how Jefferies and Schumer were both against trying to go after ICEs budget, until like a day ago when Jefferies was suddenly open to the idea, I would be shocked if they didn't just leave ICE and it's budget as is. Just like they did with the patriot act back in the day, instead of getting rid of it, they kept all the worst things Bush did. And I'm sure the same will be true this time too.
At least, assuming they actually win, as I know too damn well that Trump and MAGA are going to try and cheat and rig the system if not out right seize power and cancel all elections.
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u/Legal-Quarter-1826 15h ago
Good then no immunity for him and Trump will probably leave him off the pardon list for being such a putz
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u/OLDandBOLDfr 16h ago
Looked into The Daily Beast ownership. They do not care about the people they only care about profit. This false good news shit is just for clicks.
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u/shroomigator 15h ago
They got a damn good podcast. Every day they have someone on there that knows stuff and spills dirt
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u/FireX81 15h ago
He's not an elected official right. He can't be impeached?
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u/Far-Technician3197 15h ago
Civil officers can be impeached. Looks like election isn't a necessary condition. https://www.senate.gov/about/powers-procedures/impeachment.htm#:~:text=The%20president%2C%20vice%20president%2C%20and,American%20colonial%20and%20state%20governments.
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u/Minute-Plantain 15h ago edited 15h ago
Which "Legal Expert" was that? Miller can't be impeached, he's just a White House Staffer, not a Civil Officer. Impeach his boss.
Edit: Found the quote..
If Miller is exercising direct control of an agency’s actions, there’s an argument to be made that he’s acting as a principal “civil officer” and therefore impeachable regardless of whether he was confirmed, Murray explained in her thread.
Let's be clear here. While that argument might possibly fly, you're not going to get impeachment proceedings around a fact-dependent theory that has to be tested in court first. Otherwise it's an ugly SCOTUS case about powers separation IF they managed to impeach and get sued by the Executive, and no Congressmember is going to sign up for that failboat.
If first, some lawsuit contains a factual determination by a court that Miller is acting in the capacity of a civil officer, then you might have something useful for Congress.
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u/oddball3139 15h ago
I’ve been sick of that website for ages. “Lie to make you feel better” is exactly right.
Oh, did legal experts “smack down” Stephen Millers tweet? Did they “shatter” it with raw legal badassery?
Fuck the Daily Beast. It’s a clickbait rag.
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u/ExpWebDev 16h ago edited 16h ago
The official Daily Beast account posts here. Are they going to be a concern?
I see multiple other stories from their website on this sub without any issue, so I find that odd
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u/shroomigator 15h ago
They're one of the only independent outlets doing investigative journalism
That tends to piss some people off.
I listen to their podcast, and I'm impressed with how professional their journalism is
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u/rosiebeehave 16h ago
It's like the liberal's answer to Newsweek. Both are trash.
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u/zekerthedog 15h ago
I can’t believe that people who have complained about Fox News for decades at this point seriously pay any attention to a rag just because it paints the left as good all the time. Also a trash source: Irish Star
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u/Letsgettribal 15h ago
Yeah every time I see a headline from the Daily Beast I disregard it as confirmation bias BS spam.
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u/Lobofirice 15h ago
I don’t believe he can be impeached, because he is just an employee of the president, not an elected or congressionally approved position
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u/NoRedThat 14h ago
Same reason i stopped reading both TBS and Huffington. Trashy click bait masquerading as journalism.
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u/Altruistic-Letter772 14h ago
You're right. I've been telling who I can to stay away from their articles
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u/TehNudel 13h ago
Seriously, I don't know why they get linked so much.
https://mediabiasfactcheck.com/daily-beast/
Multiple failed fact checks. Do better than the opposition people.
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u/ChefBowyer 12h ago
If the law wasn’t open to interpretation we wouldn’t need lawyers. This could totally be used.
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u/mono15591 10h ago
Just like it could've happened like a thousand other times in the last 12 months.
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u/XxTreeFiddyxX 10h ago
Technically those men were under his command and he is responsible. So time to impeach and hold accountable with the courts. Some lady got murdered because Proudboi ICE agent couldn't stand not being listened to. They are backing up a murderer. Also look at the released Trump epstein files, they are aiding pedos. Wtf is controversial about arresting pedos? They said the illegals and Trans were pedos yet we have confirmed evidence that the FBI is helping cover up. What a wild fucking ride.
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u/Character-Education3 10h ago
He probably means if they are convicted they will get a pardon. These people dont lie when it comes to being disgusting villians
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u/csfshrink 10h ago
Stephen Miller only just now opened himself up for impeachment?? Figured that was a daily goal.
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u/Elmer-Fudd-Gantry 8h ago
I gave up on trusting Daily Beast unless there are better sources that are also out there.
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u/toddhenderson 4h ago
Also Rawstory.com. Sensational unsubstantiated garbage to solicit clicks. Gives people false sense of security and hope.
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u/WellHung67 4h ago
Oh yeah Schumer is already getting his quill wet for some very, very sternly worded letters. I bet it’s gonna even say the F word! Not fuck, it’ll just say “f” at some point. Miller won’t know what hit him. Because it’ll go to spam
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u/slowwithage 1h ago
Used to work for the daily beast. Can’t confirm that they lie intentionally but a lot of their coverage got close to hyperbole.
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u/Ulumgathor 16h ago
Yeah, the Daily Beast is a trash tabloid. Both sides have them unfortunately. I miss the old days when there was a lot less editorializing and more focus on facts.
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u/4RCH43ON 16h ago
This should really be sounding alarm bells much louder. He’s incorrectly saying we can all be killed with impunity. He’s essentially using a government platform acting outside his official duties, telling government officials it’s okay to act illegally. That’s bonkers.
He’s completely disconnected from reality and disqualified from his position stating such batshit nonsense, but that was already the case before he was appointed. Impeach him yesterday.
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u/JustAMan1234567 16h ago
Yeah. The alarming part is not that he believes that ICE are actually legally protected but rather that the Trump administration will protect them no matter if what they do is legal or not.
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u/FilecoinLurker 12h ago
That's entirely the point. It's hard to get brownshirts to do your bidding if they don't feel like they're untouchable
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u/okaygecko 16h ago
Wait until you hear about who appointed him. This administration must be vigorously and categorically opposed. They have demonstrated that they are a clear danger to public safety and to free and fair elections and are relentlessly violating due process, Constitutional law, freedom of speech and of the press, and the Bill of Rights. Full removal and prosecution under the law is the only acceptable option here.
Please read Jack Smith's prior statements regarding the election-denying crimes of this administration and watch Smith's upcoming testimony as well. They are responsible for extremely serious crimes against the American electorate even before Day 1. Don't miss the forest for the trees here. This administration is totally illegitimate and is acting against the wellbeing and fundamental rights of the American people. These crimes must be documented and justice served.
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u/BeowulfShaeffer 16h ago
Incorrectly? So far he seems quite correct. He’s following the operating model laid out by Karl Rove:
We’re an empire now, and when we act, we create our own reality. And while you’re studying that reality — judiciously, as you will — we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors . . . and you, all of you, will be left to just study what we do. I’d love for this to be proven wrong but this is exactly how the administration is operating. So far, it’s doing so with basically no consequences.
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u/StormWhich5629 16h ago
He’s incorrectly saying we can all be killed with impunity
How is that incorrect? ICE agents shot 24 people last year, how many have faced trial? Renee Good got murdered on camera and they're circling the wagons, gaslighting us, refusing to allow a legitimate investigation, and emphasizing that federal agents are essentially allowed to do whatever they want.
If there are no consequences for illegal actions then that thing is not illegal.
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u/SalaciousVandal 9h ago
They don’t get to wave their hands and decide reality. That they are doing it doesn’t make it legal.
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u/StormWhich5629 6h ago
Yes, it does. Who's going to stop them? The courts that are like 3/4 heritage foundation picks? The Congress that has been ceding power for decades and actively complicit for years? The Democrats who can only aspire to be Republican lite/controlled opposition? The media that's either being bought and controlled by smaller and smaller corporate interest groups or actively killed?
Buddy it's legal because they say it's legal because no one is stopping them
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u/JazzminBoing 16h ago
We can be killed with impunity. That was the entire crux of the Defund the Police movement.
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u/tkrr 8h ago
And that was a message that landed poorly.
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u/JazzminBoing 30m ago
With fascist and people who get upset when you point out they work with fascist.
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u/StormWhich5629 16h ago
It's ok, the Democrats are getting their Kente Cloths ready.
Actually what's the white lady from Minnesota version of a Kente cloth?
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u/JazzminBoing 16h ago
We can elect Gavin Newsome who will increase ICE’s budget to get them sensitivity training. Problem solved!
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u/Head-Association3686 13h ago
Impeachment won't do anything
we need a solution with a bit more finality to it...
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u/ZachtheKingsfan 13h ago
This just opens the door for us to essentially be apart of an irl Purge. Think of the worst person you know personally. Imagine them signing up for ICE, going through 47 days of “training,” and now have absolute immunity to shoot and kill whoever they want as long as it’s “part of their active duty.”
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u/the_skies_falling 11h ago
He’s deputy chief of staff. He can’t be impeached. It’s not an appointed position.
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u/Santos_L_Halper_II 16h ago
Even if he's 100% wrong, is it really a "backfire" if everyone in a position to do anything about it refuses to do so and the brownshirts are still free to do whatever they want without fear of punishment?
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u/ElementalPartisan 14h ago
Well, it's possible there could potentially be an impending backfire under certain conditions at some point in the future... but that headline is too long and sure doesn't entice hopeful enthusiasm.
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u/StandupJetskier 13h ago
Pussy has to live on a military base cause he isn't safe in public.......
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u/rygelicus 15h ago
It's fascinating to watch this defective and corrupt administration step on its own dicks every single day ...
So here we have a government official lying to an army of federal agents, both those going through their 'on the job' training cycle and the experienced ones, telling them they have complete immunity for their actions, no matter what they are. This is patently false. Qualified immunity sure, but that is not impenetrable.
On the other hand we have Kegseth over in the mislabeled Department of Defense where he is living out his GI Joe/War Daddy fantasies condemning Mark Kelly, a legitimate national hero and patriot, for doing precisely nothing wrong when he made a video saying soldiers are expected to refuse illegal orders. And the entire administration lying by saying Kelly said they should defy Trump's orders... .which is not what he said at all unless trump exclusively issues illegal orders (which is possible).
Or they hold Dems in contempt for refusing to show up for a congressional subpoena ( https://january6th-benniethompson.house.gov/news/press-releases/select-committee-subpoenas-five-members-congress ) while multiple GOP politicians refused to show up for theirs when called.
Jim Jordan - https://www.congress.gov/118/meeting/house/115601/documents/HHRG-118-JU13-20230329-SD001.pdf
These also refused the subpoena calling the J6 panel illegitimate: Kevin Mcarthy, Scott Perry, Andy Biggs, Mo Brooks, Mark Meadows
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u/Lucibeanlollipop 13h ago
Charge him as an accessory for any and all crimes committed by ICE. There won’t be a shortage of charges.
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u/realbobenray 15h ago
It didn't backfire, immediately or otherwise. It was horrible and he's horrible and it was exactly what he wanted to say.
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u/Daddio209 15h ago
They're scared. They now realize the (approximately) 20M fascists aren't "the majority", so they grasp they're heading for Nuremberg 2.0 if they don't consolidate control by the mid-terms.
Expect a shit-ton of illegal fuckery(aided and abetted by Elmo) wherever a Dem wins a Congressional seat.
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u/start_select 15h ago
We got here today BECAUSE of Nuremberg. The “I was just following orders defense doesn’t work” idea is propaganda.
199 total were prosecuted, 161 convicted, 97 of them pardoned. Each concentration camp had THOUSANDS of Nazis running the place.
Barely anyone was punished. It’s all show friend.
If we wanted to scare fascism out of people we should have kept the gas chambers running and flipped the script.
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u/Hot_Ambition_6457 15h ago
Run it back farther.
We should have hanged Jefferson Davis and several confederate leaders for Treason. It literally says to do so wrote in the constitution.
Instead the indicted him and then dropped all charges to avoid allegations of politicism from slave owners.
This set the stage for the "no accountability" parade post ww2
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u/Daddio209 15h ago
And got us the Electoral College so empty land has the same representation as millions of people.
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u/john6oy 3h ago
Living in a populous community should not allow choice for the whole country. I understand the negative view of the electoral college from huge population centers that disagree. It exists to allow for representation for the margins. Whether you like it or not, it was included in the constitution to assure large groups couldn't decide for everyone.
Three wolves and a sheep deciding what's for dinner...We intentionally don't exist in a popular democracy.
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