Don't Be Afraid To Speak Up Courage is contagious...and we're going to need it! Joyce Vance Sep 18 Your paid subscriptions make this newsletter possible. They allow me to devote the time and resources needed to bring you clear, in-depth analysis of law, politics, and their impact on our lives. As a paid subscriber to Civil Discourse, you’ll be part of a community that gathers around thoughtful conversation and shared understanding. Today, ABC pulled late-night comedian—a comedian—Jimmy Kimmel off the air because of some comments he made Monday about Charlie Kirk’s murder. This comes on the heels of CBS canceling the Colbert show. Kimmel said on air that “The MAGA gang [is] desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them.” The shooter’s precise motive and political views are unclear. Kimmel also said they were “doing everything they can to score political points from it.” Kimmel also criticized flags being flown at half-mast for Kirk and took a shot at Trump’s response to Kirk’s murder, saying, “This is not how an adult grieves the murder of someone he calls a friend. This is how a four-year-old mourns a gold fish." FCC Chair Brendan Carr pushed for Kimmel’s removal. He called what Kimmel said “the sickest conduct possible,” adding that the FCC could move to revoke ABC affiliate licenses as a punishment. Trump “congratulated” the network “for finally having the courage to do what had to be done.” The attack on the free press is ongoing. Happy Constitution Day. (The day set aside annually to mark the signing of the U.S. Constitution by delegates to the Constitutional Convention in 1787.) The administration appears to be celebrating by cheering its contributions to the erosion of the First Amendment. That makes it all the more imperative than ever for the rest of us to have the courage to continue to exercise our rights and support media that continues to function as the free press that is an essential check on government. For weeks now, the news has been a deluge, making it impossible to keep up with everything. This week so far has been no exception. We know that this is intentional, at least in part. It tends to distract from things like the fact that the Epstein Files have yet to be released. There’s a constant hum of Trump’s incessant push to grow a more muscular, imperial presidency that will allow the Article II branch of government to eclipse the Article I and Article III branches. But some days, it can be helpful to stop and focus on one small incident to get a snapshot of what’s happening. Today, I focused on some reporting about ICE, one of the agencies under the control of DHS Secretary Kristi Noem. A lot has been written about how Trump has transformed ICE. I know many of you have seen that and are deeply concerned by it, as am I. ICE’s congressionally designated mission focuses on immigration enforcement and transnational crime. When I was a prosecutor, we worked serious cases with ICE agents. They were competent investigators. They knew how to get cases done. We did some of the early crypto for crime cases with them and also international networks that were engaged in human sex trafficking, drug trafficking, and elder abuse. They worked computer intrusion cases that had a transnational aspect. We did immigration cases with them, focusing on prosecuting people who were illegally in the U.S. after a prior deportation and who had violent criminal history or were involved in gangs. But what we didn’t do was bust into an American citizen’s house at 5:30 a.m. with the DHS Secretary along. Back in January, DHS posted on its official website that Noem had participated with ICE agents in a “major” New York City enforcement action. She was pictured outside of one of the locations they were “hitting.” Newsweek reported that Noem “joined federal immigration agents during an early morning operation in Elgin, Illinois, on Tuesday that resulted in multiple people being led away in handcuffs, and two U.S. citizens being briefly detained.” CBS reported that five people were arrested during the raid, among them two U.S. citizens, who were released after showing their papers. Here is the report from CBS in Chicago. It’s a simple, red brick, ranch-style house. Witness video, taken after a pre-dawn explosion was heard by neighbors, shows agents peeking into the home, a helicopter flying overhead with a spotlight right on the house in what people in the video describe as a “very quiet neighborhood.” This is what Noem posted Tuesday morning, characterizing the men, including the two U.S. citizens who were subsequently released, as violent offenders. By 8:30 a.m. local time, DHS was responding to these reports, tweeting that “No U.S. citizens were arrested, they were briefly held for their and officers' safety while the operation in the house was underway. This is standard protocol. Please see our release on those arrested.” American Immigration Council Senior Fellow Aaron Reichlin-Melnick tweeted that the man seen in the video was a U.S. citizen named Joe Botello. “They smashed in the doors, dragged him and his roommates out in handcuffs, then posted a video online suggesting he was a criminal, despite knowing he was released soon after,” he wrote, relying on a report from the Chicago Tribune. The agents were masked and armed when they made forcible entry into Botello’s home, destroying both his front door and a glass patio door, according to the Tribune. An agent asked the Texas-born Botello, “how he was able to speak English so well.” It was another poorly executed raid where people’s rights, in this case, American citizens, were violated. By the way, the Secretary’s presence might seem like a small thing here, but it’s not. It’s not amusing. It’s not cosplay. It’s not cute. It’s not shake your head and then look away. It’s dangerous. And it was done, apparently, for a photo op. I spoke with my former colleague Sarah Saldaña, who served as the Director ICE from 2014 to 2017 and as U.S. Attorney for the Northern District of Texas from 2011 to 2014. She was the last presidentially-appointed, Senate-confirmed Director of ICE. I asked her about participating in law enforcement actions. She told me, “ICE removal operations in the field are highly sensitive and potentially dangerous events. Enforcement removal officers are fully armed and trained to respond to various, often unexpected scenarios that they might encounter. Our focus in removal operations under the Obama Administration was on individuals who presented threats to national security and public safety, and those with convictions of serious criminal offenses. As Director and with training only as an attorney and agency manager, I would never have considered actually interjecting myself into the execution of such an operation. I could easily represent a distraction to officers and, without the proper training, present a danger to them, the persons sought, and to myself.” Noem, too, should be concerned about the security risk her presence creates. Furthermore, if Noem accompanied agents to the scene, as the reporting indicates, she made herself a witness. If I’m a criminal defense lawyer for one of the men or a plaintiff’s lawyer in a civil suit, I’m cutting the subpoena for her testimony pronto. This is why smart prosecutors know better than to go along when a search warrant is executed, let alone an attorney general or a cabinet secretary. But Noem likes her photo ops. It’s just another sign of the less-than-professional way Trump’s appointees are running government, following Pam Bondi’s comments about prosecuting people for First Amendment-protected speech earlier this week. Just as members of Congress challenged FBI Director Kash Patel during his oversight hearing on the Hill today, we have to continue to speak out and challenge Noem, Bondi, Kennedy, and others who aren’t up to doing the job the American people deserve. Americans speaking up is precisely what this administration doesn’t want. They want us to be overwhelmed by all the stories about all the things. They want us to be intimidated from exercising our right to speak, lest we fall under attack too. So, our job is to make sure that doesn’t happen. “Courage is contagious” is becoming one of our mottos for this administration. Keep focusing on the truth. Keep speaking out. Keep going. We’re in this together, Joyce p.s. A number of you had questions about ordering the pins commemorating my book, Giving Up is Unforgivable. I shared them with my publisher and they’ve created this FAQ to answer them.