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Two Days On The Hill: ICE & Pam Bondi
Writing this newsletter isn’t always easy. But it feels important to me, every day. If my work resonates with you and you want to support it, subscribing to Civil Discourse makes it possible for me to devote the time and resources it takes. Either way, I’m grateful that you’re here. Democracy is a participatory sport, and none of us can sit on the sidelines right now. Being well educated about what’s transpiring and sharing that knowledge with others is one of the most important things we can do.
Democrats in Congress are trying to get their branch of government to do its constitutional duty. As Congress continues to try and lumber to its feet, with just a few Republicans crossing over to work with Democrats on key issues—that’s how we got the Epstein Files Transparency Act in the first place—there is some good news to report.
Tuesday:
Asked if his agency had hired any pardoned January 6 defendants, ICE's acting Director Todd Lyons was shockingly unprepared. He said he didn’t have “that information” in front of him but would get it.
Given how obvious it was that the question was coming, the lack of preparation seems deliberate. But Lyons’ follow-on comment was intriguing: He said that ICE takes assaults on law enforcement seriously, and he doubted anyone who did that on Jan 6 could pass a background check. Apparently, ICE takes assaults on law enforcement more seriously than the President, who pardoned the January 6 defendants.
New York Congressman Dan Goldman, a former federal prosecutor and good friend, wasn’t having any of the justifications and efforts to ignore, or at least walk past, what’s been happening on the ground in Minneapolis and elsewhere.
“If you don’t want to be called a fascist regime or secret police, then stop acting like one.”
“It’s long past time that you rein in your out-of-control agency and start following the law and the Constitution.”
Goldman asked Lyons about the guidance agents are given about asking people walking on American streets to show proof of citizenship. Lyons claimed that his agents conduct “targeted intelligence driven operations,” and that they “don’t walk around in the streets asking people about their American citizenship.”
Goldman was skeptical. “Really?” he responded. “So all of those individual American citizens who have been randomly asked are lying? Is that what you’re saying?”
That exchange prompted the Congressman to ask Lyons if he knew what other 20th Century regimes required people to show proof of citizenship in similar circumstances. Lyons responded that he did. “Sir, there has been various nefarious regimes that did that,” He told Goldman.
Goldman: Is Nazi Germany one?
Lyons: Yes. But I—
Goldman: Is the Soviet Union one?
Lyons: I-
Goldman: I’m asking the questions. Is the Soviet Union one?
Lyons: Yes sir, but I’m, I’m totally…this is the wrong type of questioning.
Goldman: I’ll tell you what the wrong type of questioning. Reclaiming my time.
Lyons: It’s not the men and women of ICE that are out there doing it every day. So to say that the men and women of ICE are Gestapos. Wrong.
After more back and forth, Goldman schooled the acting Director of ICE:
“The problem is, you have it backwards sir. People are simply making valid observations about your tactics, which are un-American and outright fascist. So I have a simple suggestion. If you don’t want to be called a fascist regime or secret police, then stop acting like one. People are simply just observing what they are seeing. And that’s why people are making those comments.
…I was a prosecutor for ten years, prosecuted mob bosses, organized crime, violent criminals, the actual “worst of the worst.” Not a single criminal law enforcement agent that I worked with wore a mask to conceal their identity. But your department, which is a civil law enforcement agency, is defending the use of masks by your agents because of a so-called rise in threats and assaults against your officers.”
…Now, why is that a problem Mr. Lyons? It’s a problem because the explanation that your agents are wearing masks because of fear of assaults or doxxing is outright bogus. You and your untrained, unqualified, unvetted, unidentified agents are intentionally terrorizing our cities and communities all over this country to avoid accountability for their excessive force and their lawless actions. That is why you’re wearing masks, so no one can hold you accountable and you know that the FBI is not going to because notwithstanding all the investigations all of you say are going on, the Department of Justice and the FBI has stated they are not investigating those two murders.
This is not the America I know and love. This is not the America my immigrant [family] came to and it’s long past time that you rein in your out-of-control agency and start following the law and the Constitution.”
There are some members of Congress who seem to have the knack for representing all of us, regardless of where we live. Dan Goldman is one of them.
Wednesday:
Today it was Pam Bondi’s turn. This was her first appearance before the House Judiciary Committee for an oversight hearing, which in and of itself tells you a lot about her respect for the Article I branch of government, 13 months into this administration. Bondi adopted a Trumpian persona, polite, sometimes veering into smarmy with Republicans; dismissive, rude, and downright insulting with Democrats.
But politicians signed up for this. Victims and survivors of horrific crimes didn’t. Washington state Representative Pramila Jayapal was first up for Democrats, and she brought the Epstein survivors with her. She joined me for a Substack Live earlier this evening—I’ll post our full conversation where she explains what she did and how she views Bondi’s approach to the hearing later tonight when the video is ready.
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One of Bondi’s lowest moments, besides her use of a “burn book” of insults that she hurled at Democratic members of Congress, was the response to questions about why she hasn’t indicted anyone else who was involved in sex trafficking with Jeffrey Epstein. Her response? “The Dow is over 50,000 dollars.”
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A judge would strike a response like that during witness testimony in court as non-responsive. And certainly the AG isn’t taking responsibility for the economy? It’s just so classically Trumpian that it would be laughable except that, because of the context, it isn’t. If you listen to her this bit, there’s a moment where she takes a swipe at Maryland’s Jamie Raskin, saying, “I don’t know why you’re laughing, I hear you’re a great stock trader, Raskin,” and then half swallowing a little chortle at her own cleverness, which came off to the room as intentional disrespect.
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Early on, Bondi referred to herself as a career prosecutor. She said that she cares about victims and called Epstein “that monster.” Then she urged victims to come forward. But the irony, and as a prosecutor who handled these kinds of cases, she has to know it, is that victims won’t come forward to talk with the FBI, having seen how Epstein victims are being treated. Asked to acknowledge them repeatedly in today’s hearing, Bondi refused to apologize and arrange interviews with DOJ, something the survivors all signaled they’ve requested but have never been granted. She wouldn’t even turn around to look them in the eyes, to acknowledge and respect their presence.
Bondi compounded it by saying, later, that victims whose names weren’t redacted should contact DOJ to fix it. But their names & information shouldn’t have been exposed in the first place. It’s outrageous that Bondi thinks the burden should be on the survivors to let DOJ know it made a mistake and to get it fixed. DOJ is a massive, well-resourced law firm and it had a legal obligation to protect the victims. It was even provided with a list of names that needed to be redacted, and in some cases, they redacted one or a few, but not all of the victims’ names. It’s so careless that it’s hard to attribute it to mere negligence. Repeated errors of this magnitude, over time, take on the appearance of intentionality. And these are the kind of errors that make it clear to victims that if they come forward with information about the wrong people, their personal safety could be compromised.
Bondi’s Justice Department works for one client above all others, Donald Trump.
Bondi cited statistics from non-Epstein sexual predator cases DOJ is doing in an attempt to establish her bona fides. DOJ has always maintained a strong commitment in this area, and the career prosecutors across the country who do this work have continued it under this administration. That makes it all the more troubling that when it comes to Epstein and the group of wealthy, well-connected men, and even a few women, whose names are sprinkled throughout the files, she is protecting them.
Florida Attorney General Pam Bondi knew better. In a 2013 interview, she was asked about steps she was taking to “crack down on perpetrators and help victims” of human trafficking. This was her response:
“Well, human trafficking is a $32 billion business. Twenty-seven million people worldwide are victims of trafficking, and in the United States alone, 2 ½ million people – it’s real. It’s so ugly that I think people don’t believe that it’s happening.
…it’s all over our state…what struck me was, of the calls to the national human trafficking hotline, nationwide, Florida ranked third in the number of calls. So we’ve got to make Florida – and we are making Florida – a zero tolerance state for human trafficking.
A lot of it falls under domestic servitude, which is horrible. Many of these are 13- and 14-year-olds. Some are illegal aliens who’ve come here for refuge, and they’re being trafficked. And they’re scared, obviously, to report it, because they have nowhere to go. A lot of them are runaways, kids who’ve been bounced from foster home to foster home, and where do a lot of them want to go? Florida.
It affects everyone, and it’s a horrible, ugly, ugly business. Anybody who’s going to exploit our children needs to be prosecuted to the fullest extent of the law.”
What was true in 2013 is true now. Bondi’s Justice Department is doing more to harm victims and shred their protection, not just in the Epstein case, but for all victims of sexual abuse. In her words, “It affects everyone, and it’s a horrible, ugly, ugly business.” Her tolerance for it, where her boss is concerned, is an appalling abdication of duty.
We’re in this together,
Joyce
