Undaunted officials smack down bullies
Wisconsin governor punctures autocrats’ aura of omnipotence; similar support for the rule of law was delivered by bipartisan judges
Democratic Governor Tony Evers of Wisconsin is a mild-mannered man, a former teacher and school superintendent, and increasingly in the thick of the fight against Donald Trump’s dictatorial ambitions.
After the FBI recklessly arrested state Judge Hannah C. Dugan on a frivolous charge of impeding ICE agents’ arrest of a suspected undocumented person, Evers issued a written statement: “In this country, people who are suspected of criminal wrongdoing are innocent until their guilt is proven beyond reasonable doubt.” He continued:
“Unfortunately, we have seen in recent months the president and the Trump administration repeatedly use dangerous rhetoric to attack and attempt to undermine the judiciary at every level, including flat-out disobeying the highest court in the land and threatening to impeach and remove judges who do not rule in their favor.”
He concluded, “I will continue to put my faith in our justice system as this situation plays out in the court of law.” It was not long before his faith was tested once again.
Evers put out innocuous instructions to state officials directing them to call the state’s attorneys when confronted by immigration agents. “The five-point memo tells state employees to remain calm and immediately notify their supervisor. After asking agents to identify themselves and to present documentation of why they are there, the guidance says the state worker should contact their office's attorney,” CBS reported. “The memo advises state employees not to answer questions from agents, not to give them permission to enter non-public areas and not to give them access to paper files or computer systems without first talking with an attorney.” Telling state employees to talk to their boss or the appropriate lawyer should not be controversial.
However, Trump’s regime is in the business of hounding, threatening, and bullying officials who dare adhere to the rule of law. On May 1, Trump’s unhinged immigration czar Tom Homan reacted to the memo with an implicit threat: “Wait to see what’s coming.”
Tim Muth, senior staff attorney at the American Civil Liberties Union of Wisconsin, later observed, “Calling a lawyer and getting advice about how to respond to a warrant is not illegal, and to the extent Tom Homan is claiming that that is some way obstruction, he is simply misinterpreting [the law] and intimidating state and local officials in a way that we should all be concerned about.”
Considering the FBI had arrested Dugan on April 25 and led her away in handcuffs, Evers released a video on May 2, making crystal clear he was not cowed by bullies:
Evers demure appearance and unemotional tone project a sense of maturity and calm, a stark contrast with Trump’s frothing thugs who struggle to bypass due process, misrepresent facts, and fan the flames of xenophobia.
Evers soberly recounted that “a Trump Administration official, in not so many words, apparently threatened to arrest me for distributing guidance that asked state agency employees to consult with an attorney if federal agents show up at state buildings with legal documents.” Without sounding defensive he explained, “I haven’t broken the law. I haven’t committed a crime. And I’ve never encouraged or directed anyone to break any laws or commit any crimes.” He then filled in some important context: When Trump or senior officials say these inflammatory things, MAGA forces come out the woodwork to amplify threats, thereby ratcheting up anger and resentment.
He recited the core principles that we call “the rule of law”:
We live in the United States of America, folks. We are a country of laws. The rule of law matters. Following the law matters.
In this country, the federal government doesn’t get to abuse its power to threaten everyday Americans. In this country, the federal government doesn’t get to arrest American citizens who have not committed a crime. In this country, we don’t threaten to persecute people just because they belong to a different political party.
These threats represent a concerning trajectory. We now have a federal government that will threaten or arrest an elected official—or everyday American citizens—who have broken no laws, committed no crimes, and done nothing wrong.
To a regime that only recognizes strength, Evers retorted that MAGA thuggish behavior does not scare him. “I am not afraid. I have never once been discouraged from doing the right thing, and I will not start today.”
An extraordinary letter signed by more than 150 former judges from across the ideological spectrum echoed that message, vowing to uphold the rule of law and condemning her arrest. “This attempt to intimidate the judiciary will fail,” the signers vowed. “The American people understand that the Constitution of the United States has made the nation’s judicial officers the guardians of the rule of law in our country, not the President.”
Evers, followed by the retired judges, made a critical stand in defense of democracy. Show courage. Stand up to bullies. Invoke the Constitution. And under no circumstance give an inch.
Those undaunted patriots have followed this simple formula in the face of crude threats, and set an example for the rest of us. For that, they deserve our praise and gratitude. We salute them for reminding us how best to respond to MAGA menaces.
548 Market Street PMB 72296, San Francisco, CA 94104