Mike Fox
@foxmike90.bsky.social
Criminal Justice @CatoInstitute | Human-Companion to Miranda the Husky
Reposted by Mike Fox
This case underscores how SCOTUS made it impossible to hold immigration cops accountable for the abuses you see in all those videos.
A federal task force cop manufactured evidence to put an innocent woman behind bars for two years. Because of SCOTUS-conferred immunity, the case never got to a jury.
A federal task force cop manufactured evidence to put an innocent woman behind bars for two years. Because of SCOTUS-conferred immunity, the case never got to a jury.
Minnesota cop who fabricated a sex-trafficking ring won't be held accountable
The officer made up information and lied multiple times under oath but the government says she has federal immunity.
reason.com
October 29, 2025 at 1:36 PM
This case underscores how SCOTUS made it impossible to hold immigration cops accountable for the abuses you see in all those videos.
A federal task force cop manufactured evidence to put an innocent woman behind bars for two years. Because of SCOTUS-conferred immunity, the case never got to a jury.
A federal task force cop manufactured evidence to put an innocent woman behind bars for two years. Because of SCOTUS-conferred immunity, the case never got to a jury.
Reposted by Mike Fox
An excellent piece on why juries are foundational to our system & why prosecutors do their utmost to keep thinking, feeling jurors out of the courtroom.
Now Is Not the Time for Federal Judges to Be Removing ICE Skeptics From Jury Selection
The government has made its bed, and now it must lie in it.
slate.com
October 23, 2025 at 9:56 PM
An excellent piece on why juries are foundational to our system & why prosecutors do their utmost to keep thinking, feeling jurors out of the courtroom.
Reposted by Mike Fox
From my Cato colleague @foxmike90.bsky.social: judges in protest cases have excused jurors who admit they don't trust ICE or have strong feelings against it. But those are legitimate positions, and a jury lacking them isn't representative of the local community ("vicinage") the Constitution demands.
Now Is Not the Time for Federal Judges to Be Removing ICE Skeptics From Jury Selection
The government has made its bed, and now it must lie in it.
slate.com
October 23, 2025 at 9:57 PM
From my Cato colleague @foxmike90.bsky.social: judges in protest cases have excused jurors who admit they don't trust ICE or have strong feelings against it. But those are legitimate positions, and a jury lacking them isn't representative of the local community ("vicinage") the Constitution demands.
Reposted by Mike Fox
From my colleague @foxmike90.bsky.social.
From pretrial detention to the threat of foreign rendition, the Abrego Garcia case shows how political prosecutions and coercive plea deals have eroded the promise of a fair trial.
What's really at stake in the Kilmar Abrego Garcia case?
From pretrial detention to the threat of foreign rendition, the Abrego Garcia case shows how political prosecutions and coercive plea deals have eroded the promise of a fair trial.
reason.com
October 9, 2025 at 8:30 PM
From my colleague @foxmike90.bsky.social.
Reposted by Mike Fox
The latest from my colleague @foxmike90.bsky.social on the stakes in the Kilmar Abrego Garcia case.
What's really at stake in the Kilmar Abrego Garcia case?
From pretrial detention to the threat of foreign rendition, the Abrego Garcia case shows how political prosecutions and coercive plea deals have eroded the promise of a fair trial.
reason.com
October 9, 2025 at 8:02 PM
The latest from my colleague @foxmike90.bsky.social on the stakes in the Kilmar Abrego Garcia case.
Reposted by Mike Fox
A federal judge in Chicago has found that ICE conducted numerous illegal warrantless arrests in Illinois and nearby states in defiance of a 2022 consent decree. It also prepared post hoc arrest rationales after the fact based on details agents "did not know at the time they made the arrests". /1
ICE Violated Consent Decree With Warrantless Arrests, Federal Judge In Chicago Says
Attorneys argued that the recent arrest of an Albany Park family at Millennium Park violated a consent decree that limits the conditions under which federal agents can make warrantless arrests.
blockclubchicago.org
October 8, 2025 at 9:15 PM
A federal judge in Chicago has found that ICE conducted numerous illegal warrantless arrests in Illinois and nearby states in defiance of a 2022 consent decree. It also prepared post hoc arrest rationales after the fact based on details agents "did not know at the time they made the arrests". /1
Reposted by Mike Fox
Holy hell. DHS just openly stated that its agents use “reasonable suspicion” to make ARRESTS. This is blatantly unconstitutional. The Supreme Court is clear that you need probable cause to arrest someone, as opposed to stop them to ask them a question or two. This is huge b/c…
October 3, 2025 at 1:34 AM
Holy hell. DHS just openly stated that its agents use “reasonable suspicion” to make ARRESTS. This is blatantly unconstitutional. The Supreme Court is clear that you need probable cause to arrest someone, as opposed to stop them to ask them a question or two. This is huge b/c…
Reposted by Mike Fox
Three cheers for the Constitution's right to a jury: a federal jury in Los Angeles "took just over an hour to acquit [Brayan] Ramos-Brito of a misdemeanor assault count" in an ICE-scuffle case hinging heavily on the testimony of border sector chief Gregory Bovino, now doing raids in Chicago.
October 2, 2025 at 11:38 PM
Three cheers for the Constitution's right to a jury: a federal jury in Los Angeles "took just over an hour to acquit [Brayan] Ramos-Brito of a misdemeanor assault count" in an ICE-scuffle case hinging heavily on the testimony of border sector chief Gregory Bovino, now doing raids in Chicago.
Reposted by Mike Fox
From my colleague @foxmike90.bsky.social: The Framers saw citizen juries as a bulwark against tyranny, and D.C. juries could do much to curb Jeanine Pirro’s penchant for pressing doubtful charges in politically charged cases.
The Home Team Advantage: How DC Jurors Can Become a Bulwark Against Government Oppression
When prosecutors overstep their bounds, the Framers tasked citizen jurors with exercising their widely recognized power to reject their advances through a verdict of acquittal.
www.cato.org
October 2, 2025 at 8:06 PM
From my colleague @foxmike90.bsky.social: The Framers saw citizen juries as a bulwark against tyranny, and D.C. juries could do much to curb Jeanine Pirro’s penchant for pressing doubtful charges in politically charged cases.
Reposted by Mike Fox
From my colleague Matthew Cavedon: under the Constitution, it's up to states (and not, as he seems to think, Donald Trump) to decide to what extent to rely on cash bail. Either way, improved pretrial supervision can offer an option better tailored to the rights of defendants and needs of the public.
Pretrial Supervision Can Offer More Freedom—and Safety—than Jail or Cash Bail
Pretrial supervision represents a smarter approach than the extremes of warehousing defendants or turning them loose. The momentum now exists to review pretrial release.
www.cato.org
September 25, 2025 at 4:23 PM
From my colleague Matthew Cavedon: under the Constitution, it's up to states (and not, as he seems to think, Donald Trump) to decide to what extent to rely on cash bail. Either way, improved pretrial supervision can offer an option better tailored to the rights of defendants and needs of the public.
Reposted by Mike Fox
Some preliminary thoughts on Trump's new executive order "Countering Domestic Terrorism and Organized Political Violence," which declares a law enforcement crackdown on some ill-specified blend of action and speech by his political adversaries, on grounds that they encourage and abet violence. /1
Countering Domestic Terrorism and Organized Political Violence
NATIONAL SECURITY PRESIDENTIAL MEMORANDUM/NSPM-7 MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF THE TREASURY THE ATTORNEY GENERAL
www.whitehouse.gov
September 25, 2025 at 11:06 PM
Some preliminary thoughts on Trump's new executive order "Countering Domestic Terrorism and Organized Political Violence," which declares a law enforcement crackdown on some ill-specified blend of action and speech by his political adversaries, on grounds that they encourage and abet violence. /1
Reposted by Mike Fox
Critics including Elon Musk have assailed my @cato.org colleague Alex Nowrasteh's study finding that most politically motivated terrorist killings in the U.S. since 1975 have been done by persons on the right. Alex responds to the critics here and explains his methods and classifications.
Alex Responds to the Critics: Politically Motivated Terrorist Killings in the United States
The critics are mistaken
www.alexnowrasteh.com
September 24, 2025 at 1:06 AM
Critics including Elon Musk have assailed my @cato.org colleague Alex Nowrasteh's study finding that most politically motivated terrorist killings in the U.S. since 1975 have been done by persons on the right. Alex responds to the critics here and explains his methods and classifications.
Reposted by Mike Fox
The Supreme Court’s ruling in Barnes v. Felix was counted as a major win for police accountability. By the time the Fifth Circuit was done with the case, though, the Barnes family’s hopes were dashed, writes my colleague @foxmike90.bsky.social
A Moat of Crocodiles: How Judicially Confected Doctrines Devoured a Supreme Court Victory
The Framers intended for juries—comprised of ordinary citizens—to adjudicate disputes between citizens and their government. However, thanks to judicially confected doctrines that lack a legitimate ba...
www.cato.org
September 20, 2025 at 3:40 AM
The Supreme Court’s ruling in Barnes v. Felix was counted as a major win for police accountability. By the time the Fifth Circuit was done with the case, though, the Barnes family’s hopes were dashed, writes my colleague @foxmike90.bsky.social
Reposted by Mike Fox
My tribute to my friend @rethinkintel.bsky.social
A Retired FBI Agent's Advice on Fighting Authoritarianism
Every governor, mayor, and county executive in this country should read Mike’s piece and use it as a blueprint for dealing with the Trump regime’s de facto attempts to commandeer state and local polic...
www.cato.org
September 19, 2025 at 6:50 PM
My tribute to my friend @rethinkintel.bsky.social
Reposted by Mike Fox
The Constitution protects both the right to keep and bear arms and the right to travel. Massachusetts nonetheless prosecutes out-of-staters who drive in MA with a gun in their trunk, even though they never used it in MA. Cato urges certiorari of Mass. top court ruling upholding that [Matt Cavedon]
Marquis v. Massachusetts Brief: Americans Have the Right to Travel Armed
Massachusetts forbids nonresidents from carrying a firearm for self-defense on pain of a felony conviction and a minimum of eighteen months in prison—even though the Constitution protects the right of...
www.cato.org
September 10, 2025 at 12:57 PM
The Constitution protects both the right to keep and bear arms and the right to travel. Massachusetts nonetheless prosecutes out-of-staters who drive in MA with a gun in their trunk, even though they never used it in MA. Cato urges certiorari of Mass. top court ruling upholding that [Matt Cavedon]
Reposted by Mike Fox
Supreme Court will hear our case challenging Trump's massive IEEPA tariffs, along with 2 related cases. I hope SCOTUS, like lower courts, will recognize President doesn't have monarchical power to impose taxes in form of tariffs! See link for details: reason.com/volokh/2025/...
Supreme Court Will Hear Our Case Challenging Trump's Tariffs - and Two Other Related Cases
NA Today, the Supreme Court decided to review V.O.S. Selections, Inc. v. Trump, our case challenging President Trump's "Liberation Day"…
reason.com
September 9, 2025 at 9:57 PM
Supreme Court will hear our case challenging Trump's massive IEEPA tariffs, along with 2 related cases. I hope SCOTUS, like lower courts, will recognize President doesn't have monarchical power to impose taxes in form of tariffs! See link for details: reason.com/volokh/2025/...
Reposted by Mike Fox
Fifth Circuit correctly rejects Trump admin's arguments for vast discretionary authority under the Alien Enemies Act. @ilyasomin.bsky.social says Judge Oldham's 130-page (!) dissent is a "herculean" effort that just goes to "underscore the radical and dangerous nature of the government’s position."
Fifth Circuit Rules Trump's Use of Alien Enemies Act Is Illegal
The 2–1 ruling is in line with most previous court decisions on Trump’s invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.
www.cato.org
September 9, 2025 at 2:39 PM
Fifth Circuit correctly rejects Trump admin's arguments for vast discretionary authority under the Alien Enemies Act. @ilyasomin.bsky.social says Judge Oldham's 130-page (!) dissent is a "herculean" effort that just goes to "underscore the radical and dangerous nature of the government’s position."
We cannot have a country where the rights of one person matter more than the rights of another, simply because they were born in a different country or are the descendants of someone who was.
www.cato.org/blog/freedom...
www.cato.org/blog/freedom...
Freedom for Me but Not for Thee
We cannot have a country where the rights of one person matter more than the rights of another, simply because they were born in a different country or are the descendants of someone who was.
www.cato.org
September 9, 2025 at 4:27 PM
We cannot have a country where the rights of one person matter more than the rights of another, simply because they were born in a different country or are the descendants of someone who was.
www.cato.org/blog/freedom...
www.cato.org/blog/freedom...
Reposted by Mike Fox
cc: @radleybalko.bsky.social @foxmike90.bsky.social @thebulwark.com @andycraig.bsky.social @aaronrosspowell.com @liberalcurrents.com @theunpopulist.net @walterolson.bsky.social @thereloadteam.bsky.social @gunownerfoundation.bsky.social @apnews.com @reuters.com @politico.com
My latest, on Trump's unconstitutional assault on the Second Amendment rights of transgendered people to defend themselves.
www.cato.org/blog/trump-g...
www.cato.org/blog/trump-g...
September 5, 2025 at 7:03 PM
Reposted by Mike Fox
The Sixth Amendment prescribes that "all" criminal prosecutions be tried by jury, yet the Supreme Court has chosen to make "petty offenses" an exception, even when they bring jail time, and even if stacked. Observe the results in Pirro's prosecution of the recent D.C. flag burning case.
September 4, 2025 at 8:29 PM
The Sixth Amendment prescribes that "all" criminal prosecutions be tried by jury, yet the Supreme Court has chosen to make "petty offenses" an exception, even when they bring jail time, and even if stacked. Observe the results in Pirro's prosecution of the recent D.C. flag burning case.
Reposted by Mike Fox
cc: @radleybalko.bsky.social @davidjbier.bsky.social @reason.com @thenation.com @motherjones.com @theintercept.com @huffpost.com @kenwhite.bsky.social @chrishudsonjr.bsky.social @foxmike90.bsky.social @jvl.bsky.social @thebulwark.com @propublica.org @texasobserver.org @texastribune.org @apnews.com
Not one word in this story about the blatantly serially unconstitutional conduct by regime elements. Pure disinfo/agitprop.
www.washingtontimes.com/news/2025/se...
www.washingtontimes.com/news/2025/se...
September 4, 2025 at 2:54 PM