jpatrickhanley.bsky.social
@jpatrickhanley.bsky.social
So this chilling effect is not just theoretical, it will have real impacts on people’s rights, by slowing down and already overtaxed judicial system.
April 29, 2025 at 10:17 PM
Recall that the White House has argued that it “cannot possibly” provide trials for all the people it wants to deport, as if “Due Process is HARD” is a sufficient excuse. (It isn’t.)
April 29, 2025 at 10:17 PM
So, it becomes much clearer that this EO will be used to attempt to circumvent normal Due Process for people in the country by threatening the Judiciary with prosecution if they attempt to, you know, do their duly assigned job under the constitution.
April 29, 2025 at 10:17 PM
6) Use of Homeland Security Task Forces
On the surface, this seems like boilerplate, but recall that these task forces were created in the context of declaring Tren de Aragua and MS-13 terrorist organizations.
April 29, 2025 at 10:17 PM
But they also tie this to anything that might hamper law enforcement or endanger citizens.
Remember the whole “the LA fires were the ‘result’ of DEI” hogwash? It’s baaaaaack. But now, they’re threatening to prosecute local officials.
April 29, 2025 at 10:17 PM
This is where the EO includes the subsection about DEI, again attempting to create some kind of record for this new legal theory that they’re peddling that DEI is actually a civil rights violation.
April 29, 2025 at 10:17 PM
This is intended to have a chilling effect on anyone who might question whatever law enforcement wants to do or how they are doing it. That’s bad.
April 29, 2025 at 10:17 PM
That was the attempt to “make an example,” and this is the warning to any other state and local officials that if they do anything similar, the federal government will come after them.
April 29, 2025 at 10:17 PM
5) Holding State and Local Officials Accountable
This is the Judge Hannah Dugan section. Remember how she was arrested for obstructing law enforcement proceedings?
April 29, 2025 at 10:17 PM
If you militarize a local police force and tell them how to do their policing, then you don’t have to deploy the US military (so you’re not violating the Posse Comitatus Act). We’ve seen decades of police militarization in the US, and this aims to ramp that process up
That is and has been concerning
April 29, 2025 at 10:17 PM
4) Using National Security Assets for Law and Order
This is probably the most worrying section to most people, because this starts to sound a lot like Martial Law without declaring Martial Law.
April 29, 2025 at 10:17 PM
This is important, because the federal government often intervenes in issues related to civil rights. So if someone was, say, complaining that their Due Process had been violated, the federal government might step in. Not anymore.
April 29, 2025 at 10:17 PM
Unless Martial Law is declared.
This doesn’t declare Martial Law. So why is everyone up in arms?

This section doesn’t declare Martial Law, but it does direct the Attorney General (the nation’s top lawyer) to review ongoing issues related to law enforcement AND to take a hands-off approach.
April 29, 2025 at 10:17 PM
Now you’ve likely heard a bunch of people who got their law degrees out of Cracker Jack boxes try to explain that undocumented immigrants aren’t afforded Due Process.
They’re wrong. Every person (not every citizen, not every legal resident; every person) in the US is entitled to Due Process. Period
April 29, 2025 at 10:17 PM
they have to do at least two very basic things:
- They have to tell you.
- They have to give you an opportunity to tell your side of the story.

Martial Law interrupts those rights.
April 29, 2025 at 10:17 PM
Due Process is a guarantee of the US Constitution. It comes from several different parts of the constitution, in fact, and it essentially says that if the government wants to infringe on your rights (your many, various, not-particularly-clearly-defined-but-understood-to-be-very-broad rights),
April 29, 2025 at 10:17 PM
Well, our discussions lately concerning this immigration enforcement have revolved around the concept of “due process.” And to understand Martial Law, you need to understand that.
April 29, 2025 at 10:17 PM
Well, Martial Law is a pretty specific thing. And Congress has specifically passed a law (it’s called the Posse Comitatus Act) to prevent the US military from involving itself in domestic law enforcement without authorization. But what does it really mean?
April 29, 2025 at 10:17 PM
Because, while the Federal government does have *some* law enforcement duties, the vast majority of them are conducted by states and municipalities. And those bodies have a lot of flexibility in how they operate.
So… where’s the Martial Law?
April 29, 2025 at 10:17 PM
The US Constitution (you know, That Bitch?) reserves the policing power to the states. So that’s why all of this is couched in terms of “creating best practices” and “providing support.”
April 29, 2025 at 10:17 PM
So maybe providing additional funding for this, and training, wouldn’t be so bad?
Not so fast.
First off, we need to understand where State/Local and Federal law enforcement intersects and where it doesn’t.
April 29, 2025 at 10:17 PM
3) Empowering State and Local Law Enforcement
Here’s where things start to get trickier. Some of this, at first, doesn’t even look so bad. In places like where I live, the prisons and jails are so desperately underfunded they keep literally killing inmates with their inadequate custody.
April 29, 2025 at 10:17 PM
I think a lot of people looked at that issue and were like “I think it’s bad, but I don’t know why…”
This is why. Those pro bono hours are going to go to defending the Derek Chauvin’s of this world.
April 29, 2025 at 10:17 PM
2) Legal Defense of Law Enforcement
This is where this EO intersects with some other headlines we’ve been seeing lately. Remember how the White House extorted a bunch of big law firms into agreeing to provide pro bono hours?
April 29, 2025 at 10:17 PM
In the law enforcement context, this means programs that have attempted to understand disparities in policing, disparities in sentencing, and community-based policing programs that attempt to rectify some of these disparities.
April 29, 2025 at 10:17 PM