In a significant victory for the Trump Administration, a panel of the United States Court of Appeals for the Eighth Circuit lifted the injunction of U.S. District Judge Katherin Menendez, who prevented officers from arresting, detaining, pepper-spraying or retaliating against protesters in Minneapolis without probable cause.
In her Jan. 16 decision, Judge Menendez (a Biden appointee and former public defender) ruled in favor of the protesters suing the Department of Homeland Security (DHS) and ICE. She found the plaintiffs were likely to succeed on claims that federal agents violated their First and Fourth Amendment rights.
The Eighth Circuit first flagged how Menendez ignored the fact that the record shows a wide range of conduct raising different conditions for law enforcement:
“We accessed and viewed the same videos the district court did. … What they show is observers and protestors engaging in a wide range of conduct, some of it peaceful but much of it not. They also show federal agents responding in various ways. Even the named plaintiffs’ claims involve different conduct, by different officers, at different times, in different places, in response to different behavior. These differences mean that there are no “questions of law or fact common to the class,” Fed. R. Civ. P. 23(a)(2), that would allow the court to decide all their claims in “one stroke.”
The panel also found Judge Menendez’s order unacceptably vague:
“Second, in addition to being too broad, the injunction is too vague.
…Even the provision that singles out the use of “pepper-spray or similar nonlethal munitions and crowd dispersal tools” requires federal agents to predict what the district court would consider “peaceful and unobstructive protest activity.” The videos underscore how difficult it would be for them to decide who has crossed the line: they show a fast-changing mix of peaceful and obstructive conduct, with many protestors getting in officers’ faces and blocking their vehicles as they conduct their activities, only for some of them to then rejoin the crowd and intermix with others who were merely recording and observing the scene.”
The panel found that Judge Menendez’s order left federal authorities in a dangerous position of not knowing when they could use these crowd control measures: “to the extent the injunction’s breadth and vagueness cause federal agents to hesitate in performing their lawful duties, it threatens to irreparably harm the government and undermine the public interest.”
Notably, Judge Menendez is the same judge reviewing an even more sweeping motion for an injunction to enjoin ICE operations, a filing from Minnesota Attorney General Keith Ellison that I have criticized as constitutionally meritless.
Here is the opinion: Tincher v. Noem
In the absence of crowd control in support of ICE operations by state and local law enforcement in Minneapolis, it would seem that District Judge Katherine Menendez’s injunction had really put the federal law enforcement agencies in a difficult spot. It is good that the circuit court corrected that but now it will interesting to see if Judge Katherine Menendez applies some of this correction towards the enjoining of ICE operations in Minneapolis.
OK, for all you scholars out there,
Did Michael Byrd murder an unarmed Ashli Babbitt?
Perhaps this is the wrong topic/article to submit that question @Anon 4:14. However, yes, the unarmed Ashli Babbitt was surrounded by law enforcement officers when she attempted to breach a barricaded door leading to the Speaker’s Lobby during the January 6 Capitol attack.
AND even if based on current insurrection encouragement by the Governor, Mayor, AG, . . ., we can expect Michael Byrd to receive a Presidential Medal of Freedom from the next Democrat/Oligarch/Tyrant to remediate the issue missed by the Autopen(sarcasm, but probably true), The reality is that her family has achieved a settlement relative to that incident:
US reaches agreement to settle lawsuit brought over Ashli Babbitt’s shooting during Capitol riot
https://apnews.com/article/ashli-babbitt-wrongful-death-settlement-capitol-riot-9f2e60f9dce01237a1e78271cff82f6a
Why am I not surprised that Turley can’t even support a court saying “Follow civil rights law.”
It’s amazing how much of your life gets thrown away, but you don’t realize it until you’re older.
Minnesota is a waste for a lot of peoples lives. Not just Minnesotans but the U.S. as well.
Time is irreplaceable.
The highest number of deaths from police shootings occurred during the Biden years (2021-2024), with a precipitous rise to more than 1,300 in 2023 and 2024, now averaging roughly 1100 per annum. https://www.statista.com/statistics/1362796/number-people-killed-police-us/ Approximately 5-6% of them are classified as police firearm homicides/mistakes/excessive force.
The other cases have been or will be adjudged by claims, suits, and settlements.
The cases of Good and Pretti are being adjudged by the media.
Biden has no control over local police killings. All he could do was have the DoJ investigate under their Civil Rights Branch. Trump killed all those investigations, settlements, and judgments.
16 Shootings Declared ‘Justified’..
BEFORE Investigation
Department of Homeland Security officers have fired shots during enforcement arrests or at people protesting their operations 16 times since July, and as in the recent shootings in Minneapolis, in each case the Trump administration has publicly declared their actions justified before waiting for investigations to be completed.
The shootings have sparked alarm not only for their violence but also for the Trump administration’s response. Lawyers say officials have been quick to pursue felony charges against those fired at — though in four of 10 cases, prosecutors have either dropped charges or a judge has dismissed them after evidence emerged contradicting the government’s narrative of events.
https://www.washingtonpost.com/immigration/2026/01/27/ice-border-patrol-shootings-immigration-trump/
Yeah, Anon 26/06/2026 1:40PM. The whole world knows what THIS means: “before waiting for investigations to be completed”
“The Manhattan District Attorney’s office quietly dropped their charges against a woman who punched a pro-life activist in the face on camera after botching the case.
The office, led by DA Alvin Bragg, dropped the case against pro-abortion advocate Brianna J. Rivers, 30 in July after she attacked Savannah Craven Antao, 23, in April.
According to The New York Post, the case was dismissed after Bragg’s office failed to turn over evidence to the defense team on time. ”
If you own the judicial system, you own America. Heck, Either a SCOTUS Associate Justice doxed her “conservative” fellow justices resulting in an assassination attempt on Kavanaugh or her staff did, probably with her encouragement.
https://www.dailymail.co.uk/news/article-15140549/charges-dropped-woman-pro-life-activist-punched-video.html
https://a57.foxnews.com/static.foxnews.com/foxnews.com/content/uploads/2025/09/1862/1046/savannah-craven-violent-liberal-attacks.png
History Repeats: I’ve seen that video many times and loved it. Craven was looking to get punched and that’s why she went to Harlem looking for a tough woman to punch her. Somehow Craven figured that such a scene would launch her as the next Candace Owens.
“Patriotism is the virtue of the vicious” – Oscar Wilde
Oscar Wilde’s famous aphorism, “Patriotism is the virtue of the vicious” suggests that narrow-minded nationalism is often used to justify harmful, immoral, or selfish actions (the “vicious”) while appearing honorable (a “virtue”). It implies that such “patriotism” acts as a disguise for unethical behavior, similar to Samuel Johnson’s sentiment that it is the “last refuge of a scoundrel”.
Key Interpretations of the Quote:
A Mask for Misdeeds: The phrase suggests that people often use patriotism to excuse or promote abusive, unjust, or aggressive behaviors under the guise of loyalty to their country.
Political Manipulation: It implies that leaders may exploit patriotism to rally support for selfish or harmful agendas, painting those with “vicious” intentions as virtuous patriots.
Distinction from Nationalism: While patriotism is sometimes seen as love for one’s own people, this quote highlights a dark, almost nationalist side that breeds negativity toward others, making it a “virtue” only for those who are vicious.
Context: It is considered a satirical, critical remark, often applied in modern contexts to political, racial, or national conflicts where flag-waving masks wrongdoing.
Are you referring to Biden and Democrats virtuously and repeatedly warning about “threats to our democracy?”
Is/was that “Patriotism,” “Nationalism” or “Political Manipulation?”
No- it refers to the duality of both sides of this Minnesota debacle.
Both sides are pointing the finger at each other with Patriotism.
Both are: The pot calling the kettle black
https://en.wikipedia.org/wiki/The_pot_calling_the_kettle_black
Fair enough. There are definitely extremes on both sides. And there is patriotism/nationalism on both sides. But I do not cede the conclusion that Biden et al used it for political rather than patriotic benefit.
Perhaps it would be appropriate to add thoughts from another member Samuel Johnson’s “The Club” (AKA “Literary Club”, “Friday Club”) one of whom’s members was also Edgar Gibbons who was STRONGLY influential in the construction of the US Constitution with his famous historical volumes.
In the following context, it is difficult to understand how the encouragement of so-called “peaceful” aggression of the Brown Shirts by the Governor and Mayor of a conflicted environment had any hope of NOT promoting violence as outlined in Burke’s writings:
Edmund Burke argued against using force for several reasons:
1. It often leads to unintended consequences
2. It can escalate conflicts rather than resolve them
3. It undermines the legitimacy of authority, and
4. It fails to address the root causes of discontent.
Edward Gibbons. Autocorrect can really blow.
Gibbon (or Gibbon’s)
Thou Shalt Not Covet
Thou Shalt Not Bear False Witness
Thous Shalt Not Steal
_________________________
Thou shalt not covet the success of another country and its citizens.
Thou shalt not lie about your “fake” asylum claim.
Thou shalt not steal other people’s countries.
__________________________________________________
I’m an American. My ancestors first arrived here in 1607. I want my country invaded, conquered, and taken over by people who are not Americans, people who were denied admission to obtain citizenship, and various and sundry other foreigners and illegal aliens, past and present. I want foreigners and illegal aliens to vote in my country. I want to give all my money and private property to parasitic foreign invaders as “free stuff,” “free status,” welfare, affirmative action, and governmental taxpayer charity. I want to give my country away. Those are my deepest longings and greatest desires as an unhyphenated and patriotic, actual American.
The continued mulishness behavior of the Mob has caused injury and death, seeing that they can usurp law and order with impunity has caused increased violent acts against person(s) and property and false tears when a Mob member is harmed. What the end goal is, who knows, just rebellion to be rebellious I guess.
Sigmund Freud: (Civilization and its Discontents)
“We are made, that we can only derive intense enjoyment from a contrast, and only very little from a state of things.”
Time to ban US law enforcement from Israeli training. Israeli methods are inappropriate for the US. Treat everyone like a terrorist, escalate, brutal control. Great for an actual war zone, bad effin news for all concerned here.
@OldFish: Are you blaming “Israeli methods” for actions taken by U.S. courts under U.S. constitutional law? Which specific “Israeli methods” are you claiming were applied here? You might think that passes for analysis, but it fails the smell test and collapses into narrow-minded superstition.
Why is Israel the only country you can point to when American institutions reach outcomes you don’t like? Especially when Israeli security doctrine is explicitly focused on threat discrimination and minimizing civilian casualties. Are you pointing at it because you don’t understand how American law enforcement and American courts actually function?
U.S. District Judge Katherin Menendez et al. must be impeached and convicted for corruption as egregious, biased, and political acts counter to objective and impartial justice.
OT
Alex Pretti’s rib broken in previous encounter with federal agents: report
“The earlier incident started when he stopped his car after observing ICE agents chasing what he described as a family on foot, and began shouting and blowing his whistle, according to a source who asked not to be named out of fear of retribution,” CNN reported on Tuesday.
– CBS
As usual, Turley, as a paid MAGA pundit, exaggerates the import of the Order–which was only a STAY PENDING APPEAL. A stay pending appeal means that the District Court Judge’s order will not be enforced until it finally adjudicated. It is NOT a final ruling, nor even a “significant victory” as Turley mischaracterizes it–the case is still open and the issues are still alive. But, since the tide is strongly turning against Trump and ICE following the murder of Alex Pretti, the MAGA faithful need daily affirmation, so Turley delivers. How sad that Turley chooses to side with cowardly murderous thugs. How sad that Turley doesn’t comment about bottle Blondie trying to leverage access to Minnesota voter rolls, Medicaid and food assistance records and MN doing away with “sanctuary city” policies in exchange for ICE refraining from murdering even more Minnesotans. Why does Trump want these records? To try to gin up a fake case of “widespread voter fraud” and to intimidate people likely to vote against him–which, if the election were held today, would be most of us. A Court in Oregon just ruled that the Trump Gestapo administration is NOT entitled to state voter rolls. Turley didn’t comment about that, either.
I won’t be holding my breadth for tomorrow’s piece on the potential for ICE Director Todd Lyons to be held in contempt of court for repeatedly violating court orders.
https://www.nbcnews.com/politics/trump-administration/judge-threatens-hold-acting-ice-director-contempt-flouting-court-order-rcna256107
I wonder why magats think an activated Insurrection Act will let them party in the street KKK style like they want???
Ano
Street KKK style like they want?
You mean the dem-o-rat party who created, funded the KKK.
You failed history I see
Wait, I thought you said MAGA were Nazis and Trump was Hitler, now you’re alluding that they are the KKK, does that make Trump Senator Byrd(D)? Aren’t Democrats the Party of the KKK? You’re spinning yarn more than Rip Van Winkle.. slow down we’re elderly people here. Oh you kids!
Hete’s the multi state RICO private prison kickback run by trump w/ DHS/ICE/CBP backup:
Trump provides ‘prisoners’ for private incarceration camps >> in turn he pockets bribes from those private companies >> his administration uses the full weight of DHS to provide prisoners >> trump orders DHS to employ extrajudicial killings to enforce the operation.
This is prosecutable in every state, but as we know, trump is really leaning on blue states even though illegal immigration is greatest in florida and Texas.
This scheme is completely obvious and needs congressional oversight to expose the details. Hence there is an election fixing arm of this scheme…it’s why Bondi is trying to strong arm voter role data from Minnesota.
“This scheme is completely obvious”
sure. sure it is. everythings ok. everythings going to be ok.
Now go with these nice men in white coats.
Thorazine shuffle
Government Mule
Because they are allowing folks to vote with zero proof of who they are
Her decision was so absurd, everybody with a brain would know it would/should be overturned.
To Review:
Standing/marching “peacefully and patriotically” on public property (as President Donald Trump urged his supporters to do during his speech at the Ellipse in Washington, D.C., on January 6, 2021) while NOT blocking traffic, and NOT attacking/interfering with ANY LEOs is First Amendment sanctioned.
What these armed domestic terrorists are doing in MN is NOT First Amendment sanctioned.
Sad to see so many poorly-educated (by teachers unions and Communist college professors) who don’t understand the Constitution/Bill of Rights these days.
Thankfully, all the polls are showing the public is strongly against what these domestic terrorists and their Democrat politician leaders (who are trying to distract from their $18 B theft of tax dollars they laundered via fake Somali businesses) are doing.
Oddly enough, the only polls one typically finds via an internet search support the “protestors.”
This is starting to fizzle out anyway. Sudden spotlight on the insurrection-funders will dry this up very quickly. Time to make book on the next Leftist hysteria du jour.
Yeah no right to redress
Protesters as illegal
“Yeah no right to redress…Protesters as illegal”
What does this even mean?
See, the thing is, Noem has the power to stress point march any of principles in trump’s private prison kickback scheme into Cecot…
And they know it.
Proof? Sure don’t see any