You believe that you can't forcibly enter with an administrative warrant? Or would that be a violation of the Fourth Amendment? Well, our understanding is that you can enforce the immigration laws of the country under an administrative order if you have an administrative warrant. That's what we think. That's our understanding of the law. [00:00:16] That's our best faith attempt to understand the law. What the. Earlier this week, Ice agents broke into the home of a Minnesota family. [00:00:34] US citizen dragged him out into the freezing cold when he was wearing next to nothing. All he had on were shorts and Crocs. According to the man's family, no warrant was presented, nor did they request identification until he was detained. [00:00:49] And according to JD Vance and Ice, that's perfectly fine. We'll get into why they might say that and what the consequences here are. But at first. What are your $0.02? Yeah. Here in America, we get warrants and if you don't get a warrant, [00:01:04] it is illegal and unconstitutional. And if you notice, J.D. Vance sounded like he was hedging in that because later when he runs for president and everybody's irate over the warrants because we've got the polling to show you how much how unpopular this is, [00:01:20] he's going to say, well, I said I wasn't sure about the administrative warrants, so don't buy into that. Totally unconstitutional. Well, a memo that was newly resurfaced and leaked by whistleblowers shows why they think they can do that. [00:01:36] A U.S. Immigration and Customs Enforcement memo issued in May authorizes agents to enter the homes of those suspected of being in the U.S. Illegally with an administrative warrant, not a warrant signed by a judge in order to make immigration arrests, according to a whistleblower group which says it has shared [00:01:53] the secretive memo with Congress. The memo specifies Ice agents are allowed to forcibly enter a person's home using an administrative warrant if a judge has issued a final order of removal, but typically Ice agents are required to have a judicial warrant signed by a judge [00:02:10] to enter the residences of those those they suspect of being in the US illegally. However, the latest Ice guidance says they can instead rely on administrative warrants, which are usually authored by DHS officials or Ice agents themselves. [00:02:26] Typically, Ice arrests have been limited to public places because the administrative warrants, known as form I-205, have not been considered a warrant issued by a neutral and detached magistrate. The whistleblower group said in its complaint to Congress, [00:02:41] according to Ice acting Director Ted Lyons, who issued the memo. Although the US Department of Homeland Security has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of General Counsel has recently determined [00:02:59] that the US Constitution, the Immigration and Nationality Act and the Immigration regulations do not prohibit relying on administrative warrants for this purpose. Now this violates the Fourth Amendment and DHS own policy manual, according to the whistleblowers. [00:03:15] The memo says under general guidelines, that officers and agents using form one. Sorry, I 205 must knock and announce and that in announcing, officers and agents must state their identity and purpose. They also must give those inside time to comply with the order, [00:03:32] not enter the residence before 6 a.m. Or after 10 p.m., and should only use a necessary and reasonable amount of force to enter the home, despite being labeled as an all hands memo. The whistleblower group believes it was only shown to select DHS officials, [00:03:49] according to spokesperson Tricia McLaughlin. The officers issuing these administrative warrants also have found probable cause. For decades, the Supreme Court and Congress have recognized the propriety, the propriety of administrative warrants in cases of of immigration enforcement. [00:04:06] However, in their complaint, the whistleblower cited past Ice and DHS training material that said entering a residence with solely an administrative warrant could lead to violations of the Fourth Amendment constitutional protections. And it's not just the whistleblower saying that even Newsmax [00:04:22] is telling the administration to pump the brakes with this issue. Take a look. This is a direct and profound violation of the Fourth Amendment, which expressly says people are entitled to be secure in their homes and that security can only be invaded by a search warrant signed by a judge [00:04:41] based on probable cause of cause of crime. I don't know if this has happened yet, and we haven't seen the alleged Ice memorandum, the Wall Street Journal reporter saw it, but they took it back from her. They didn't even let her make notes from it. [00:04:56] So it apparently does exist. Whatever it is, it's a profound thumbing your nose at the Constitution, and I expect it would be prevented from being enforced by the first federal judge to look at it. But the thought that Ice wants to break down doors without a search warrant [00:05:14] is profoundly un-American, and has been un-American since the Bill of rights was ratified in 1791. Now we've got more on the man who was dragged out of his home. But first, Keith, I want to bring you in here. You and I were talking before the show about this story, [00:05:31] and I think what we're seeing is, like we talked about for this administration, they don't do anything by the book and they don't have any rigid guidelines. It's just what they say. That's the law now. So what do you make of how they're trying to justify this? And now you're seeing even places like Newsmax going, [00:05:47] whoa, whoa, whoa, I don't like this. Well, the Newsmax thing to me is a canary in the coal mine that this is not okay. I do. I find the videos to be shocking. They're shocking. It's very rare, I think, to have images that stun. [00:06:03] And those are stunning images to be to see in America, and I. I made this analogy yesterday. I'm not sure if it's okay, but I kind of feel like the difference between what happened in Nazi Germany and what's happening today is that Nazi Germany, it wasn't on video, but it seems like the same exact techniques [00:06:22] that we saw then being imposed now. And, the Trump administration's attacks on our rights and the Constitution is relentless. And I'm wondering, where are the fighters who's like, [00:06:40] I know we have protesters out there. Where are our elected officials? Where is Amy Klobuchar. - Running for. - Office? Where are they? She's running for office. But should she not be out in the street? I, I find myself stunned and at the same time more angry [00:06:58] than I could possibly imagine. And I am probably I'm pretty sure that this is going to have a huge electoral consequences, not against Republicans, but against those who are facing primaries. And I think, by the way, we should primary anyone and everyone who votes for this [00:07:16] or doesn't at least speak up against it. Yeah. So two points about what Keith said and then a couple points about what's happening here. So number one, seven Democrats voted to fund Ice. They should all be primaried. They should all be eliminated politically. Number two, do it the right way. That's that's how we do it here. [00:07:36] I believe in consequences. Political consequences. So number two, about fascism, Sandra Day O'Connor had the best quote, and she said it back when, when the Bush team started and Cheney started doing torture and warrantless wiretapping. She said they were like, oh, fascism. [00:07:52] I mean, like, it's not like they're putting people in gas chambers. And she said, we should avoid these beginnings so that we avoid those ends. Right. And so when I see them knocking down doors and not getting warrants and doing things in a deeply un-American way, I'm worried about. And now at this point, we're not at the beginnings. [00:08:08] We're kind of in the middle, right? So the Bush teams and Cheney and started all this and and here we are in the middle. So now but it is greatly encouraging to see Napolitano, who has been principled throughout, and I've been shocked by it, and I've been very happy about it. [00:08:23] Used to be on Fox News, not on Fox News anymore, partly because he has been principled and so protecting the Constitution there and saying things that are true. Glenn Greenwald, same thing. A lot of independent podcasters, Rogan, Dylan and others now, Andrew Schultz, all of them saying, what is this? We didn't ask for this. [00:08:40] Yeah, we asked for the criminals to be taken out. We asked for the border to be closed, but we didn't ask for mass thug armed men breaking into Americans homes without a warrant. That's crazy right? Because it is crazy. So to that point, you know, they said they were doing this to protect America. [00:08:59] Oh, we have an invasion coming in from immigrants. We got to protect America. So is this like one of those lines from, like, Vietnam? We had to destroy the village to save the village. So we had to destroy American ideas and principles in our Constitution in order to save America. That is deeply wrong and counterintuitive and and not true. [00:09:17] Right? So what I love about America is our ideas and principles in our Constitution. And I and and I heard that a lot from the right wing before. Now I'm encouraged to see people like Napolitano and even Tucker Carlson had a note of caution about it. [00:09:32] Right. So that's nice to see some principles on that side. But currently the right wing administration of Donald Trump, if you call it any kind of wing cuckoo wing, is probably more accurate. But anyways, they're violating the Constitution. They never meant it. And so when you see Don't Tread on Me, this is treading on you, brother. [00:09:49] This is exactly treading on you. Finally, to the point about the protesters and Klobuchar and them. They should be out there. Well, maybe we're a little bit better off without Klobuchar out there, but, But protesters. Look, I love what you're doing. [00:10:04] So, number one, don't get close to ice because of two reasons. One, I'm worried about you. They shoot people in the head, right? But number two is that don't give them an excuse to use violence. And because once you have any kind of violence, that's how they shut [00:10:19] down a movement, and that's how they get even more aggressive and take away more of your rights. On the other hand, I love that you're out there making noise, recording things, being in the general area. So the right wing often talks about like, we're going to protect America [00:10:34] with the Second Amendment. You know, there's government tyranny. We're going to grab our guns. I've never been in favor of that. Right. What are you going to do, shoot a cop? Shoot at the military? Shoot at ice? That's a terrible idea, right? But I love that the left wing and independents, and now even some on the right are protecting America with the First Amendment. [00:10:51] So get out there and get your voice heard, but don't go close to them, okay? And if you don't go close to them, they'll get super frustrated that they can't legally stop you. So I love every American out there fighting for this country. Yeah, well, let's turn our attention now back to 56 year old John Lithgow, [00:11:08] who also goes by Scott Thou, who was originally born in Laos and came to the US in 1974 at the age of four. He's been a naturalized citizen since 1991. On Sunday, Ice agents swarmed his home, broke down his door with guns drawn [00:11:26] and dragged him outside, where the temperature was 14 degrees. They provided no explanation for what they were doing, nor did they accept his ID when it was offered to him by offered to them by him and his daughter in law. According to Homeland Security, the officers were investigating [00:11:42] two convicted sex offenders from Laos who they said lived at that address. Thao refused to be fingerprinted or facially identified, so he was detained. He matched the description of the targets. As with any law enforcement agency, it is standard protocol to hold all [00:11:59] individuals in a house of operation for safety of the public and law enforcement. It was also reported earlier today that at least one of the suspects has been in prison for over a year. There is a large Hmong population in the Twin Cities after many fled Laos after [00:12:18] supporting the US during the Vietnam War. In a statement Monday, those families said the agency's account did not reflect their firsthand knowledge of the events or the living situation at the residence. The only individuals residing at the home are Mr. Thao, his adult son, his daughter [00:12:35] in law and his young grandson. The family does not know the individuals referenced in DHS statement. Mr. Thao did not resist and went with agents voluntarily. Despite the absence of an explanation for his detention at the time. So Jank, it sounds like they broke down this door, [00:12:53] saw someone who looked generally Laotian and thought, yeah, that's our guy. Yeah, so this one's really easy. If you think he's a convicted sex offender. Great. Get a warrant because you'll be able to get a warrant. No problem at all. [00:13:10] If you go to any judge in the country, say, hey, there's a sex offender out in the streets, and I got to go get him. They'll give you the warrant right away if you show any degree of evidence. By the way, if you went and did that process, what you would have found out is you got the wrong guy. And that's why we do warrants. Keith. [00:13:27] I just can't believe that they didn't just say sorry to this man. They couldn't even say sorry. That's that's to me, the thing that, like, you can't even say sorry for pulling you out of your house, basically naked eye that that that to me shows the morality of these folks. And by the way, in case you don't know, a naturalized citizen is 100% citizen. [00:13:47] There's no difference at all. There's no difference between a naturalized citizen and a natural born citizen. They have the same exact rights. So I don't know. Sometimes people don't realize that. So I've got to reiterate that. So that brother had every right in the world. And they definitely should have gotten a warrant and done it the American way, [00:14:04] in which case they would have found the right guy and actually gotten the bad guy instead of getting an innocent American. Every time you ring the bell below, an angel gets his wings. Totally not true, but it does keep you updated on our live shows.