Politics
/
January 9, 2026
On this week’s Elie v. US, The Nation’s justice correspondent makes the case to eliminate ICE, explores George Conway’s congressional marketing campaign—and shares his New 12 months’s decision.
Edit
Advert Coverage
Demonstrators in Minneapolis protest the homicide of Renée Good.
(Victor J. Blue / Bloomberg through Getty Pictures)
This can be a preview of Nation Justice Correspondent Elie Mystal’s new weekly e-newsletter. Click on right here to obtain this text in your inbox every Friday.
Each authoritarian regime all through historical past has employed a roving band of armed thugs who function exterior the regulation to implement its strongman’s will. Caesar had his Praetorian Guard, Francios Duvalier had his Tonton Macoutes, Hitler had his Gestapo.
Donald Trump has ICE. ICE is functionally a paramilitary group, armed and empowered to harass residents, brutalize opposition, and homicide individuals who get of their approach. Like all paramilitary equipment, its chief purpose is to strike worry within the inhabitants. It does this not solely via feats of violence, false imprisonment, and kidnapping but in addition by repeatedly exhibiting us it might’t be held accountable for its actions. ICE brokers can seemingly do something they need, and nobody is allowed to cease them: They realize it, they usually need us to realize it.
After we have a look at the historic report, the horrifying actuality of those thug paramilitaries is that they don’t naturally soften away when the strongman is lastly deposed. They keep on. They align themselves with the subsequent strongman, or the strongman who needs to overthrow the republican authorities that deposed the earlier strongman. The following man in workplace tends to need to preserve them round anyway, as a result of having a terrorist equipment in a position to function exterior the regulation is one thing that leaders of countries persistently discover helpful.
These paramilitaries may be dismantled, however solely when the folks demand it, over and over, and refuse to help any politicians or regimes who would preserve them in place. ICE may be stopped, however we don’t elect folks to energy who really need to cease ICE; we have a tendency as a substitute to elect individuals who need to “fund” ICE, management it, and use it for their very own functions. And that’s the reason we fail.
ICE have to be abolished, root and stem, by the subsequent Democratic administration. As a stopgap, it have to be defunded by the present assortment of Democrats, ought to the celebration take energy within the upcoming election. ICE is the one true litmus check for an incoming post-Trump administration. The Democrats will seemingly not be inclined to do that. Once more, paramilitary thugs have their makes use of to leaders the world over, and Democrats are historically afraid of trying “weak” on immigration or really dismantling the instruments of the enemy. Democrats, in the event that they’re going to do that, have to be pressured to do that, by the folks whose help they search.
Present Challenge

I’ve favored to consider myself as a single-issue voter, with that challenge being Supreme Court docket growth. However now not. Abolish ICE, or GTFO of my main.
The Unhealthy and the Ugly
The arraignment of kidnapped Venezuelan president Nicolas Maduro was one of the vital pathetic days I’ve witnessed in a US courtroom—and I don’t even communicate Spanish, so I couldn’t absolutely respect how illegal the entire continuing was. Cristian Farias does communicate Spanish.
Emboldened by the invasion of Venezuela, chief Trump ghoul Stephen Miller has set his sights on Greenland. In case you positioned a guess in 1949 that Greenland can be the problem that broke NATO, you’d be about to have more cash than Elon Musk.
Secretary of Battle Crimes Pete Hegseth is attempting to demote former Navy captain and astronaut—and present senator—Mark Kelly as a result of Kelly retains telling members of the army to not commit battle crimes.
Choose Hannah Dugan, who was convicted in December of obstructing an ICE arrest in her courthouse, resigned her place. She is a hero. The conviction makes her extra of a hero, in my eyes.
Most years, I write an article about Chief Justice John Roberts’s year-end report on the judiciary. The report is often substanceless however nonetheless an fascinating perception into the place Roberts’s thoughts is at. This 12 months, it’s very clear that his thoughts is buried deep within the sand. He’s primarily Kevin Bacon on the finish of Animal Home shouting “All is nicely” as chaos breaks out round him.
Impressed Takes
Harvard has gotten a whole lot of good press for standing as much as Trump. However that shouldn’t obscure the truth that it has completely did not defend the tutorial freedom of those that oppose the genocide in Gaza. Gregg Gonsalves explains the college’s newest capitulation in The Nation.
Every time folks laud somebody’s “work ethic,” I form of reflexively flip up my nostril. I’ve by no means actually been in a position to clarify why I’ve such disdain for the phrase, and have suspected it’s simply because I’m lazy—however no! In The Nation, Nick Juravich explains the “bleak historical past of the American work ethic.” My slothfulness is now a thought of determination. 🙂
One in all this nation’s actually indispensable journalists, Radley Balko, interviewed fired immigration decide George Pappas. Pappas mentioned “the regulation has failed us,” and “the courts are lifeless.”
Worst Argument of the Week
Advert Coverage
In style
“swipe left under to view extra authors”Swipe →
I’m not going to trouble to let you know, as some little question will, that George Conway isn’t a “actual” Democrat. Certain, Conway is a lifelong Republican and primarily a founding member of the Federalist Society. Certain, he switched events and moved from Bethesda, Maryland, to run within the Democratic main to interchange Jerry Nadler in New York’s twelfth Congressional District, however… no matter.
What even is a “actual” Democrat today? A celebration that persistently embraces wannabe Republicans like Joe Manchin and Elissa Slotkin, that repeatedly will get bumfuzzled by straight-up liars like Kyrsten Sinema and John Fettermen, and that operates underneath the feckless and borderline complicit management of Charles Schumer and Hakeem Jeffries can hardly stand on mental or political purity. Conway is as a lot a “Democrat” as most of them today. He’s a man who’d reasonably make strongly worded tv appearances than take radical motion. He needs to reassemble the establishments Trump has smashed as a substitute of smashing the establishments that make Trump doable. He needs to go backward, to a time earlier than Trump, as a substitute of boldly going ahead. Oh, he’s a Democrat all proper.
And never simply any Democrat. Conway represents the very worst of what right this moment’s Democrats have to supply. His signature challenge is “not Trump.” His fame is predicated on being a Republican who was towards Trump whereas married to a Republican working for Trump. His positions can be banal if not for the household melodrama and the truth that so few Republicans had the essential human decency to face as much as the cretin taking on their celebration. He exists as a tv persona as a result of TV executives are determined for Republicans who can preserve a veneer of respectability—or, at the least, they have been earlier than they gave up and put Bari Weiss in cost.
Democrats who provide nothing past “Orange Man unhealthy” are the lowest-common-denominator politicians today. Conway takes the calculation to its irreducible conclusion. All people is aware of he stands towards Trump, however do folks know what he stands for?
I do. Conway is mainly one of many founding members of the Federalist Society. He first joined certainly one of their boards in 1984. He’s not Leonard Leo, however he’s labored intently with the Republican judicial Svengali over the a long time. There may be not a single Republican on the bench that Conway has objected to: not the sexual predator Clarence Thomas or alleged tried rapist Brett Kavanaugh, not the anti-abortion stalwarts John Roberts and Sam Alito, not the stolen-seat installations Neil Gorsuch or Amy Coney Barrett. Conway was there for all of them, and a lot of the Republican judges appointed to the decrease courts too.
Conway’s now not an energetic member of the Federalist Society (although I don’t know if he nonetheless goes to their events and fundraising dinners; it’s not like I’m invited over to see). His 2018 FedSoc splinter group “Checks and Balances” apparently went nowhere. However regardless of this obvious break, Conway is a kind of “By no means Trumpers”—like Nicole Wallace or your complete workers of The Bulwark—who preserve their criticisms centered extra on Trump than on the Trump-loving Supreme Court docket they helped create. Whereas he not too long ago mentioned that the Supreme Court docket has change into “intoxicated with its energy,” Conway is, for my cash, among the many folks operating for workplace who may be trusted least to remove energy from a courtroom he spent a lifetime serving to to create.
Conway is nice on TV. He ought to keep there. Being flawed about the whole lot on your complete life till yesterday is an efficient credential for tv. It’s a horrible credential for management. I’ve no drawback accepting Conway as a Democrat, however I’ve an enormous drawback accepting that Conway is one of the best Democrats can provide.
What I Wrote
First I wrote in regards to the abduction of Nicolas Maduro, as I used to be fairly positive that the kidnapping of a international chief at gunpoint was essentially the most flagrantly unlawful factor the Trump administration would do that week.
However then I witnessed ICE execute a lady in her automobile, as she tried to drive away, so I wrote about that as nicely.
In Information Unrelated to the Present Chaos
Over the vacation break, I rewatched all the Lord of the Rings films. I used to be struck, as soon as once more, by one of the vital well-known scenes within the three movies—the one the place Frodo says, “I want none of this had ever occurred,” and Gandalf responds, “So do all who reside to see such occasions. However it’s not for them to resolve. All now we have to resolve is what to do with the time given to us.”
I often discover this scene empowering. This time I discovered it to be filled with shit. As I ponder what to do with the terrible time given to me, my intrusive ideas have a tendency towards, “How greatest to die whereas combating this regime?” However the actuality is that the majority of us is not going to have a alternative on how or when the Trump regime will martyr us.
Renee Good didn’t get up one morning and resolve she was able to die opposing Trump. She simply reacted as an honest individual would when the unhealthy folks got here to do unhealthy issues in her neighborhood.
On this most up-to-date Lord of the Rings rewatching, I recognized most with Meriadoc Brandybuck (one of many three hobbits who be a part of Frodo on his quest). Merry didn’t set out like Gandalf to arrange regime change. He wasn’t charged like Frodo to destroy the evil energy. He simply… tried to assist his associates, and understood that if he didn’t attempt, his complete neighborhood can be destroyed. When Merry is on the Entmoot (the assembly of highly effective however lengthy dormant tree-creatures), actually screaming on the bushes to do one thing, I felt like he was me speaking to Democrats in Washington.
“I’m a hobbit, and I do know I can’t save Center-Earth. I simply need to assist my associates” seems to be my New 12 months’s decision.
***
In case you loved this installment of Elie v. U.S., click on right here to obtain the e-newsletter in your inbox every Friday.


