By Charles C. W. Cooke
Tuesday, June 10, 2025
Once he could no longer pretend that all was well on the
streets of Los Angeles, Senator Adam Schiff of California put out a statement
about the riots that were being staged in his state.
“Violence is never the answer,” Schiff wrote. “Assaulting
law enforcement is never ok.”
This was welcome.
“Indeed,” he continued, “doing so plays directly into the
hands of those who seek to antagonize and weaponize the situation for their own
gain. Don’t let them succeed.”
This was not.
Sometimes, adding a caveat to a declarative message
serves to attenuate — or even to completely undermine — that message. This was
one of those times. As with statements of sympathy that begin with “I never
liked him, but,” the attachment of political motivations to a set of
supposedly categorical injunctions serves to wipe out any useful meaning and
reveal that the words were uttered under duress. The problem with violence is violence.
The problem with assaulting law enforcement is assaulting law enforcement.
The problem is not that one’s political opponents might benefit from one’s
sins. Adam Schiff is a United States senator. He ought to be capable of
summarizing the country’s fundamental social compact without appending
conditional terms.
Alas, neither he, nor the leading figures within his
state’s government, nor the mayor of Los Angeles, nor the mainstream American
press seem to possess that elementary skill. Since the “unrest” began, they
have all been on a mission to confuse the key concepts in the story. Thus have
“illegal immigrants” become “immigrants” — as if those two groups have
identical relationships with the federal government. Thus have “riots” become
“protests” — as if the existence of those who are not committing crimes erases
the actions of those who are. Thus has the enforcement of federal law been
treated as if it were the prerogative of the states. Chronology, too, has taken
a real beating. On CNN yesterday, L.A.’s mayor, Karen Bass, proposed that “if
you dial back time and go to Friday, if immigration raids had not happened
here, we would not have the disorder that went on last night.” Which is true —
but is less a defense of the rioters than a blunt description of their
misdeeds.
This sophistry notwithstanding, there is nothing
especially nuanced about what is happening in Los Angeles. One is not allowed
to be an illegal immigrant under our laws, and if one becomes one nevertheless,
one is liable to be deported. One is not allowed to riot, and if one does so
anyway, one is liable to be arrested, charged, and prosecuted for one’s
transgressions. And, as has now been definitively established on a handful of pretty famous occasions, one is not allowed to prevent the enforcement of
federal law. It is true, no doubt, that many people in California do not like
America’s immigration laws. It is also entirely irrelevant. There are many
federal laws that the residents of Florida, Texas, and Wyoming dislike, too,
but those residents are not permitted to impede them simply because a president
of the opposing party has elected to execute them with vigor. Immigration is a
federal concern. Under Printz v. United States, California is not
required to aid Washington, D.C., in its administration of that concern,
but it may not impede it, either. Mayor Bass is correct when she suggests that
the rioters started rioting because the federal government started enforcing
federal law, but she is wrong to imply that this complicates the responsibility
for those riots. Rioting is illegal. Why a person is doing it is of no
consequence whatsoever.
Aware, perhaps, that the facts are arrayed against them,
many of the apologists for the riots have moved beyond the immediate debate and
begun to insinuate that the whole affair has been contrived by the Trump
administration as a pretext for the establishment of a dictatorship. Aside from
being silly — clearly, what President Trump actually wants to do in this
instance is to deport the illegal immigrants that federal agents were sent to
California to find — this suffers from the same sequential problems as Mayor
Bass’s half-witted lament. Intrinsic to the notion is the idea that, by responding
to attacks on federal officials, the federal government is provoking attacks
on federal officials. But this, quite obviously, is backwards. The California
state guard has been called up for “the protection and safety of Federal
personnel and property,” not for its own sake, but because the “safety of
Federal personnel and property” was at risk. It is true that, as some legal
scholars have preemptively observed, there would be some legitimate questions
about the propriety of Trump’s using the 1807 Insurrection Act in these
circumstances. But, as of yet, Trump has not used the 1807 Insurrection Act.
Instead, he has used the powers inherent in Article II “to use troops for the
protection of federal property and federal functions,” and the authority
granted in 10 U.S.C. 12406 to mobilize the
National Guard. Why? Because there are rioters in California attacking federal
property and federal functions, and, as the head of the executive branch, he
cannot stand for that.
So much of our contemporary politics involves our public
figures pretending aloud that straightforward questions about the Constitution
or the law or the structure of our government are, in fact, exquisitely
convoluted. Most of the time, they are no such thing — and, in this case, the
answers are so bloody obvious that only the worst strain of flunkies could miss
them. There is one way — and only one way — to deescalate this
situation, and that is for the people who are staging illegal riots to stop.
No comments:
Post a Comment