Plenary Popehat Power
@kenwhite.bsky.social
360K followers 790 following 22K posts
Ken White, criminal defense attorney and First Amendment litigator. Co-host of Serious Trouble podcast and writer at The Popehat Report. Opinions here are my own. Signal: KenWhite.1969
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courtneyvaughn.bsky.social
Streets are still closed off in front of the Portland ICE facility at 8:30pm. Protesters have gathered on a side street. Dance party in progress.
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nytimes.com
In @nytopinion.nytimes.com

“Can presidents unleash the armed forces on their own people based on facts that they contrive?” Stephen Vladeck asks in a guest essay. “The text of the relevant statutes doesn’t answer that question. But our constitutional ideals, to say nothing of common sense, should.”
Opinion | No, Trump Can’t Order Troops to Wherever He Wants
The president’s claims about cities don’t hold up.
nyti.ms
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mskellymhayes.bsky.social
For folks who are worried about the reverend: he's okay. He was cared for by folks on site.
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flglchicago.bsky.social
Sorry, took a while to look up original poster, she deserves the credit for the video
mskellymhayes.bsky.social
CW: protester being struck in the head by a pepper ball

Footage I took earlier of the moment Reverend David Black, a regular protester outside of the Broadview Detention Center, was shot in the head with a pepper ball by ICE agents on the roof of the facility.
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madepn.bsky.social
here is my first rendering of the bread scale of triviality (any suggestions welcome; I love thinking about bread)
kenwhite.bsky.social
These people are evil. Never stop saying so. Don’t be intimidated into shutting up.
flglchicago.bsky.social
Here’s video of the incident
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johnpfaff.bsky.social
Um, ICE just coldly shot an unarmed PRIEST in the head w a pepper ball when he (and everyone around him) clearly posed no threat.

For the crime of … complaining about government policy.

Core 1A speech.

With cameras rolling, they’re sniping priests for sport.
flglchicago.bsky.social
Here’s video of the incident
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atrupar.com
Trump posts that Sen. Blumenthal “should be allowed to speak no longer”
Sanctimonious Richard “Da Nang Dick” Blumenthal, perhaps the biggest “joke” in the United States Senate, is at it again! “Dick” lied until the midpoint of his political career, convincing everyone, in particular the Fake News Media, that he was a great “War Hero” who lived on the precipice of death in the jungles of Vietnam. He would talk about his life in the military in almost every speech, in particular the death defying dangers he faced in his many years “fight for freedom” while in Vietnam. He stated that “the battles were violent and long, but there was no going back” - And then it happened, Blumenthal was found out to be a FRAUD. The soldiers in his so-called “platoon” came forward and said that they had no idea who this guy was. He was revealed, broke down and admitted, tears flowing from his eyes, that he LIED, a Whopper, one that lasted 20 year. This guy shouldn’t even be in the U.S. Senate. It should be investigated, and Justice should be sought. Right now there is a Congressman sitting in prison for lying about his past during a campaign. Well, those lies were nothing compared to those of Richard “Da Nang Dick” Blumenthal, perhaps the greatest phony in the history of the United States Senate. He should be allowed to speak no longer!
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robertscotthorton.bsky.social
What's it like living in Chicago today? This image gives us a strong sense of the fear that Chicagoans fear from Trump's secret police.
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surcomplicated.bsky.social
Literally the only legit reason to bring in another state's NG over a state's objection is if the receiving state's NG is already fully called up and insufficient to the task.
andycraig.bsky.social
Even if they had some legitimate need and legal basis for deploying the Guard in Chicago, the only reason to not use Illinois NG for it is to cast doubt on their place in the chain of command, treating them as though they are already in mutiny or rebellion, no longer normally functioning.
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theatlantic.com
The U.S. armed forces may soon face the choice of whether to refuse illegal and unconstitutional orders, @radiofreetom.bsky.social writes. What will they do?
The Civil-Military Crisis Is Here
The leaders of the U.S. military may soon face a terrible decision.
bit.ly
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dburbach.bsky.social
The "antifa army" that Noem stared down 😂😂😂
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kyledcheney.bsky.social
The Justice Department has brought in two AUSAs from out of state to work the Comey prosecution: Tyler Lemons and Gabriel Diaz. Both are detailed from the U.S. Attorney's office in North Carolina.
kenwhite.bsky.social
The bit about the ICE guys laughing is very on-point. The job attracts a particular personality type.
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jackjenkins.me
Gonna be thinking about this lede for a minute.
(RNS) — Last month, the Rev. David Black stood in front of a Chicago-area U.S. Immigration and Customs Enforcement facility and spread his arms wide. Adorned in all black and wearing a clerical collar, the pastor looked up at a group of masked, heavily armed ICE agents on the roof and began to pray.

“I invited them to repentance,” Black, a minister in the Presbyterian Church (USA), said in an interview. “I basically offered an altar call. I invited them to come and receive that salvation, and be part of the kingdom that is coming.”

But when Black began to lower his arms a few seconds later, the agents responded to his spiritual plea by firing pepper balls, or chemical agents that cause eye irritation and respiratory distress, video footage shows. One struck Black in the head, exploding into a puff of white pepper smoke and forcing him to his knees. Fellow demonstrators rushed to his aid, and as the pastor rubbed his face in pain, the agents continued to fire.

“We could hear them laughing,” Black said.
kenwhite.bsky.social
We have reached a level of authoritarianism, let’s use the word FASCISM, where the President, based entirely on lies about violence and disorder, and against the will of the governors of the states, can send hostile state’s National Guard to invade and sit on citizens
wesleymorgan.bsky.social
Don’t think these Texas National Guard guys are going to be chasing any immigrants around Chicago on foot
kenwhite.bsky.social
Of course getting upset about a country song seems fairly normal for someone struggling with dementia.
kenwhite.bsky.social
A purported leader reacting angrily to a country song seems weak, not strong.
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cristianfarias.com
Supreme Court on banning gender-affirming care for trans youth: Sure, that's fine, no constitutional violation.

Supreme Court on banning so-called conversion therapy for gay youth: No, can't have that, grave constitutional violation.

Here, Ketanji Brown Jackson gets to the bottom of it:
Excerpt of Supreme Court transcript in Chiles v. Salazar:

JUSTICE JACKSON: No, but here's what
I mean, right? In Skrmetti, we had a state
 that wanted to prohibit certain medical
 treatment, gender-affirming care, being given
 to minors in the form of medication.
And we said that was okay. And I
understand there are particulars with respect
to how the -- the arguments, the constitutional
arguments, worked, but the state can prohibit
that.

Here, we have a state that wants to
prohibit gender-related medical treatment in
the form of talk therapy, but we now have the
First Amendment that is inhibiting the state's
ability to do that.

And I'm just, from a very, very broad
perspective, concerned about making sure that
we have equivalence with respect to these
things.
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adamweinstein.bsky.social
"At the War Department first and foremost we must restore a ruthless, dispassionate and common sense application of standards," Pete Hegseth said last week
wesleymorgan.bsky.social
Don’t think these Texas National Guard guys are going to be chasing any immigrants around Chicago on foot
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ericmgarcia.bsky.social
Ruben Gallego on whether Trump is talking to Democrats:

“Look, the President clearly has some kind of dementia, so I think there's a he's probably talking to himself, or think he's talking to a Democrat, but I sincerely doubt that that's actually he's actually physically talking to a Democrat.“
kenwhite.bsky.social
We’re getting very used to this but the statement is unusually unhinged.
robertdownen.bsky.social
Citing the “martyrdom” of Charlie Kirk, Texas AG Ken Paxton says his office is pursuing sweeping undercover investigations into “leftist” groups. “To those demented souls who seek to kill, steal, and destroy our country, know this: you cannot hide, you cannot escape, and justice is coming."
"Leftist political terrorism is a clear and present danger. Corrupted ideologies like transgenderism and Antifa are a cancer on our culture and have unleashed their deranged and drugged-up foot soldiers on the American people," said Attorney General Paxton. "The martyrdom of Charlie Kirk marks a turning point in America.
There can be no compromise with those who want us dead. To that end, I have directed my office to continue its efforts to identify, investigate, and infiltrate these leftist terror cells. To those demented souls who seek to kill, steal, and destroy our country, know this: you cannot hide, you cannot escape, and justice is coming."
The radical Left has incubated an environment where political violence is not only justified but celebrated and praised. In July, nearly two dozen armed leftists connected to various Texas-based Antifa-like groups ambushed an Immigration and Customs Enforcement ("ICE") facility in Alvarado, Texas. On September 10, 2025, a leftist assassin connected to the radical transgender movement murdered Charlie Kirk because of Kirk's bold support for truth, love of country, and unshakable faith. Two weeks later, another deranged leftist opened fire at an ICE facility in Dallas.
President Donald Trump has officially designated Antifa as a domestic terrorist organization and instructed his administration to "utilize all applicable authorities to investigate, disrupt, and dismantle any and all illegal operations — especially those involving terrorist actions — conducted by Antifa." Building on President Trump's bold actions, Attorney General Paxton has instructed his office to initiate sweeping investigations into radical leftist organizations engaged in or providing support to those performing political violence.
kenwhite.bsky.social
/2 ..and one party didn’t so I put the input from the five parties that did into the joint report and put “Party X did not submit a statement” but that was too nice so I deleted it and replaced with “Party X did not respond to requests for their statement” and filed it. Judge was mad at Party X.