Random thoughts on accountability

Over at Slate this morning, Mark Joseph Stern examines a lawsuit brough by lawful Maine resident, Juan Sebastián Carvajal-Muñoz, against masked immigration agents who brutalized him in January and violated his constitutional rights. Stephen Miller may claim that they have absolute immunity from legal liability, Stern writes, based on the Bivens case we discussed here in February (Sue The Hell Out Of Them) about a way victims might get around such prohibitions (and threatened Trump blanket pardons).
Stern writes:
Carvajal-Muñoz is now putting this theory to the test. It turns out that Maine already has a law on the books that authorizes damages against federal officials who deprive people of their constitutional rights. (So do several other states, including California.) Carvajal-Muñoz sued his kidnappers under this statute, alleging that they stopped, arrested, and imprisoned him on the basis of race in violation of the Fourth and Fifth amendments. (He is Latino.) He sued one ICE officer, Jack Cory Ravencamp—who can be seen on video pointing a Taser at Carvajal-Muñoz—by name. If his suit moves forward, he will likely uncover the identities of the many masked agents who participated in his abduction. He has demanded both compensatory damages to redress his own harms as well as punitive damages “to deter future unconstitutional conduct.”
Legal accountability seems to be on the minds of a lot of Trump officials just now.
Zeto’s First Draft touches on it this morning. Seeing a strong possibility that Democrats take control of the House in January 2027, Trumpers are doing some preemptive ass-covering:
Last year, various Trump administration officials made sure to purchase new legal insurance and professional-liability plans, sources familiar with the matter tell me, in anticipation of future investigations or subpoenas from prosecutors and Democrats. (It’s a smart move: Staffers on the House committee investigating Jan. 6 did the same thing before the 2022 elections, anticipating a Republican-run Congress around the corner.)
But in the past few months (including during Trump’s disastrous war in Iran, which has turbo-charged the levels of leaking, backbiting, blame-shifting, and paranoia within Team Trump’s own ranks), I’ve noticed something.
In my conversations with several senior administration officials, as well as other Trump advisers and elite Republicans close to the White House, their anxiety – over what Democrats might do to them after the midterms, or once Trump is out of power – has kicked up a conspicuous notch. Some of them have told me they’ve noticed a growing trend of Democratic politicians making public calls for aggressive prosecutions of Trumplanders in the future – a trend one Trump aide privately lamented as “kind of worrisome.”
Whether Democrats will follow through is something I find kind of worrisome. God help us that they don’t look forward not backward and let the criminals walk.
Brian Beutler is worried about that too:
Pardons don’t cover state offenses, and many federal corruption offenses violate sister statutes at the state level. Pardons can’t stop Congress or inspectors general or a post-Trump truth commission from investigating, and airing their findings. Pardons can’t stop disbarment proceedings. And Democrats should absolutely put Republicans on notice that all of it is coming for them.
One way to keep Dems accountable for holding Trumpers accountable, Beutler suggests, is primaries:
Primaries (next cycle) Brian Schatz and Chuck Schumer will both be up for re-election starting next year. Schumer may step down from leadership and/or retire, but Schatz won’t. Both of them should draw primary challenges if they establish anything resembling a “look forward, not backward” policy for the caucus. Same with Hakeem Jeffries.
“[U]ntil there’s a major shakeup in Democratic leadership, we’re going to have to watch like hawks,” Beutler believes.
Yup.







