
A person is tackled by a federal agent amid protests following a shooting on January 24, 2026, in Minneapolis, Minnesota. Federal agents shot and killed a protestor amid a scuffle to arrest him.
Architect of DHS Calls Out the Agency's 'Lawlessness, Fascism, and Cruelty'
John Mitnick, a conservative attorney who helped build the Department of Homeland Security and served as its general counsel during Trump's first term, says the agency has become a monster.
One of the architects of the Department of Homeland Security says the agency he helped create has turned into a monster.
Following this weekend's fatal shooting of 37-year-old intensive care unit nurse Alex Pretti by a federal immigration agent in Minneapolis, the second this month, John Mitnick—a conservative lawyer who served under both Presidents George W. Bush and Donald Trump—took to social media to express his fury at the agency's conduct.
"I helped to establish DHS in 2002 and 2003 and later had the Homeland Security portfolio as a White House counsel and served as general counsel of the department," said Mitnick on Saturday. "I am enraged and embarrassed by DHS’s lawlessness, fascism, and cruelty. Impeach and remove Trump—now."
Mitnick, a former Republican candidate for Congress, served as an associate general counsel for science and technology at DHS from 2002-04, during the agency's infancy. An agency webpage credits him as someone who "assisted in establishing the department as an attorney in the Transition Planning Office."
After the Bush presidency, Mitnick served in a number of private-sector roles, including as senior vice president, general counsel, and secretary at the Heritage Foundation—the influential right-wing think tank that would go on to author much of the second Trump administration's agenda.
He returned to DHS in 2018, when he was confirmed by the US Senate as general counsel to the department under Trump. The New York Times explained that "part of Mr. Mitnick’s job as general counsel was to push back against policies that could put the Homeland Security Department in a legally dubious position."
In an ominous precursor to Trump 2.0, Mitnick was forced out of his role as DHS counsel in 2019 after pushing back against a policy to release detained migrants into Democratic-led sanctuary cities as part of a political stunt, as opposed to border towns.
That policy was spearheaded by none other than Stephen Miller, who was then serving as a senior adviser to Trump, who has become arguably the most powerful single figure in his second White House and the brains behind his "mass deportation" agenda.
Multiple White House sources described Miller as the driving force behind Mitnick's ouster as part of a larger "purge" of officials who refused to cosign orders they felt were legally questionable.
In contrast with other officials who have stated that they regret their involvement in creating DHS, believing it paved the way for Trump's authoritarianism, Mitnick contested on Saturday that "the name [of the agency] is not responsible for the conduct."
"Laws do not apply themselves; it takes officials of integrity and good character devoted to the rule of law to apply them," he said. "Current DHS leadership is devoid of those qualities."
Within hours of Pretti's shooting—just as they did following the shooting of 37-year-old mother Renee Good weeks ago—White House officials raced to absolve the agents involved of any wrongdoing while casting the victim as a dangerous terrorist threat, even as video evidence directly contradicted their claims.
Miller specifically described Pretti as a "would-be assassin" who sought to kill agents despite zero evidence of this being the case, other than the fact that he was legally carrying a handgun, while Homeland Security Secretary Kristi Noem baselessly described his actions as “domestic terrorism," prompting calls for her impeachment.
In the Guardian, columnist George Chidi described it as part of "a pattern... emerging, in which the Trump administration prioritizes the vilification of the dead victim as to blame for the incident over preserving the neutrality of any investigative process."
Polls show that the American public has rapidly grown hostile to US Immigration and Customs Enforcement (ICE) in the wake of its rampage across Minnesota, which—in addition to the extrajudicial killings of two US citizens—has involved cases of explicit racial profiling, unconstitutional "citizenship checks," and extreme uses of force against protesters, legal observers, and detainees.
A YouGov poll published Sunday found that just 20% of American adults found Pretti's shooting to be justified. That same poll found that a record high 46% of Americans now want to abolish ICE, compared with just 41% who want to maintain it. This includes 19% of Republicans, a higher percentage than ever recorded during Trump's second term.
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said that if ICE's conduct has so disturbed even a lifelong conservative functionary like Mitnick, it's a sign of how far the agency has truly gone.
"Beyond helping establish DHS itself in 2003, Mr. Mitnick was a Senate-confirmed Trump choice for general counsel for DHS in his first term, and is not a man for hyperbole," Reichlin-Melnick said. "So bear that in mind when you see him calling out DHS's 'lawlessness, fascism, and cruelty.'"
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just three days to go in our Spring Campaign, we're falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
One of the architects of the Department of Homeland Security says the agency he helped create has turned into a monster.
Following this weekend's fatal shooting of 37-year-old intensive care unit nurse Alex Pretti by a federal immigration agent in Minneapolis, the second this month, John Mitnick—a conservative lawyer who served under both Presidents George W. Bush and Donald Trump—took to social media to express his fury at the agency's conduct.
"I helped to establish DHS in 2002 and 2003 and later had the Homeland Security portfolio as a White House counsel and served as general counsel of the department," said Mitnick on Saturday. "I am enraged and embarrassed by DHS’s lawlessness, fascism, and cruelty. Impeach and remove Trump—now."
Mitnick, a former Republican candidate for Congress, served as an associate general counsel for science and technology at DHS from 2002-04, during the agency's infancy. An agency webpage credits him as someone who "assisted in establishing the department as an attorney in the Transition Planning Office."
After the Bush presidency, Mitnick served in a number of private-sector roles, including as senior vice president, general counsel, and secretary at the Heritage Foundation—the influential right-wing think tank that would go on to author much of the second Trump administration's agenda.
He returned to DHS in 2018, when he was confirmed by the US Senate as general counsel to the department under Trump. The New York Times explained that "part of Mr. Mitnick’s job as general counsel was to push back against policies that could put the Homeland Security Department in a legally dubious position."
In an ominous precursor to Trump 2.0, Mitnick was forced out of his role as DHS counsel in 2019 after pushing back against a policy to release detained migrants into Democratic-led sanctuary cities as part of a political stunt, as opposed to border towns.
That policy was spearheaded by none other than Stephen Miller, who was then serving as a senior adviser to Trump, who has become arguably the most powerful single figure in his second White House and the brains behind his "mass deportation" agenda.
Multiple White House sources described Miller as the driving force behind Mitnick's ouster as part of a larger "purge" of officials who refused to cosign orders they felt were legally questionable.
In contrast with other officials who have stated that they regret their involvement in creating DHS, believing it paved the way for Trump's authoritarianism, Mitnick contested on Saturday that "the name [of the agency] is not responsible for the conduct."
"Laws do not apply themselves; it takes officials of integrity and good character devoted to the rule of law to apply them," he said. "Current DHS leadership is devoid of those qualities."
Within hours of Pretti's shooting—just as they did following the shooting of 37-year-old mother Renee Good weeks ago—White House officials raced to absolve the agents involved of any wrongdoing while casting the victim as a dangerous terrorist threat, even as video evidence directly contradicted their claims.
Miller specifically described Pretti as a "would-be assassin" who sought to kill agents despite zero evidence of this being the case, other than the fact that he was legally carrying a handgun, while Homeland Security Secretary Kristi Noem baselessly described his actions as “domestic terrorism," prompting calls for her impeachment.
In the Guardian, columnist George Chidi described it as part of "a pattern... emerging, in which the Trump administration prioritizes the vilification of the dead victim as to blame for the incident over preserving the neutrality of any investigative process."
Polls show that the American public has rapidly grown hostile to US Immigration and Customs Enforcement (ICE) in the wake of its rampage across Minnesota, which—in addition to the extrajudicial killings of two US citizens—has involved cases of explicit racial profiling, unconstitutional "citizenship checks," and extreme uses of force against protesters, legal observers, and detainees.
A YouGov poll published Sunday found that just 20% of American adults found Pretti's shooting to be justified. That same poll found that a record high 46% of Americans now want to abolish ICE, compared with just 41% who want to maintain it. This includes 19% of Republicans, a higher percentage than ever recorded during Trump's second term.
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said that if ICE's conduct has so disturbed even a lifelong conservative functionary like Mitnick, it's a sign of how far the agency has truly gone.
"Beyond helping establish DHS itself in 2003, Mr. Mitnick was a Senate-confirmed Trump choice for general counsel for DHS in his first term, and is not a man for hyperbole," Reichlin-Melnick said. "So bear that in mind when you see him calling out DHS's 'lawlessness, fascism, and cruelty.'"
One of the architects of the Department of Homeland Security says the agency he helped create has turned into a monster.
Following this weekend's fatal shooting of 37-year-old intensive care unit nurse Alex Pretti by a federal immigration agent in Minneapolis, the second this month, John Mitnick—a conservative lawyer who served under both Presidents George W. Bush and Donald Trump—took to social media to express his fury at the agency's conduct.
"I helped to establish DHS in 2002 and 2003 and later had the Homeland Security portfolio as a White House counsel and served as general counsel of the department," said Mitnick on Saturday. "I am enraged and embarrassed by DHS’s lawlessness, fascism, and cruelty. Impeach and remove Trump—now."
Mitnick, a former Republican candidate for Congress, served as an associate general counsel for science and technology at DHS from 2002-04, during the agency's infancy. An agency webpage credits him as someone who "assisted in establishing the department as an attorney in the Transition Planning Office."
After the Bush presidency, Mitnick served in a number of private-sector roles, including as senior vice president, general counsel, and secretary at the Heritage Foundation—the influential right-wing think tank that would go on to author much of the second Trump administration's agenda.
He returned to DHS in 2018, when he was confirmed by the US Senate as general counsel to the department under Trump. The New York Times explained that "part of Mr. Mitnick’s job as general counsel was to push back against policies that could put the Homeland Security Department in a legally dubious position."
In an ominous precursor to Trump 2.0, Mitnick was forced out of his role as DHS counsel in 2019 after pushing back against a policy to release detained migrants into Democratic-led sanctuary cities as part of a political stunt, as opposed to border towns.
That policy was spearheaded by none other than Stephen Miller, who was then serving as a senior adviser to Trump, who has become arguably the most powerful single figure in his second White House and the brains behind his "mass deportation" agenda.
Multiple White House sources described Miller as the driving force behind Mitnick's ouster as part of a larger "purge" of officials who refused to cosign orders they felt were legally questionable.
In contrast with other officials who have stated that they regret their involvement in creating DHS, believing it paved the way for Trump's authoritarianism, Mitnick contested on Saturday that "the name [of the agency] is not responsible for the conduct."
"Laws do not apply themselves; it takes officials of integrity and good character devoted to the rule of law to apply them," he said. "Current DHS leadership is devoid of those qualities."
Within hours of Pretti's shooting—just as they did following the shooting of 37-year-old mother Renee Good weeks ago—White House officials raced to absolve the agents involved of any wrongdoing while casting the victim as a dangerous terrorist threat, even as video evidence directly contradicted their claims.
Miller specifically described Pretti as a "would-be assassin" who sought to kill agents despite zero evidence of this being the case, other than the fact that he was legally carrying a handgun, while Homeland Security Secretary Kristi Noem baselessly described his actions as “domestic terrorism," prompting calls for her impeachment.
In the Guardian, columnist George Chidi described it as part of "a pattern... emerging, in which the Trump administration prioritizes the vilification of the dead victim as to blame for the incident over preserving the neutrality of any investigative process."
Polls show that the American public has rapidly grown hostile to US Immigration and Customs Enforcement (ICE) in the wake of its rampage across Minnesota, which—in addition to the extrajudicial killings of two US citizens—has involved cases of explicit racial profiling, unconstitutional "citizenship checks," and extreme uses of force against protesters, legal observers, and detainees.
A YouGov poll published Sunday found that just 20% of American adults found Pretti's shooting to be justified. That same poll found that a record high 46% of Americans now want to abolish ICE, compared with just 41% who want to maintain it. This includes 19% of Republicans, a higher percentage than ever recorded during Trump's second term.
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said that if ICE's conduct has so disturbed even a lifelong conservative functionary like Mitnick, it's a sign of how far the agency has truly gone.
"Beyond helping establish DHS itself in 2003, Mr. Mitnick was a Senate-confirmed Trump choice for general counsel for DHS in his first term, and is not a man for hyperbole," Reichlin-Melnick said. "So bear that in mind when you see him calling out DHS's 'lawlessness, fascism, and cruelty.'"

