

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"They are intentionally breaking government—even the parts that help us when we are deep in crisis," said Sen. Chris Murphy.
Outrage continues to grow against U.S. Secretary of Homeland Security Kristi Noem over her response to the deadly floods that ravaged Texas last week.
According to a Friday report from The New York Times, more than two-thirds of phone calls to the Federal Emergency Management Agency (FEMA) from flood victims went unanswered after Noem allowed hundreds of contractors to be laid off on July 5, just a day after the nightmare storm.
According to The Times, this dramatically hampered the ability of the agency to respond to calls from survivors in the following days:
On July 5, as floodwaters were starting to recede, FEMA received 3,027 calls from disaster survivors and answered 3,018, or roughly 99.7 percent, the documents show. Contractors with four call center companies answered the vast majority of the calls.
That evening, however, Noem did not renew the contracts with the four companies, and hundreds of contractors were fired, according to the documents and the person briefed on the matter.
The next day, July 6, FEMA received 2,363 calls and answered 846, or roughly 35.8 percent, according to the documents. And on Monday, July 7, the agency fielded 16,419 calls and answered 2,613, or around 15.9 percent, the documents show.
Calling is one of the primary ways that flood victims apply for aid from the disaster relief agency. But Noem would wait until July 10—five days later—to renew the contracts of the people who took those phone calls.
"Responding to less than half of the inquiries is pretty horrific," Jeffrey Schlegelmilch, director of the National Center for Disaster Preparedness at Columbia University, told The Times.
"Put yourself in the shoes of a survivor: You've lost everything, you're trying to find out what's insured and what's not, and you’re navigating multiple aid programs," he added. "One of the most important services in disaster recovery is being able to call someone and walk through these processes and paperwork."
The lapse is a direct result of a policy introduced by Noem last month, which required any payments made by FEMA above $100,000 to be directly approved by her before taking effect. Noem, who has said she wants to eliminate FEMA entirely, described it as a way of limiting "waste, fraud, and abuse."
Under this policy, Noem allowed other critical parts of the flood response to wait for days as well. Earlier this week, multiple officials within FEMA told CNN that she waited more than 72 hours to authorize the deployment of search and rescue teams and aerial imaging.
Following The Times' piece, DHS put out a statement claiming that "NO ONE was left without assistance, and every call was responded to urgently."
"When a natural disaster strikes, phone calls surge, and wait times can subsequently increase," DHS said. "Despite this expected influx, FEMA's disaster call center responded to every caller swiftly and efficiently, ensuring no one was left without assistance. No call center operators were laid off or fired."
This is undercut, however, by internal emails also obtained by The Times, which showed FEMA officials becoming frustrated and blaming the DHS Secretary for the lack of contracts. One official wrote in a July 8 email to colleagues: "We still do not have a decision, waiver, or signature from the DHS Secretary."
Democratic lawmakers were already calling for investigations into Noem's response to the floods before Friday. They also sought to look into how the Trump administration's mass firings of FEMA employees, as well as employees of the National Weather Service (NWS) and the National Oceanic and Atmospheric Administration (NOAA) may have hampered the response.
Following The Times' revelations, outrage has reached a greater fever pitch.
Sen. Richard Blumenthal (D-Conn.) called it "unforgivable and unforgettable" and an "inexcusable lapse in top leadership."
"Sec. Noem shows that dismantling FEMA impacts real people in real time," he said. "It hurts countless survivors & increases recovery costs."
In response to the news, Sen. Elizabeth Warren (D-Mass.) simply wrote that "Kristi Noem must resign now."
Others pointed out that Noem has often sought to justify abolishing FEMA by characterizing it as slow and ineffectual. They suggested her dithering response was deliberate.
"She broke it on purpose," said Rep. Jared Moskowitz (D-Fla.) in an interview on MSNBC. "So that when it fails this summer, she can say, 'Oh, see, we told you—FEMA doesn't work.'"
"It's not really incompetence because they know what they are doing," said Sen. Chris Murphy (D-Conn.). "They are intentionally breaking government—even the parts that help us when we are deep in crisis."
This is a critical moment in U.S. history, and it demands that we stand strong in our opposition to the administration’s reckless and unlawful use of military force.
For years, we have warned against the danger of an unchecked president turning the military against American civilians.
In an extraordinary show of force, President Trump has federalized 4,000 members of the California National Guard and deployed 300 of them, in addition to deploying 700 Marines, to quell protests in the Los Angeles area. All over the objections of Gov. Gavin Newsom.
Why this abrupt, camera-ready escalation? White House Deputy Chief of Staff Stephen Miller posted a video of a peaceful protest parade. “If we don’t fix this, we don’t have a country,” he shuddered. “Pass the BBB” — the budget bill now facing turbulence in Congress.
Trump’s administration is spoiling for a fight. It pops out emergency declarations like a Pez dispenser. It is also relying on flimsy legal justifications, as my colleagues have pointed out.
Presidents have deployed troops to control civil unrest only 30 times before in U.S. history. The Posse Comitatus Act generally prohibits federal troops from engaging in civilian law enforcement. Soldiers are trained to defeat an enemy, not to de-escalate protests.
The situation in Los Angeles is bad. What might come next could be worse.
The last time that a president sent in the Guard without a clear request from a state’s governor was 1965, when troops were used to protect the voting rights march from Selma to Montgomery. (And even in that case, George Wallace waffled.)
To be clear, violent protests are not acceptable or productive. The federal government should be unobstructed in carrying out its lawful duties. Of course, the specter of masked ICE agents lurking in the lobbies of immigration courts, as has happened here in New York City, is itself willfully provocative.
In fact, in Los Angeles, protests have been overwhelmingly peaceful. The LAPD — hardly a department of pushovers — has been adamant that it has the situation under control. Not surprisingly, the troops have only fanned the protests. Newsom formally requested that the administration rescind the deployment, saying that it is “inflaming tensions while pulling resources from where they’re actually needed.”
The situation in Los Angeles is bad. What might come next could be worse.
Trump’s executive order authorizes deployment of the Guard “at locations where protests against [ICE] functions are occurring or are likely to occur.” Where might that be? “We’re gonna have troops everywhere,” Trump declared.
As my colleague Elizabeth Goitein notes, “No president has ever federalized the National Guard for purposes of responding to potential future civil unrest anywhere in the country. Preemptive deployment is literally the opposite of deployment as a last resort. It would be a shocking abuse of power and the law.”
The most powerful repressive tool would be the Insurrection Act — a law that lets presidents deploy troops to suppress a rebellion or insurrection or curb domestic violence in extreme scenarios. Trump threatened to invoke it against Democratic-run cities during his 2024 campaign.
The Insurrection Act is, unfortunately, a mess of a law. Key words such as “rebellion” and “insurrection” are left undefined. Courts have given presidents a wide berth. Trump winked at this law by calling the protesters “insurrectionists.”
He has so far chosen to rely on a different law — one that has never been used to quell civil unrest without an accompanying Insurrection Act invocation. The administration claims that it is invoking this law only to protect federal personnel and property. But Homeland Security Secretary Kristi Noem has requested that soldiers be authorized to detain and search protesters, functions normally prohibited by the Posse Comitatus Act.
It’s clear that Trump wants to use this showdown to expand enforcement powers.
The week before he stages a strongman-style military parade along the National Mall — complete with tanks, missiles, and military aircraft — Trump has claimed the right to preemptively authorize deployment of the military all across America.
That should be chilling to most Americans, who have enjoyed a firm line between police and the military as an essential component of our democracy. The deployment of the military against civilians should only be used in the most extreme cases as a last resort. Otherwise, as Elizabeth Goitein notes, “an army turned inward can quickly become an instrument of tyranny.”
Experts have already identified worst-case scenarios. George W. Bush administration official David Frum has sounded the alarm on the possibility of Trump using the military to influence the 2026 election.
If you want to learn more about all of this, here are reports we’ve published in the last few years on emergency powers, the Insurrection Act, the Posse Comitatus Act, the Alien Enemies Act, and martial law.
Once again, in the face of a lawless executive, the courts must now step up. The Supreme Court may want to avoid a conflict, but here, it may have no choice. It is imperative that it uphold checks against the use of military force against civilians.
And now that we know that the existing laws can be used, however tendentiously, to justify provocative military action, we must fix those laws so they cannot be abused again.
The Brennan Center has proposed reforms to the Insurrection Act, including defining the law’s critical terms and enforcing more checks on its use. We have also proposed reforms to strengthen the Posse Comitatus Act. Americans must be adamant, too, that even under existing statutes, presidents lack the power to declare martial law.
This is a critical moment in U.S. history, and it demands that we stand strong in our opposition to the administration’s reckless and unlawful use of military force, in Los Angeles and across the country.
"Too many international students to count have inquired about the possibility of transferring to another institution," said the school's director of immigration services in a recent court filing.
A federal judge on Thursday extended an order blocking the Trump administration's move to end Harvard University's ability to enroll international students, a small victory for the elite school.
The U.S. Department of Homeland Security (DHS) announced last week that Homeland Security Secretary Kristi Noem ordered the agency to yank Harvard's Student Exchange and Visitor Program (SEVP) certification. "Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status," said DHS in a statement.
The following day, Harvard sued over the move. That same day, U.S. District Judge Allison Burroughs handed down a temporary restraining order freezing the ban while the litigation proceeds. And on Thursday, Burroughs ordered that the temporary restraining order remain in place until a preliminary injunction is issued, according to the court docket.
Earlier Thursday, the Trump administration submitted a letter to the court that it had sent to Harvard the day before, letting the school know that it has 30 days to respond with "any sworn statements, documents, or other evidence on which the school relies to rebut the alleged grounds for withdrawal" of the university's SEVP certification. Failure to respond to the notice within that time period will result in a withdrawal of the certification, according to the letter.
Politico reported that despite this revelation that the Trump administration is no longer immediately imposing the cancellation, Burroughs said during the hearing that an order barring the Trump administration from taking action against Harvard is still needed.
In its lawsuit, Harvard wrote that its more than 7,000 F-1 and J-1 visa holders and their dependents have "become pawns in the government's escalating campaign of retaliation."
During the the 2023-2024 school year, international students accounted for 5.9% of the total U.S. higher education population, or over 1.1 million students.
In a Wednesday court filing, Maureen Martin, director of immigration services at the school, said that because of the Trump administration's revocation notice currently enrolled international students are "reconsidering their futures at Harvard."
"Too many international students to count have inquired about the possibility of transferring to another institution," Martin told the court.
Harvard also held its commencement on Thursday.