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The arrest and detention of Mahmoud Khalil is a blatant attack on the civil liberties without which there can be no meaningful democracy for anyone. Our dark days are getting darker by the moment.
“America, this republic, this democracy in which we are, is a living thing which cannot be contemplated or categorized, like the image of a thing I can make . . . . It is not and never will be perfect because the standard of perfection does not apply here. Dissent belongs to this living matter as much as consent does. The limitations on dissent are the Constitution and the Bill of Rights and no one else. If you ‘try to make America more American’ . . . you can only destroy it. Your methods, finally, are the justified methods of the police, and only the police.” —Hannah Arendt, “The Ex-Communists,” Commonweal (March 20, 1953).
Hannah Arendt, a German-Jewish immigrant, wrote the above words at the high point of McCarthyism in 1950’s America. It took courage for her to publish these words. For, as her biographer, Elizabeth Young-Bruehl, reports: “The attorney general of the democracy in which she was living had made a speech three days earlier in which he announced that 10,000 citizens were being investigated for denaturalization and 12,000 aliens for deportation as ‘subversives.”
Indeed Arendt’s husband, Heinrich Blucher, was a former communist who was especially vulnerable to the threats of the Attorney General, Albert Brownell. As Blucher himself had written in a letter to Arendt about Brownell’s revival of the harsh McCarran-Walters Act: “The acceptance without opposition of the dreadful new immigration bill has demoralized the best people here, so much so that the forces of the Left, which never really were put in motion, are stunned . . . It seems that one can now deprive someone of citizenship with a simple denunciation . . . And how soon these ‘Born American’ people could become a Master Race.”
That was then, and this is now.
Last weekend, U.S. Customs and Immigration Enforcement (ICE) arrested Khalil Mahmoud, a Columbia University graduate student, living in campus housing, who has been one of the leaders of the pro-Palestinian movement on campus. Mahmoud is a Palestinian who was born in Syria, who has been in the U.S. on a student visa, is currently holding a green card, and is married to a U.S. citizen. There is no evidence that he has ever engaged in a violent act. He was apparently arrested in accordance with the Trump Executive Order, “Additional Measures to Combat Anti-Semitism,” signed on January 29, 2025, and also in connection with the recently announced State Department “catch and revoke” policy, which employs AI tools to locate, detain, and deport international students considered to be pro-Palestinian and thus, by definition, “anti-Semitic.”
This is not about Hamas or Palestine or Israel or antisemitism. It is about the crackdown on dissent. Period.
Secretary of State Marco Rubio quickly acknowledged the action, announcing that “we will be revoking the visas and/or green cards of Hamas supporters in America so they can be deported.” [It must be noted that a U.S. federal judge has just ordered a temporary halt to Mahmoud’s deportation. But it must be noted only parenthetically, because the halt is only temporary, and Mahmoud remains in ICE custody, and if there is any domain where the Trump administration can be relied upon to stick to its metaphorical—and actual—guns, it is this one.]
The arrest of Khalil is a major escalation in a “New Campus McCarthyism” that has beset U.S. higher education for at least the past two years. It follows hard on the Trump administration’s cancellation of over $400 million in Columbia University grants and contracts, and preceded by one day Tuesday’s announcement that the U.S. Department of Education has sent letters to 60 universities “under investigation for antisemitic discrimination and harassment.”
At the same time, what we are now experiencing is more than an attack on academic freedom and university autonomy. It is nothing less than a wholesale assault on constitutional democracy itself, by an authoritarian administration determined to “Make America Great Again,” the Constitution, and democracy, be damned. The arrest and detention of Mahmoud Khalil is a blatant attack on the civil liberties without which there can be no meaningful democracy for anyone. As columnist Michelle Goldberg put it in the New York Times, “This is The Greatest Threat to Free Speech Since the Red Scare.”
That this arrest and the policy behind it is being justified by this administration–with its Nazi-saluting “DOGE” head and neo-Nazi supporting Vice President and “fine people on both sides” President–as a defense of Jews is beyond cynical. And that many Jewish leaders apparently support this arrest is simply deplorable. For Trump clearly has no real interest in either Jews or Arabs, and is quite content to disrespect the former while trolling the latter, as he did on Elon Musk’s X, posting “Shalom, Mahmoud” above a caption that read: “ICE proudly apprehended and detained Mahmoud Khalil, a Radical Foreign Pro-Hamas Student on the campus of @Columbia University. This is the first arrest of many to come.” Trump followed up with an even more threatening Truth Social post:
We know there are more students at Columbia and other Universities across the Country who have engaged in pro-terrorist, anti-Semitic, anti-American activity, and the Trump Administration will not tolerate it. Many are not students, they are paid agitators. We will find, apprehend, and deport these terrorist sympathizers from our country – never to return again. If you support terrorism, including the slaughtering of innocent men, women, and children, your presence is contrary to our national and foreign policy interests, and you are not welcome here. We expect every one of America’s Colleges and Universities to comply.
But even more ominous was a statement Trump posted last week:
All Federal Funding will STOP for any College, School, or University that allows illegal protests. Agitators will be imprisoned/or permanently sent back to the country from which they came. American students will be permanently expelled or, depending on the crime, arrested. NO MASKS! Thank you for your attention to this matter.
This is not about Hamas or Palestine or Israel or antisemitism.
It is about the crackdown on dissent. Period. Foreign “agitators,” American “agitators,” it makes no difference.
And while it involves the Education Department’s financial intimidation and punishment of universities, it also involves the coercive power of the federal government—through Homeland Security, Justice, and even Defense—to arrest those among us, regardless of their citizenship status, who engage in “anti-American” behavior as defined by Donald Trump, in other words, those who oppose what Trump is doing.
This should surprise no one. For Trump promised exactly this, in pretty much every speech he gave on the 2023-24 campaign trail, but never more directly that in his too-easily forgotten 2023 Veteran’s Day Speech:
We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections. They’ll do anything, whether legally or illegally, to destroy America and to destroy the American Dream. . . the threat from outside forces is far less sinister, dangerous and grave than the threat from within. Our threat is from within.
Trump is now doing what he promised. And all too many Americans are either excited that he is doing so or merely blasé about their president’s proud decision to literally take a torch to the U.S. Constitution.
Martin Niemöller’s famous saying has been quoted so many times that it is a veritable cliché. All the same, the sentiment it expressed is as true now as it ever was, and it is especially appropriate to note that it is featured on the website of the U.S. Holocaust Museum:
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
The arrest of Khalil Mahmoud is an offense to every citizen of the United States, and it sets a precedent that endangers us all.
Trump is turning the United States into a police state.
Are the tattered and tarnished instrumentalities of democracy still at our disposal sufficient to prevent him from succeeding? And if we do not exercise them now, how much longer will they even persist?
Our dark time is getting darker by the day.
Break with your routine, Americans. It’s your country they are seizing!
Rise up people and fast. Tyrant Trump and his Musk-driven gangsters are launching a fascistic coup d’état. Much of everything you like about federal/civil service for your health, safety, and economic well-being and protections is being targeted.
To feed Trump’s insatiable vengeance over being prosecuted, being defeated in the 2020 election, or now just being challenged, this megalomaniacal, self-described dictator is harming the lives of tens of millions of Americans in need and millions of Americans who are assisting them.
In his demented lawless arrogance, convicted felon Trump is nullifying the freedoms and protections of the American Revolution (King Donald is today’s King George III), and rejecting the Declaration of Independence (which listed the rights and abuses against the British Tyrant that Trump is shredding and entrenching). He is defiantly violating the U.S. Constitution, its controls over dictatorial government, and its powers exclusively given to Congress. The Constitution demands that we live under the rule of law, not the rule of one man.
While Trump enjoys Mar-a-Lago and his golfing, Madman Musk, a South African, is literally living in the Executive Office Building next to the White House, with his heel-clicking Musketeers, seven days a week (they brought in sleeping cots) guarded by a large private security detail.
Consider, people, that the world’s richest man, with billions of dollars of federal contracts, is unleashing his henchmen to wreck the daily work of public servants committed to providing critical services that have long and bi-partisan support. Assistance to children, emergency workers, the sick and elderly, public school students, and people ripped off by business crooks. He is firing the federal cops on the corporate crime beat – whether at the FBI, the EPA, or the key Consumer Financial Protection Bureau which Trump/Musk are gutting.
Some headlines: “Laws? What Laws? Trump’s Brazen Grab for Executive Power” by the great reporter Charlie Savage (New York Times, February 6, 2025). Outlaws taking charge, driven by greed for the government’s honeypots of corporate welfare, and near-zero taxes for the rich and big corporations.
When the forces of law and order reassert themselves, Elon Musk may become known as felon Musk.
Or “Searching for Motive to Musk Team’s Focus on ‘Checkbook’ of U.S.” by Alan Rappeport, February 6, 2025, New York Times.
Or “White House Billionaires Take on the World’s Poorest Kids” by the super-reporter Nicholas Kristof (February 6, 2025. New York Times) shutting down The Agency for International Development’s distribution of AIDS medicines, and crucially stopping U.S. health agencies from countering rising, deadly pandemics in Africa that could come here quickly without U.S. defensive actions abroad. Already the devastating effects on children missing healthcare and food are erupting.
Kristof concludes that all this (and the dollar amounts are very small compared to their benefits) may seem like a game for Trump/Musk, but “… it’s about children’s lives and our own security, and what’s unfolding is sickening.” It is also criminal!
When the forces of law and order reassert themselves, Elon Musk may become known as felon Musk. He is not a properly appointed federal official. He has no authority to send his wrecking crews into one agency after another, demanding private information about Americans, pushing people out, and shutting down operations.
Musk, whose next target is the federal auto safety agency that has been enforcing the safety laws against Tesla and has not surrendered its regulation of self-driving cars (Musk’s next big project). Musk refuses to disclose his sweetheart contracts with the federal agencies nor has he disclosed his tax returns. Demand them.
What is very clear in the first 20 days of Trump’s lawless madness is that he is moving fast for a police state along with deepening the corporate state with and for Big Business. His prime victims are not the vast military budget at the Department of Defense, nor the big budgets of the Spy Agencies or of Musk’s lucrative fiefdom – NASA, the Space Agency. No, like the bullies they are, Trump/Musk are smashing people’s programs. They hate Medicaid (provided to over 80 million Americans) or the food programs for millions of children. Crazed Trump is pushing to shut down many clean wind power projects and cut credits to homeowners installing solar panels while booming the omnicidal oil, gas, and coal industries. He wants many more giant exporting natural gas facilities near U.S. ports which could accidentally blow up entire cities.
Outlaws taking charge, driven by greed for the government’s honeypots of corporate welfare, and near-zero taxes for the rich and big corporations.
Musk’s poisoned Tusks have even reached Laos, Cambodia, and parts of Vietnam where mine-clearing efforts have been cut off. These are the U.S.’s Vietnam War era unexploded ordinances and bomblets that have killed tens of thousands of innocent residents, mostly children, in the past fifty years.
The Washington Post headline on February 6th, “Musk Team Taking Over Public Operations” understates the carnage. They are brazenly shutting down agencies, taking down thousands of government websites helpful to all Americans, and telling conscientious civil servants to obey or be driven out.
The Republicans in Congress, to their future shame and guilt, are surrendering their constitutional powers in the very branch of government our Founders assigned to check any rising monarchy in the White House.
The Democrats in the minority are just starting to protest, some in front of shuttered federal buildings. But they have not yet initiated unofficial public hearings in Congress to give voice to the surging anger of Americans (now flooding their switchboards) whose narrow majority of Trump voters are sensing betrayal big time. Demand unofficialhearings now! Federal judges are starting to uphold the violated laws.
The media, itself threatened by Trump’s attacks, censorship, and who knows what is next from this venomous liar (see the Washington Post’s Glen Kessler’s January 26, 2025 piece “The White House’s wildly inaccurate claims about USAID spending” or “Trump’s gusher of misleading economic statistics at Davos”) will cover protests and testimony by people all over the country. The rallies and marches have begun and will only get larger as Trump and Musk sink lower with their tyrannical abuses.
The career military does not relish the reckless buffoon that Trump put over them as Secretary of Defense. American business cannot tolerate the chaos, the uncertainty, the tumult. Thirty-nine million small businesses are already feeling the oncoming Trump tsunami.
Break with your routine, Americans. It’s your country they are seizing with this burgeoning coup. Take it back fast, is what our original patriots of 1776 would be saying.
Another mass gun murder just happened in America, the seventh in 7 days, and already "Second Amendment legislators" are offering the 2021 version of thoughts and prayers. Lauren Boebert just tweeted, "May God be with them." Standing in front of her wall of assault weapons, most likely.
And, of course, today on rightwing talk radio and Fox News they've already begun lengthy bloviation about the Second Amendment. So, let's just clear a few things up.
The real reason the Second Amendment was ratified, and why it says "State" instead of "Country" (the Framers knew the difference--see the 10th Amendment), was to preserve the slave patrol militias in the southern states, an action necessary to get Virginia's vote to ratify the Constitution.
It had nothing whatsoever to do with making sure mass murderers could shoot up public venues and schools. Founders including Patrick Henry, George Mason, and James Madison were totally clear on that, and we all should be too.
In today's America, you have the "right" to a gun, but no "right" to healthcare or education. In every other developed country in the world, the reality is the exact opposite.
In the beginning, there were the militias. In the South they were called "slave patrols," and were regulated by the states.
In Georgia, for example, a generation before the American Revolution, laws were passed in 1755 and 1757 that required all plantation owners or their male white employees to be members of the Georgia Militia, and for those armed militia members to make monthly inspections of the quarters of all slaves in the state. The law defined which counties had which armed militias and required armed militia members to keep a keen eye out for slaves who may be planning uprisings.
As Dr. Carl T. Bogus wrote for the University of California Law Review in 1998, "The Georgia statutes required patrols, under the direction of commissioned militia officers, to examine every plantation each month and authorized them to search 'all Negro Houses for offensive Weapons and Ammunition' and to apprehend and give twenty lashes to any slave found outside plantation grounds."
It's the answer to the question raised by the character played by Leonardo DiCaprio in Django Unchained when he asks, "Why don't they just rise up and kill the whites?" It was a largely rhetorical question, because every southerner of the era knew the answer: Well-regulated militias kept enslaved people in chains.
Sally E. Haden, in her brilliant and essential book Slave Patrols: Law and Violence in Virginia and the Carolinas, notes that, "Although eligibility for the Militia seemed all-encompassing, not every middle-aged white male Virginian or Carolinian became a slave patroller." There were exemptions so "men in critical professions" like judges, legislators and students could stay at their work. Generally, though, she documents how most southern men between ages 18 and 45--including physicians and ministers--had to serve on slave patrol in the militia at one time or another in their lives.
And slave rebellions were keeping the slave patrols busy.
By the time the Constitution was ratified, hundreds of substantial slave uprisings had occurred across the South. Blacks outnumbered whites in large areas, and the state militias were used to both prevent and to put down uprisings by enslaved men and women. As I detail in my book The Hidden History of Guns and the Second Amendment, slavery can only exist in a police state, which the South had become by the early 1700s, and the enforcement of that police state was the explicit job of the militias.
Southerners worried that if the anti-slavery folks in the North could figure out a way to disband--or even move out of the state--those southern militias, the police state of the South would collapse. And, similarly, if the North were to invite into military service enslaved men from the South, then they could be emancipated, which would collapse the institution of slavery, along with the southern economic and social "ways of life."
These two possibilities worried southerners like slaveholder James Monroe, George Mason (who owned over 300 enslaved humans) and the southern Christian evangelical, Patrick "Give Me Liberty Or Give Me Death" Henry (Virginia's largest slaveholder).
Their main concern was that Article 1, Section 8 of the newly-proposed Constitution, which gave the federal government the power to raise and supervise an army, could also allow that federal army to subsume their state militias and change them from slavery-enforcing institutions into something that could even, one day, free their enslaved men, women and children.
This was not an imagined threat. Famously, 12 years earlier, during the lead-up to the Revolutionary War, Lord Dunsmore offered freedom to slaves who could escape and join his forces. "Liberty to Slaves" was stitched onto their jacket pocket flaps. During the War, British General Henry Clinton extended the practice in 1779. And numerous freed slaves served in General Washington's army.
Thus, southern legislators and plantation owners lived not just in fear of their own slaves rebelling, but also in fear that their slaves could be emancipated through the newly-forming United States offering them military service.
At the ratifying convention in Virginia in 1788, Henry laid it out:
"Let me here call your attention to that part [Article 1, Section 8 of the proposed Constitution] which gives the Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. . . .
"By this, sir, you see that their control over our last and best defence is unlimited. If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither ... this power being exclusively given to Congress. The power of appointing officers over men not disciplined or armed is ridiculous; so that this pretended little remains of power left to the states may, at the pleasure of Congress, be rendered nugatory."
George Mason expressed a similar fear:
"The militia may be here destroyed by that method which has been practised in other parts of the world before; that is, by rendering them useless, by disarming them. Under various pretences, Congress may neglect to provide for arming and disciplining the militia; and the state governments cannot do it, for Congress has an exclusive right to arm them [under this proposed Constitution]..."
Henry then bluntly laid it out:
"If the country be invaded, a state may go to war, but cannot suppress [slave] insurrections [under this new Constitution]. If there should happen an insurrection of slaves, the country cannot be said to be invaded. They cannot, therefore, suppress it without the interposition of Congress . . . . Congress, and Congress only [under this new Constitution], can call forth the militia."
And why was that such a concern for Patrick Henry?
"In this state," he said, "there are 236,000 Blacks, and there are many in several other states. But there are few or none in the Northern States. ... May Congress not say, that every Black man must fight? Did we not see a little of this last war? We were not so hard pushed as to make emancipation general; but acts of Assembly passed that every slave who would go to the army should be free."
Patrick Henry was also convinced that the power over the various state militias given the federal government in the new Constitution could be used to strip the slave states of their slave-patrol militias. He knew the majority attitude in the North opposed slavery, and he worried they'd use the new Constitution they were then debating ratifying to free the South's slaves (a process then called "Manumission").
The abolitionists would, he was certain, use that power (and, ironically, this is pretty much what Abraham Lincoln ended up doing):
"[T]hey will search that paper [the Constitution], and see if they have power of manumission," said Henry. "And have they not, sir? Have they not power to provide for the 'general defence and welfare'? May they not think that these call for the abolition of slavery? May they not pronounce all slaves free, and will they not be warranted by that power?
"This is no ambiguous implication or logical deduction. The paper [the Constitution] speaks to the point: they have the power in clear, unequivocal terms, and will clearly and certainly exercise it."
He added: "This is a local [Southern] matter, and I can see no propriety in subjecting it to Congress."
James Madison, the "Father of the Constitution" and a slaveholder himself, basically called Patrick Henry paranoid.
"I was struck with surprise," Madison said, "when I heard him express himself alarmed with respect to the emancipation of slaves. . . . There is no power to warrant it, in that paper [the Constitution]. If there be, I know it not."
But the southern slavemasters' fears wouldn't go away.
Patrick Henry even argued that southerner's "property" (enslaved humans) would be lost under the new Constitution, and the resulting slave uprising would be less than peaceful or tranquil:
"In this situation," Henry said to Madison, "I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone."
So Madison, who had (at Jefferson's insistence) already begun to prepare proposed amendments to the Constitution, changed his first draft of one that addressed the militia issue to make sure it was unambiguous that the southern states could maintain their slave patrol militias.
His first draft for what became the Second Amendment had said: "The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country [emphasis mine]: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person."
But Henry, Mason and others wanted southern states to preserve their slave-patrol militias independent of the federal government. So Madison changed the word "country" to the word "state," and redrafted the Second Amendment into today's form:
"A well regulated Militia, being necessary to the security of a free State [emphasis mine], the right of the people to keep and bear Arms, shall not be infringed."
Little did Madison realize that one day in the future weapons-manufacturing corporations would use his slave patrol militia amendment to protect their "right" to manufacture and sell assault weapons used to murder people in schools, theaters and stores, and use the profits to own their own political party.
In today's America, you have the "right" to a gun, but no "right" to healthcare or education. In every other developed country in the world, the reality is the exact opposite.
Pointing out how ludicrous this has become, David Sirota (and colleagues) writes in his Daily Poster newsletter today: "Last week, the National Rifle Association publicly celebrated its success in striking down an assault weapons ban in Boulder, Colorado. Five days later, Boulder was the scene of a mass shooting, reportedly with the same kind of weapon that the city tried to ban."
The Second Amendment was never meant to make it easier for mass shooters to get assault weapons, and America needs rational gun policy to join the other civilized nations of this planet who aren't the victims of daily mass killings.
It's long past time to overturn Heller, which Ruth Bader Ginsberg repeatedly argued the Court should do, and abolish today's bizarre interpretation of the 2nd Amendment.
This post originally appeared at hartmannreport.com, but is published here with permission of the author.