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Trump's Executive Orders: NYC, Police, and Constitutional Crisis

Trump's Executive Orders: NYC, Police, and Constitutional Crisis

With the stroke of the pen, President Trump signed two chillingly linked executive orders. The first ends NYC as a safe haven sanctuary for illegal migrants in the U.S. The second nationalizes our country’s local police departments to enforce Trump’s orders. For noncompliance, Trump threatens, “holding state and local officials accountable, pursuing all necessary legal remedies and enforcement measures, including the prosecution of State and local officials, who willfully and unlawfully direct the obstruction of criminal law — a felony — by prohibiting law enforcement officers from carrying out duties necessary for public safety and law enforcement.” Critically, the orders empower the U.S. attorney general, secretary of defense, and secretary of homeland security to assist state and local law enforcement using "national security assets" — the military — to locate and remove migrants, and aggressively prevent crime in our cities by unilaterally defining law and order. Although Trump has previously threatened using military intervention in our cities, it is shocking these orders potentially authorize a military deployment to round-up and arrest dissidents and illegal nonviolen(t) migrants. For NYC, Trump’s orders upend Police Commissioner Jessica Tisch’s statutory responsibility to manage NYPD’s public safety mission and discipline police officers. These orders must be rejected. Mayor Adams must direct Tisch not to obey Trump’s orders. Additionally, all 2025 mayoral candidates, former police commissioners, district attorneys, and public officials must proclaim that NYC should not obey the egregious orders. Adams must also instruct NYC’s Law Department to challenge Trump’s orders — taking effect in 60 and 90 days. This lawsuit is our safeguard, preserving local governance, democracy, and civilian municipal control of our law enforcement agencies. It would be a municipal failure if Adams and Tisch didn’t publicly object to Trump, ending governmental independence, restricting NYPD’s commissioner’s decision-making, and potentially terminating the statutory oversight responsibilities of the NYPD inspector general, Civilian Complaint Review Board, and state attorney general. The breadth of the orders is stunning and likely unconstitutional. They potentially dissolve — with a heavy-hand — the separation of powers between the executive and judicial branches. They empower the U.S. attorney general to modify or attempt to end judicial decrees that were issued to prevent law enforcement agencies from unlawfully taking civil or criminal action against migrants and other individuals as they deem fit. These decrees will interfere with existing federal judicial oversight and impede a court-ordered monitor responsible for reviewing NYPD’s unconstitutional stop-and-fisk practices. They also negate remedies imposed by the court after finding millions of individuals were unlawfully stopped and frisked. At the same time, Trump’s orders would end accountability for future civil rights violations, justifying an officer’s unlawful acts if Trump’s appointees determine them as relevant, valid, and necessary public safety enforcement functions. Furthermore, the orders eliminate police accountability. They indemnify — in essence immunize — by protecting police officers while on duty, and even off duty voluntarily, against a civil rights violation, corruption charges, misconduct, or abuse while assisting federal agents, following orders to support Trump’s will. Recently, enhancing Trump’s orders is eliminating habeas corpus — a constitutional protection for an arrested individual to be brought speedily before a court. This unlawful overreach of presidential power is a wake-up call that our protected rights — guaranteed by our Constitution for all, including those in the U.S. illegally — are in jeopardy.

Inexplicably — and inconsisently with Trump’s oath of office, “to preserve, protect and defend the Constitution.” Trump will accuse all those opposing these orders of being soft on crime and not protecting our nation. Law firms, federal judges, nonprofits, universities, and outspoken public officials have become targets. They have been pressured by Trump to bend or face investigation, prosecution, and financial sanctions. Worrisome is if Adams objects to and defies Trump. There is the veiled threat of a new indictment superseding Adams’ dismissed federal criminal case. But remaining quiet, closing one’s eyes to governmental abuse, and silently accepting this exercise of an unconstitutional use of police power coupled with threats of military intervention are unconscionable. It is time for New Yorkers — and our public officials — to loudly say “No!” to Trump’s unlawful attempt to end NYC’s self-governance, erode constitutional guarantees and convert NYPD and other local police departments into a conscrip(ted) federal law enforcement agency.