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The First and Second Amendments were not meant to be a deadly combination

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They are arranged next to each other in the Constitution – the First Amendment and its guarantee of free speech and religion, and the Second Amendment, as currently interpreted, with its guarantee of the right to bear arms. Neither right is absolute. The First Amendment does not protect a right to slander someone, or in the classic example, to yell “fire” in a crowded theater. The Second Amendment does not automatically convey the right to everyone to buy or carry firearms. Gun laws limit sales of all guns to those over 18, and the sale of some guns only to those over 21. Various gun laws place limits on where you can carry firearms – not within businesses which ban guns, for example, not on the grounds of schools or universities which ban guns, not within churches that gun bans, and perhaps most interestingly, privately owned guns must be licensed on military bases and cannot be publicly carried even by the soldiers or sailors stationed there.

So, what happens when you combine the two rights? Did Alex Pretti have a Second Amendment right to carry a firearm while he exercised his First Amendment right to protest in the streets of Minneapolis? Not according to DHS Secretary Kristi Noem and her designated Gestapo leader, Border Patrol chief Greg Bovino, who before even a minute had been devoted to investigating the shooting of Pretti, accused him of being bent on inflicting “maximum damage and massacre law enforcement” simply because he was carrying a legally licensed semiautomatic pistol and “two magazines.”

What we have from Trump, Noem, Attorney General Bondi, and Bovino is an anti-Second Amendment presumption that anyone who chooses to legally carry a handgun at a demonstration is doing so with ill intent. And yet the Second Amendment makes no demand of intent on gun owners or gun carriers. The Second Amendment Right to “keep and bear arms” is not abridged by a requirement that one’s heart be pure and one’s behavior be unblemished. Gun rights advocates have gone into court repeatedly to argue that people who have been convicted of crimes such as domestic abuse should still have the right to own guns under the Second Amendment. Insurrectionists convicted of violent January 6 crimes such as beating police officers had their gun rights restricted after felony convictions. And yet Trump restored those gun rights with his pardons of violent felons convicted of January 6 crimes.

Let’s examine the case of Alex Pretti. There are numerous photographs of Pretti with his cell phone, confronting ICE or Border Patrol officers on the street in Minneapolis. We now know that when those photos were taken, he had his firearm with him, a 9-mm Sig Sauer pistol. There is no evidence that he had drawn his gun while he took cell phone videos of the action on the street. Nor is there evidence that once he was assaulted by federal agents, that he reached for his gun and “brandished” it, as he was charged with doing by at least one Trump administration official.

As ICE agents were pinning him to the ground and hitting him repeatedly – one agent was hitting him with the butt of a can of pepper spray – when his gun was discovered and removed from him, an agent called out “Gun!” and agents began shooting at him. He died from those gunshot wounds.

By the evidence as seen in cell phone videos, and according to the analysis done by the New York Times and CNN, Alex Pretti was killed because he was carrying a firearm. No agents pulled their weapons while they were attempting to pin him to the ground facedown. They didn’t pull their guns when they were shooting pepper spray at him. They didn’t pull their guns as Pretti struggled to get back to his feet.

They pulled their guns and fired them only after Pretti’s firearm had been taken away from him by one of the federal agents.

So, what are we to conclude from the circumstances surrounding Pretti’s killing? What the Department of Homeland Security and the Department of Justice apparently want us to conclude is that it is legal for ICE and Border Patrol agents to carry guns, but it is not legal for civilians on the streets of Minneapolis to carry guns.

But that is not true. The NRA and other gun rights groups have been screaming for years that citizens should have what amounts to an unfettered right to publicly carry all manner of firearms, from semiautomatic pistols to AR-15 style assault rifles. Gun rights groups want people to have the right to carry concealed weapons and openly displayed weapons. They want that right to be absolute, without the requirement for a license to carry. In some states, gun rights advocates have been successful in getting laws passed allowing exactly that – no license, no training, no safety inspection, nothing is required for people to have open or concealed carry firearms.

What has happened in this country is that the advocates for Second Amendment rights have outstripped any and all practical considerations when it comes to enforcing the law. There is, in fact, no doctrine to deal with free-for-all gun ownership by American citizens. The gun advocate slogan, “The solution to a bad guy with a gun is a good guy with a gun” has been shown to be patently ridiculous.

Who was the “good guy” in Minneapolis yesterday? Law abiding Alex Pretti, who obtained a license to publicly carry a firearm? Or ICE agents who were authorized by federal law to carry firearms in the carrying out of their duties?

It is becoming obvious that the federal agents on the streets of Minneapolis have not received adequate training. They don’t know what the law is. They violate common law enforcement practices every day. With the shooting deaths of two civilians in the space of two weeks, it is clear that their “use of force” training was either poor or non-existent.

By the evidence, I don’t think it’s possible to adequately train someone to deal with the wild west we have created with the Second Amendment madness of unrestrained gun ownership and public display of firearms. Military training is different. Soldiers are trained to understand that in warfare, they will face an armed enemy who is trying to stop them and kill them. Still, soldiers have use of force training. In Iraq and Afghanistan, soldiers were trained that that they could not shoot at a civilian simply because they suspected him or her of being armed or outfitted with a suicide vest. Some action indicating that they were about to shoot or detonate a bomb had to be taken before soldiers could shoot at them.

ICE and Border Patrol agents appear to have gotten their use of force training from watching TV shows. On cop shows, when an officer shouts “Gun!” everyone starts shooting. But that is not the way it works on the ground with well-trained law enforcement officers. Officers don’t have to wait until they have been fired at to shoot back at a suspect, but if a suspect has a gun that is visible, the suspect must show an intent to fire at officers in order for them to discharge their firearms to prevent the suspect from shooting.

None of these circumstances were present with Alex Pretti.

There are many, many problems with the thousands of ICE and Border Patrol agents who are on the streets of Minneapolis. But the biggest problem appears to be that they are being given free dispensation by the Trump administration at every level to use violence against protesters even when the protesters are not using violence against them. The assumption by Donald Trump and those who work for him is that everyone in Minneapolis, especially protesters in the street, is the enemy, and they should be treated accordingly.

The descriptions of Alex Pretti by Trump and Noem and Bovino are of an enemy in a war. They regularly describe what is going on in the streets as an “insurrection,” and protesters as “insurrectionists.”

In the case of Renee Good, who did not have a gun, Trump administration officials have tried to describe her car as a weapon she was wielding against ICE agents. In the case of Alex Pretti, when they discovered that he had a gun, they used that fact as a justification for killing him, even after his guy had been taken away from him.

But you can’t have it both ways: You can’t have a Second Amendment right to carry a gun that applies only to ICE and Border Patrol agents, but not to a civilian who is abiding by Minnesota gun laws. Gun rights are not just for one side but not the other. Trump, however, does not want even the First Amendment to apply to everyone. He wants the right to slander people and tell lies in public and on Truth Social, but when news organizations report negatively about him, or publish polls that he doesn’t like, Trump wants laws passed to make both forms of speech illegal.

The right wing has met its match with the Second Amendment. That’s why they’re fighting so hard to control the investigation of the killing of Alex Pretti. The right wing knows it’s going to blow up all their fantasies about gun rights and all their lies about protests in the streets of Minneapolis. The turning point we’ve reached is larger than we thought. The First and Second Amendments must apply to everyone, or they have no meaning at all.

When will this madness end? I can’t tell you, but I’m going to be keep writing to achieve some sort of peace in the land. To support my work, please consider becoming a paid subscriber.

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DGA51
4 hours ago
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First step in a civil war

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national-guard-Minneapolis-ap-1
Photo: TMZ

This is an image of the Minnesota National Guard moving into Minneapolis to assist local police in enforcing the law. Governor Walz has activated the Guard and announced that National Guard troops will wear high visibility vests over their olive drab and camouflage battle fatigues, and they will not be masked — all of this to distinguish them from ICE and Border Patrol agents who are on the streets of the city and have killed, arrested and pepper sprayed citizens.

What this means is that the people of Minneapolis, the city police, and the Minnesota National Guard will be on one side of the struggle, with agents allied with Donald Trump and his authoritarian regime on the other side.

This is unprecedented in the United States of America, a governor believing that he must use his powers to call up the state national guard in order to defend and protect the citizens of his state from a federal militia that has invaded the city of Minneapolis as if its armed and masked members are an enemy army.

I can’t believe I am posting this column about a civil war happening in an American state. To support my work, please consider buying a subscription below.

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DGA51
4 hours ago
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ICE, Shootings and Credibility

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Obvious as it seems that the string of videos and stories spreading distrust for ICE and Homeland Security agents is spurring widening street protest of deportation policy, apparently it all seems like foreign, made-up stuff to much of MAGA.

It all worsened yesterday with another fatal shooting by federal agents that triggered more dispute, more street confrontations, and more dueling narratives about blame. What all should have been able to agree on immediately is the sole finding that Minneapolis has become a powder keg that requires de-escalation.

If people stick solely to the storylines being promoted in right-leaning media, the stories have not been fully told about citizens being pulled through car windows by masked ICE officers, or  the fatal shooting of a protestor at point blank range or about  agents using a five-year-old as a pawn in a deportation arrest.

Instead, the story consistently being told on Fox and many other sites is one of left-wing “agitators” who are interfering with totally legal Homeland Security efforts to enforce the law in blue cities that seek to hide lawbreakers. Played up are accounts of a resolute Homeland Security effort and allied Justice Department prosecutions of those who would dare to stand in the way, even threatening brave agents flooding Minneapolis and other cities to save us from serious criminals.

In an essay in Salon, Sophia Tesfaye notes that MAGA is “flailing” in learning that there is a significant protest going on because they have not been hearing about its causes, including the use of five-year-old Liam Conejo-Arias, now held somewhere with his father.

“To many Americans, the viral image of a child swept up in an enforcement dragnet is horrifying. Yet in the right-wing media silo, the reaction — if there has been any at all — is not concern but suspicion.”

Another Fatal Shooting

Yesterday’s shooting involved a U.S. citizen, identified as Alex J. Pretti, 37, who was lawfully carrying a 9 mm, semi-automatic handgun in an open carry permit Minnesota.  Pretti had no criminal record other than parking tickets. As in the previous shooting incidents, federal officials were not cooperating with local officials or making themselves available for investigation.

Multiple videos did not back up the Homeland Security explanation from ICE operations chief Greg Bovino who said the agents reacted under fear. Local officials said the circumstances needed investigation by an outside agency.

Federal agents looking to arrest another person saw Pretti approaching to help soimeone they had pushed to the ground. They reacted to seeing his holstered gun by subduing him. Videos showed Pretti held a phone not a gun, and that he showed no confrontational action before at least six agents had Pretti on the ground, striking him with fists. Multiple shots were fired likely from more than one agent.

No one questions that the incident drew a crowd within a half-hour, though there were conflicting reports and lots of live video on whether protesters were “interfering” or “attacking” federal agents.

What you want to believe may depend a lot on who is telling the story. Local officials said it showed federal armies should leave the state. Donald Trump said it showed local officials were “inciting” interference with federal agencies

Patterns of Propaganda

It’s a pattern of this Trump administration to lean on the media for storytelling that matches more with its ideology than that supporting First Amendment examination of what government is doing.

Through FCC pressure, unwarranted lawsuits, ridicule of reporters and expulsion of journalists at the Pentagon and White House who do not agree to promote Trump ideologies, the White House promotes propaganda to seek acceptance only of self-serving explanations. This Trump administration is out to control the message like a fictional Ministry of Truth.

The whole basis of a democracy requires listening to the voters, not the enforced training of voters to hear only what one partisan view of government says it must accept.  The democratization of media voices through internet and social posts, podcasts, alternative media outlets is providing its own check on whatever arrogance is perceived as coming from mainstream news outlets, which continue in most instances to insist on seeking verification and evidence over opinion alone.

Whether immigration, economics, the endless 2020 election loss rewrites, the Trump White House response is the same: Believe only what we are telling you. Documents, sworn testimony, even videos of thuggery in Minneapolis or from Jan. 6, 2021, couldn’t be true if it does not promote Trump. The message in this case is the medium, and it is no wonder that media that do not promote the message are considered enemies.

The problem, of course, is that eventually even the loyalists come to see that there is something seriously wrong with what they are being told. As Trump’s credibility disappears for claiming that some foreign country is paying for tariffs that we pay as a new national sales tax or that jobs are plentiful when they are not, or that supermarket prices are falling when they are rising, it all starts to play out as increased political vulnerability.

Political Consequences

Trump’s net approval among Gen Z voters, especially young men,  has plummeted from positive 10 points in February 2025 to negative 32 points now, a catastrophic 42-point drop in less than a year, according to a New York Times/Siena poll.  While Trump’s approval on immigration was 50-50 among voters in March 2025, now 61% disapprove, including seven in 10 independents who say ICE has gone too far.

Yet, much of the concern about deportation tactics by an army of masked, camouflaged Homeland Security troops is passing by without serious questioning in right-leaning media outlets. There has been little coverage of ICE agents stopping people at random or failure to get warrants before entering homes or the use of tear gas and other chemical irritants against non-violent protesters, who are regularly described as agitators.  Homeland Security offers arguments about the nature of the protests, which become headlines;  often the explanations are at odds with available video of the incident in question.

At some point, it must become apparent that whatever the perceived bias of “mainstream” news sites, the experience of what is being promoted on Fox, Breitbart, Newsmax and lots of right-wing podcasting is at odds with what millions of neighbors are experiencing. In that context, the breakaway of podcaster Joe Rogan to focus on excessive ICE tactics daily now is significant.

Maybe enough confusion will prompt viewers to look at more than one source for news.

FAQ

Why are ICE protests happening in Minneapolis?

Protests escalated after multiple federal enforcement actions, including a fatal shooting of a U.S. citizen and reports of aggressive tactics by masked ICE agents.

What role does media coverage play in the unrest?

Right-leaning outlets often frame protests as left-wing agitation while minimizing or omitting the actions that sparked public outrage, shaping public perception.

Are ICE agents required to cooperate with local investigations?

While federal agents operate under federal authority, lack of cooperation with local or independent investigations has raised serious accountability concerns.

Why is Minneapolis described as a “powder keg”?

The combination of fatal encounters, conflicting official narratives, viral video evidence, and distrust in federal enforcement has made de-escalation urgent.

How are younger voters responding to ICE tactics?

Polling shows sharp declines in approval of deportation enforcement among Gen Z and independents, signaling growing political consequences.


INDEPENDENT NONPROFIT MEDIA NEEDS YOUR SUPPORT. PLEASE CONSIDER A DONATION TODAY.

The post ICE, Shootings and Credibility appeared first on DCReport.org.

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DGA51
7 hours ago
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Yet, much of the concern about deportation tactics by an army of masked, camouflaged Homeland Security troops is passing by without serious questioning in right-leaning media outlets.
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Murder in Minneapolis: It’s even worse than it looked at first

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Alex Pretti before he was murdered today

The New York Times has obtained another video of the killing – let’s call it what it is, the murder – of a man who turns out to be not only an American citizen, but an ICU nurse at the Veterans Affairs hospital in Minneapolis.

The murder victim’s name is Alex Jeffrey Pretti.

As shown in the video below, Pretti appears to be videotaping ICE and Border Patrol agents on the street. As agents begin to use pepper spray on Pretti and another protester, Pretti attempts to drag the protester away from the agent who is spraying the chemical irritant. At that point, five other agents begin dragging Pretti and forcing him to the ground. As the struggle continues, one of the agents can be seen holding a gun that appears to resemble the one DHS says that Pretti was carrying. As Pretti attempts to get to his feet, an agent can be heard yelling that he has a gun. A second or two later, one of the agents can be seen drawing his firearm. He immediately begins shooting at Pretti. The agents begin to scatter away from Pretti. More shots can be heard as Pretti lies prone, face down on the ground. The agents, with guns drawn, are at least 10 feet away from Pretti as the shooting stops.

https://www.nytimes.com/2026/01/24/us/minneapolis-shooting-federal-agents-video.html

The article states that the video has been “verified” by the New York Times and that it “appears to contradict” a statement by DHS Secretary Kristi Noem that Pretti had “committed an act of domestic terrorism.” Pretti is shown holding his cell phone and nothing else in photo captured from a video before the shooting. During the incident, when Pretti is shown attempting to drag the other protester away from the agents shooting her with pepper spray, Pretti has nothing in his hands but his cell phone.

There are multiple reports that Pretti had a valid license to carry a concealed weapon at the time he was killed by the ICE agents. He is not shown drawing or aiming his weapon at any time during any of the videos that are available online.

It appears to me from several viewings of two videos that the agents were pissed off at Pretti for getting in the way as they attempted to shoot pepper spray at him and other protesters. When Pretti started to drag the protester away from the agents, they became further enraged and began to shove him to the ground and hit him. At some point, one of the agents apparently discovered Pretti’s firearm. It appears that when Pretti’s firearm was discovered, one agent drew his gun and began shooting Pretti as he was still on the ground. He was quickly joined by other agents who also shot at Pretti. At no point does Pretti regain his feet or threaten the agents physically. At the time he is first shot, his gun has already been taken by one of the agents. The New York Times reports that 10 shots were fired in all.

I thought the killing of Renee Good would be a turning point, but the Department of Homeland Security muddied the facts surrounding her shooting with lies about what the videos clearly showed – that she did nothing wrong, and was attempting to drive away from the agents who were at the side of her car at the time she was shot with three bullets.

This time, the videos are clearer and, if anything, more damning. They show out of control and poorly trained agents, paid with our tax dollars, murdering an American citizen in cold blood.

The battle lines have been drawn. The Governor of Minnesota and the Mayor of Minneapolis are unified in their condemnation of the killing by ICE agents today of, as the Mayor said at a press conference, one of their “constituents.”

Donald Trump has ordered ICE and Border Patrol agents into Minneapolis as an invading army. He has claimed repeatedly that he “won three times” in Minnesota, when in fact, he lost the three elections for president that were held there. Trump has said, and he acts as if, anyone who did not vote for him is an enemy. Agents from ICE and Border Patrol are clearly being encouraged to act as if the citizens of Minneapolis are not people who deserve respect, but their enemies.

The citizens of Minneapolis are unified and are not going to take another murder by ICE in their city. A video online showed a massive demonstration yesterday in the downtown area of Minneapolis. A crowd completely fills streets for block after block. Have a look:

https://www.facebook.com/share/r/1ZUVaCXZr8/?mibextid=wwXIfr

It has become clear today that people who are demonstrating against ICE in Minneapolis are putting their lives on the line. One of them, an intensive care nurse for the VA, gave his life today.

It is up to us to ensure that the loss of Alex Pretti’s life will not be in vain.

I thought I would be spending today getting ready for the big snow storm. Instead, I’ve been studying the circumstances of yet another murder in Minneapolis. The question, “when will this end?” has been on my mind all day. Please consider supporting my work by buying a subscription. It will be a big help.

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DGA51
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Banning T-Birds: Your Tax Dollars At Work

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If you've been worried that the federal Department of Education Office of Civil Rights has been napping-- fear not. Yesterday they announced that after an investigation, they have determined that Connetquot Central School District in Long Island, NY, has been Very Naughty.

Specifically, they changed their mascot's name from "Thunderbirds" to "T-birds." This was the end result of a lawsuit against the state over the state's rule that schools had to get rid of their Native American mascots. CCSD was one of the districts that sued the state, and the mascot change was part of the eventual settlement of that suit. It was a contentious decision, made just last fall, which Native Americans argued didn't change nearly enough to comply with the state order to drop school mascots based on Native American images, possibly because, as near as I can tell, the change seemed to involve going from a bird to, apparently, a bird with a slightly different name (a name that the school had often used in places where the full name wouldn't fit). It raised enough noise to attract coverage by Sports Illustrated. (This, mind you, is a district that has banned Pride flags.) 

But the feds have declared that this mascot change shall not stand. 

See, New York was already in trouble because the state education department had banned Native American mascots, which touched off a kerfluffle in Massapequa over the school's traditional "Chief" mascot. That earned them a visit from Education Secretary Linda McMahon, some noises of support from Trump, and a so-speedy-one-might-suspect-no-investigating-was-done investigation that determined that the state was violating the Trumpian interpretation of Title VI. Why could some schools call themselves, say, "Dutchmen," but not some kind of Native American (hint: some communities actually include people of Dutch descent). It's a complicated issue, but I suspect that for the Trump regime, it's no more complicated than "White people should get to use Native American imagery as mascots if they want to."

At any rate, CCSD was under "investigation" by the department months before they made a final decision. Almost as if the department was using the threat of an investigation to intimidate the district into a particular decision, a sort of agency level use of Dear Leader's fondness for lawfare and threats of lawsuits to bend opponents to his will.

But the department has now reached their conclusion. The announcement came from Assistant Secretary for Civil Rights Kimberly Richey:

Today, we found Connetquot Central School District in violation of Title VI for erasing its Native American heritage to comply with a discriminatory New York state regulation. We will not allow ideologues to decide that some mascots based on national origin are acceptable while others are banned. Equal treatment under the law is non-negotiable. We expect the District to do the right thing and comply with our resolution agreement to voluntarily resolve its civil rights violation and restore the Thunderbirds’ rightful name. The Trump Administration will not relent in ensuring that every community is treated equally under the law.

Richey's background as announced by the department on her confirmation mentions that she "has consulted for various organizations, including Parents Defending Education, and previously served at the U.S. Department of Education from 2004-2009 under the George W. Bush Administration and more recently under the Trump Administration from 2017-2021." It also calls her a "certified teacher and attorney," though her LinkedIn account shows no signs of an actual teaching job. She has lawyered for the Oklahoma department of education, worked as managing director for federal advocacy and public policy for the National School Boards Association, deputy secretaried for Virginia's department of ed, and served as senior chancellor for Florida's department of education. 

OCR has "offered" the district the chance to sign off on a resolution agreement that would require them to "reverse its discriminatory erasure of Native American imagery by readopting the name 'Thunderbirds' for its sports teams," logos, mascots, etc.

This call to reverse this dreadful "erasure" comes the same week that the Trump administration removed the informational signs about slaves at the President's House in Philadelphia, attempting to erase the memory of Washington's slaves. It is also the week that, of course, the Department of Homeland Security continued its efforts to erase immigrants. So I'm not sure the high dudgeon over erased Native American sports mascots rings very authentically. 

The district has told news media that it is looking at its options. And while some community members think the old Thunderbirds mascot is just fine, Carolyn Gusoff of CBS in New York though to ask an actual Native American.

Chief Harry Wallace of Long Island's Unkechaug Nation disagrees. "It's a total fallacy to say that it honors the Native American people," he said.

He said the imagery is a desecration of their symbols and harms students.

"As they grow up from children into adults, they carry with them that stereotypical image of hurt and harm and shame," he said.

Despite the mention of funding loss in some coverage, the Ed Department release mentions no actual financial threat. Perhaps that is because district leaders and the feds are on the same side, and this is mostly a swipe at the state government. It's a whole situation with no winners. 

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DGA51
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And all this time, I have thought that "Thunderbird" was a Ford.
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Trump has declared war on an American city

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Still from an ICE shooting this morning in Minneapolis. This is horrific.

There are reports online that a man was shot multiple times by ICE agents and has died. The man was on the ground and surrounded by armed agents when he was shot. ICE has flooded the area with agents. They are deploying pepper spray and tear gas indiscriminately. Photos from Minneapolis look like a war zone, not an American city on a Saturday afternoon.

Does this look like a street in the United States on a cold day in January?

Minnesota Sues to Stop ICE 'Invasion' | WIRED
LIVE UPDATES: Federal agents kill man in Minneapolis, protesters tear  gassed - Bring Me The News

We need a nation-wide uprising to protest this outrageous, out of control war against American citizens. Only a week or so ago, Trump was warning Iran to stop killing protesters. Who is going to tell Trump that he has to stop using these masked thugs they’re calling “federal agents” to kill people in the street. Yesterday, they were arresting five-year-old children and using them as hostages. Today, they have their guns drawn and they are shooting at people in the streets of Minneapolis.

We have to find some way to help.

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DGA51
2 days ago
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