Once again, Fox News senior judicial analyst Andrew Napolitano had to break it to the Fox News audience that Trump's secret police are engaged in unconstitutional behavior.
They can't supplement or replace the police. They can't go throughout the streets and say, ‘Hey, you’re committing a crime. We’re going to arrest you.’”
They certainly can't do what they have been doing in Oregon, which is arresting people without a warrant and without probable cause, holding them for a few hours and then letting them go. So they have to be restrained and they have to confine their activity to the federal property.
Their law enforcement duties must absolutely be confined to the protection of federal assets, so says the Constitution, which leaves the general police power in the hands of the cities and states and not the federal government.
And they have to wear uniforms that identify them. They can't wear fatigues with a piece of tape that says ‘police.’ Why not? Because if you have an encounter with one of them, you are entitled to know the name of the human being with whom you are having an encounter.
They can't get in the slippery slope of gradually enforcing local law and gradually replacing police.
I understand the president's motivation and I share some of it. Two of these cities, Seattle and Portland, are a mess, but they have chosen political leaders who want it to be a mess and the way to clean it up is through the political method not through the use of federal force.
Of course, the purpose of the segment was to enthrall Fox viewers with more B-roll of "Antifa violence" to gin up terror of "the Left" coming for their guns and daughters. Running footage of the same guy with a spray paint can over and over again, signals to their nursing home viewership that LITERALLY THOUSANDS of masked revolutionaries are on their way to their front door, the end.
