Brad Lander’s Stand
As ICE agents dragged Brad Lander, the New York City comptroller and a candidate for mayor, down the hallway of a federal courthouse this week, he repeatedly—and politely—asked to see their judicial warrant. Lander had locked arms with an undocumented man he identified as Edgardo, and refused to let go. Eventually, the ICE agents yanked Lander away from the man, shoved him against a wall, and handcuffed him. Lander told them that they didn’t have the authority to arrest U.S. citizens. They arrested him anyway.
The courthouse is only a few blocks away from the one where Donald Trump was convicted last year of 34 felony crimes for falsifying business records. His supporters painted the criminal-justice process as a politically motivated witch hunt. But none of them seems to mind now that masked ICE agents are lurking behind corners in the halls of justice to snatch up undocumented migrants who show up for their hearings. This was not the first time Lander had accompanied someone to the courthouse, and it wouldn’t be his last.
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The Department of Homeland Security claimed that Lander had been “arrested for assaulting law enforcement and impeding a federal officer.” The whole thing is on video, so anyone can see that there was no assault. Lander is about as mild-mannered a politician as they come. Matt Welch, a libertarian blogger and no fan of Lander, wrote on X that the only things Lander had ever assaulted were “Coney Island hot dogs and school-zone speed limits.” He’s the kind of old-fashioned elected official who doesn’t much exist anymore, the kind you see at public-library events or can call when your kid’s day care is shut down and know he’ll actually do something about it. A different kind of politician would have milked the attention for all it was worth. But if Brad Lander were a different kind of politician, he might be first and not third in the polls. “I did not come today expecting to be arrested,” he told reporters after being released. “But I really think I failed today, because my goal was really to get Edgardo out of the building.”
People who are used to living in a democracy tend to find it unsettling when elected officials are arrested, or thrown to the ground and handcuffed for asking questions at press conferences. They don’t like to see elected officials indicted for trying to intervene in the arrest of other elected officials. And they find it traumatizing when, as has been happening in Los Angeles and elsewhere, they see law-abiding neighbors and co-workers they’ve known for years grabbed and deported.
The question now is what Americans are going to do about it.
Los Angeles has offered one model of response. Although Trump campaigned on finding and deporting undocumented criminals, in order to hit aggressive quotas, ICE has changed its tactics and started barging into workplaces. Citizens have reported being detained simply because they look Hispanic. Residents of one Latino neighborhood recorded ICE officers driving in an armored vehicle. Many residents felt that the raids were an invasion by the president’s personal storm troopers, and marched into the streets in response.
The first groups of protesters were organized by unions, but soon, other Angelenos—of many ages and backgrounds—joined them. Most of the protesters were peaceful, chanting and marching and performing mariachi around federal buildings in downtown L.A. But others were not. They defaced buildings with graffiti and summoned Waymos, the driverless taxis, in order to set them on fire.
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The right seized on a chance to reinforce the narrative that California is in the grip of dangerous radical-left activists, categorizing the protests as “violent riots.” Trump overrode Gavin Newsom, the governor of California, to deploy the National Guard, and sent in Marines to protect ICE officers. Of course, that meant only that more Angelenos came out to protest. There were arrests and rubber-coated bullets and clouds of tear gas.
I would have thought that the reaction to the protests from anyone outside the MAGAverse would have been pretty uniform. Democrats have been warning Americans for years about Trump’s descent into authoritarianism. Now it is happening—the deportations, the arrests, the president’s face on banners across government buildings, the tank parade. “Democracy is under assault right before our eyes,” Newsom said. And yet, so many Democratic leaders, public intellectuals, and members of the media seemed distinctly uneasy about the protests. Yes, they seem to say, ICE has been acting illegally, but what about the Waymos?
In The Washington Post, David Ignatius fretted about protesters waving Mexican flags and wondered if the “activists” were actually working for Trump. Democratic leaders were “worried the confrontation elevates a losing issue for the party,” The New York Times reported. Politico raised a more cynical question: “Which Party Should Be More Worried About the Politics of the LA Protests?”
Many Democrats denounced vandalism while supporting the right to protest. But the Democratic Senator John Fetterman of Pennsylvania was harsh in his criticism of the protesters, lamenting that the random acts of violence and property damage by a few bad actors would cause Democrats to lose the “moral high ground.”
There is a time for politicians to fine-tune a message for maximum appeal. But this is a case of actual public outrage against the trampling of inalienable rights. This is not a fight for the moral high ground; this is a fight against authoritarianism.
Democrats made themselves hoarse warning against the threat to democracy Trump’s second term would present. They invoked autocracy and even fascism to stir the public to keep Trump out of office. Obviously, it didn’t work. But that threat is no longer abstract. It’s now very real. And for all the speeches imploring Americans to save democracy at the polls, the Democratic establishment seems remarkably tepid about supporting Americans defending democracy in the streets.
Yes, Democrats would have an easier time in the court of public opinion if no protester ever picked up a can of spray paint. And certainly, setting cars on fire is not good. I myself would love to have a nice, quiet summer. But I want to save our democracy more. We can’t afford to get distracted for even a moment by the excesses of a few protesters, which are vanishingly small compared with the excesses of the president of the United States.
Defending liberty is a messy business: You might remember all that tea tossed into Boston Harbor. The phrase “Rebellion to tyrants is obedience to God” was once considered for the Great Seal of the United States. (Thomas Jefferson adopted it for his own seal at Monticello.) And yet, although the civil-rights movement is remembered for Martin Luther King Jr.’s civil disobedience, the movement included riots and armed activist groups. Violent protests, such as the Oakland riots of 1967, were a significant part of anti-draft and anti–Vietnam War movements. Their violence did not invalidate the causes those earlier movements sought to advance, any more than the property damage caused by a few activists today invalidates the claims of the great majority of peaceful protesters. Historically, protest movements are seen as “civil” only in retrospect.
For a party that you’d think would be fighting with everything they’re worth, Democrats seem remarkably focused on preserving the status quo. Even after the loss of the presidency and both houses of Congress, Democrats won’t shake anything up. Despite her popularity, Representative Alexandria Ocasio-Cortez has been kept out of any committee-leadership position. David Hogg, the young anti-gun activist, was ousted from his position as vice chair of the Democratic National Committee after he announced his plan to back primary challengers against older Democratic incumbents in hopes of breathing new life into the party.
Earlier this week, Trump announced on Truth Social that he had directed ICE to focus on what he sees as enemy territory: Democratic-leaning cities that have “turned once Idyllic Towns into scenes of Third World Dystopia.” New York and L.A. are both sanctuary cities—they have passed laws pledging to limit their cooperation with federal immigration authorities. We shouldn’t be surprised to see more citizens of these cities stepping up to protect their neighbors and their communities.
That is exactly what Lander was attempting to do when he was arrested. “This is part of what authoritarians do,” Lander told Democracy Now following his release. “Our challenge is to find a way to stand up for the rule of law, for due process, for people’s rights, and to do it in a way that is nonviolent and insistent, demands it, but also doesn’t help them escalate conflict.”
Lander’s clarity in this moment makes him a rarity, even in the highest levels of the Democratic Party. Last Saturday, when an estimated 5 million Americans protested the Trump administration and New Yorkers marched up Fifth Avenue, two of New York’s most powerful elected officials, Hakeem Jeffries and Chuck Schumer, the minority leaders of the House and the Senate, were in the Hamptons, dining on bavette and chilled English pea soup to celebrate the marriage of the megadonor Alex Soros to Huma Abedin, Hillary Clinton’s longtime aide. Meanwhile, Lander was out in the streets, side by side with his constituents.
A few days later, leaving the courthouse, he assured New Yorkers that he was fine, his only lasting damage a button torn from his shirt as a result of ICE’s rough treatment. But, he warned, “the rule of law is not fine, and our constitutional democracy is not fine.”