Congratulations! It's "Nota" Dream!
One thing that might not stand out to international neighbors is the idea of "a federal case" as colloquy, i.e., you don't make a federal case out of small crimes. To wit, the New York Times↱ headline that the Trump administration is "Making a Federal Case Out of Low-Level Arrests" makes a certain point: "A single afternoon in court illustrated the new ways in which laws are being enforced after President Trump's takeover of the city's police."
Talking Points Memo, meanwhile, offers an update on how that's working out:
This isn't normal; it's not both-sides. In fact, it's the kind of reminder that people who defended Trump voters¹, even into this last election cycle, really were bullshitting the whole time. Not just during the Trump presidencies, but for decades. What is happening now is precisely the sort of dystopia conservatives have long warned and wailed and whined against. And, sure, back when the way of things was small government except for the part that polices what you do in the bedroom and monitors what books you check out from libraries or buy from stores in order to make sure you're complying with the law, or redefine medical terminology to comport with religion, or assert government as a middleman between patients and doctors. Back when they sent Secret Service after a Christian-school student for an anti-war poster in dormitory, we weren't supposed to look the other way, but justify it, but, sure, it would be absolutely improper to allow such things to say anything about conservatives and authoritarianism. It's like when Dennis Miller rolled because someone pointed out the Bush Administration just did the thing. It's not a matter of everyone who disagrees with someone, but, rather, someone went and said or did the thing. In 2004, when Republicans started arresting people for wearing the wrong clothes, that was the kind of thing Cold War generations were taught to fear of commie liberals.
Short form: It kept happening, and twenty years later, here we are, with a conservative Supreme Court having pulled the rug on prior discussions of judicial activism, conservatives asserting state ownership of commerce and industry, military policing the streets, and federal law enforcement making federal cases out of low-level offenses. Think back to some of the conservatives who used to attend our community; we had a moderator, once, who used the same anti-immigrant invading-army rhetoric that turned up in the Trump White House, and then in a mass shooter's manifesto, but the idea that racism was so important to the Republican platform was so easily written off as unfair or improper; by 2021↗, for instance, we were witnessing "the blurring of the boundaries of Critical Race Theory to mean 'anything about race unflattering to white people'", and it wasn't exactly new, but a matter of degrees and what people were willing to say aloud.
NYT reports the increased severity comes in response to "a directive by the U.S. attorney, Jeanine Pirro, to prosecutors to charge the most serious crimes possible in each case and to do so in federal court, where sentences tend to run much longer." Additionally, the article reports on a case that "has been a point of contention inside the U.S. attorney's office, where a number of prosecutors concluded that officers unlawfully searched Mr. Riley when they stopped him, violating the Fourth Amendment", a case that, previously, U.S. Attorneys "would have been likely to dismiss". DoJ, in its way, is trying to adjust to reality, with "one person familiar with the matter … saying that the prosecutors handling the case did not have a full command of the facts" and suggesting U.S. Atty. Pirro, after reviewing arrest footage, ordered the gun charges dismissed.
Prosecutors did not dismiss the charges. But a judge in D.C. did; NPR↱ reports:
The NYT article goes on to observe the judge chastising prosecutors over a drunk and disorderly, and closes with an implicit characterization of what the federal judiciary has become: The judge needed a defense attorney to drive his client to a jail in another jurisdiction because law enforcers were for some reason unable to do so.
The shame of yesterday's notas is the marker↗ we can leave for the future↗: It's one thing to ride the zeitgeist, but pay attention to what the words actually mean if put into practice. Whether for an enemy of an enemy being a friend, or the lunky blindness of anti-identification, or, y'know, whatever, the argument against the argument against always runs like the argument in favor. Or↗, as such↗: If they resent being seen on the trolley with infamy, maybe the important question is why they hopped on this particular line.
Where we are, today, is both what conservatives pretended to struggle against, and what they struggled for, the whole time. Either Republicans betray themselves along with everyone else, or they were insincere the whole time. But they could not have done this all on their own, "they had to be let in"↗.
____________________
Notes:
Barrett, Devlin. "In Washington Crackdown, Making a Federal Case Out of Low-Level Arrests". The New York Times. 24 August 2025. NYTimes.com. 27 August 2025. https://www.nytimes.com/2025/08/24/us/politics/trump-dc-crime-takeover-federal-court.html
Johnson, Carrie. "'The most illegal search': Judges push back against D.C. criminal charges". NPR. 26 August 2025. NPR.org. 27 August 2025. https://www.npr.org/2025/08/26/g-s1-85119/crime-washington-dc-judges-arrests
Kurtz, David. "DC Grand Jury Declines to Indict Sandwich Thrower". Talking Points Memo. 27 August 2025. TalkingPointsMemo.com. 27 August 2025. https://talkingpointsmemo.com/morning-memo/d-c-grand-jury-declines-to-indict-sandwich-thrower
One thing that might not stand out to international neighbors is the idea of "a federal case" as colloquy, i.e., you don't make a federal case out of small crimes. To wit, the New York Times↱ headline that the Trump administration is "Making a Federal Case Out of Low-Level Arrests" makes a certain point: "A single afternoon in court illustrated the new ways in which laws are being enforced after President Trump's takeover of the city's police."
Talking Points Memo, meanwhile, offers an update on how that's working out:
A D.C. grand jury declined to indict the fired DOJ paralegal Sean Dunn who hurled a sandwich at a federal officer during protests against President Trump's hyper-federalization of the nation's capital, the NYT reports.
The incident outside a Subway location (it was reportedly a salami sandwich) came to represent both the intense local opposition to being targeted by Trump on the bogus pretext of out-of-control crime and the overall absurdity of the situation.
Failing to secure an indictment is a relatively rare occurrence because prosecutors control the entire process in front of a grand jury. With few exceptions, prosecutors are not in the business of bringing loser cases to grand juries.
This is the second case in the last week arising out of the Trumpian occupation of the District of Columbia where grand juries have declined to indict felonies. Three different grand juries declined to return indictments against Sidney Lori Reid, accused by prosecutors of injuring an FBI agent near the D.C. jail during the transfer of alleged gang members. U.S. Attorney Jeanine Pirro's office eventually dropped the charge to a misdemeanor, which doesn't require an indictment.
(Kurtz↱)
The incident outside a Subway location (it was reportedly a salami sandwich) came to represent both the intense local opposition to being targeted by Trump on the bogus pretext of out-of-control crime and the overall absurdity of the situation.
Failing to secure an indictment is a relatively rare occurrence because prosecutors control the entire process in front of a grand jury. With few exceptions, prosecutors are not in the business of bringing loser cases to grand juries.
This is the second case in the last week arising out of the Trumpian occupation of the District of Columbia where grand juries have declined to indict felonies. Three different grand juries declined to return indictments against Sidney Lori Reid, accused by prosecutors of injuring an FBI agent near the D.C. jail during the transfer of alleged gang members. U.S. Attorney Jeanine Pirro's office eventually dropped the charge to a misdemeanor, which doesn't require an indictment.
(Kurtz↱)
This isn't normal; it's not both-sides. In fact, it's the kind of reminder that people who defended Trump voters¹, even into this last election cycle, really were bullshitting the whole time. Not just during the Trump presidencies, but for decades. What is happening now is precisely the sort of dystopia conservatives have long warned and wailed and whined against. And, sure, back when the way of things was small government except for the part that polices what you do in the bedroom and monitors what books you check out from libraries or buy from stores in order to make sure you're complying with the law, or redefine medical terminology to comport with religion, or assert government as a middleman between patients and doctors. Back when they sent Secret Service after a Christian-school student for an anti-war poster in dormitory, we weren't supposed to look the other way, but justify it, but, sure, it would be absolutely improper to allow such things to say anything about conservatives and authoritarianism. It's like when Dennis Miller rolled because someone pointed out the Bush Administration just did the thing. It's not a matter of everyone who disagrees with someone, but, rather, someone went and said or did the thing. In 2004, when Republicans started arresting people for wearing the wrong clothes, that was the kind of thing Cold War generations were taught to fear of commie liberals.
Short form: It kept happening, and twenty years later, here we are, with a conservative Supreme Court having pulled the rug on prior discussions of judicial activism, conservatives asserting state ownership of commerce and industry, military policing the streets, and federal law enforcement making federal cases out of low-level offenses. Think back to some of the conservatives who used to attend our community; we had a moderator, once, who used the same anti-immigrant invading-army rhetoric that turned up in the Trump White House, and then in a mass shooter's manifesto, but the idea that racism was so important to the Republican platform was so easily written off as unfair or improper; by 2021↗, for instance, we were witnessing "the blurring of the boundaries of Critical Race Theory to mean 'anything about race unflattering to white people'", and it wasn't exactly new, but a matter of degrees and what people were willing to say aloud.
NYT reports the increased severity comes in response to "a directive by the U.S. attorney, Jeanine Pirro, to prosecutors to charge the most serious crimes possible in each case and to do so in federal court, where sentences tend to run much longer." Additionally, the article reports on a case that "has been a point of contention inside the U.S. attorney's office, where a number of prosecutors concluded that officers unlawfully searched Mr. Riley when they stopped him, violating the Fourth Amendment", a case that, previously, U.S. Attorneys "would have been likely to dismiss". DoJ, in its way, is trying to adjust to reality, with "one person familiar with the matter … saying that the prosecutors handling the case did not have a full command of the facts" and suggesting U.S. Atty. Pirro, after reviewing arrest footage, ordered the gun charges dismissed.
Prosecutors did not dismiss the charges. But a judge in D.C. did; NPR↱ reports:
Veteran defense lawyers and law enforcement experts have been warning about the potential for overreach since the federal government muscled its way into policing decisions in the nation's capital nearly three weeks ago.
Inside the federal courthouse in Washington, D.C., on Monday, those tensions broke into open court.
"It is without a doubt the most illegal search I've ever seen in my life," U.S. Magistrate Judge Zia Faruqui said from the bench. "I'm absolutely flabbergasted at what has happened. A high school student would know this was an illegal search."
The judge said Torez Riley appeared to have been singled out because he is a Black man who carried a backpack that looked heavy. Law enforcement officers said in court papers they found two weapons in Riley's crossbody bag — after he had previously been convicted on a weapons charge.
The arrest — and the decision to abandon the federal case — come at a time of heightened scrutiny on police and prosecutors in the District of Columbia.
Inside the federal courthouse in Washington, D.C., on Monday, those tensions broke into open court.
"It is without a doubt the most illegal search I've ever seen in my life," U.S. Magistrate Judge Zia Faruqui said from the bench. "I'm absolutely flabbergasted at what has happened. A high school student would know this was an illegal search."
The judge said Torez Riley appeared to have been singled out because he is a Black man who carried a backpack that looked heavy. Law enforcement officers said in court papers they found two weapons in Riley's crossbody bag — after he had previously been convicted on a weapons charge.
The arrest — and the decision to abandon the federal case — come at a time of heightened scrutiny on police and prosecutors in the District of Columbia.
The NYT article goes on to observe the judge chastising prosecutors over a drunk and disorderly, and closes with an implicit characterization of what the federal judiciary has become: The judge needed a defense attorney to drive his client to a jail in another jurisdiction because law enforcers were for some reason unable to do so.
The shame of yesterday's notas is the marker↗ we can leave for the future↗: It's one thing to ride the zeitgeist, but pay attention to what the words actually mean if put into practice. Whether for an enemy of an enemy being a friend, or the lunky blindness of anti-identification, or, y'know, whatever, the argument against the argument against always runs like the argument in favor. Or↗, as such↗: If they resent being seen on the trolley with infamy, maybe the important question is why they hopped on this particular line.
Where we are, today, is both what conservatives pretended to struggle against, and what they struggled for, the whole time. Either Republicans betray themselves along with everyone else, or they were insincere the whole time. But they could not have done this all on their own, "they had to be let in"↗.
____________________
Notes:
¹ The "nota" phenomenon, i.e., "not a racist", "not a misogynist", "not a conservative", &c., has long been a ridiculous, self-denigrating pretense only enforced by numbers and will. But for so many people who were not a something, but defended it against imagined liberal offenses, that thing they were defending has shown itself to be what it was; it's one thing to be embarrassed, but if one responds to that self-inflicted denigration by tripling down and hardening resolve, they're not a nota. The notaracists must, at some point, acknowledge the durable value of white supremacism in the conservative politic; the notamisogynists must, at some point, acknowledge that history led to where they were told it would; and the notaconservative antiliberals are between the rock and hard place of either acknowledging that all of the alternatives, the other reasons for supporting rightism, they pretended on behalf of conservatives have fallen away, or pretending they can't figure it out. It's nota circumstance we should envy.
Barrett, Devlin. "In Washington Crackdown, Making a Federal Case Out of Low-Level Arrests". The New York Times. 24 August 2025. NYTimes.com. 27 August 2025. https://www.nytimes.com/2025/08/24/us/politics/trump-dc-crime-takeover-federal-court.html
Johnson, Carrie. "'The most illegal search': Judges push back against D.C. criminal charges". NPR. 26 August 2025. NPR.org. 27 August 2025. https://www.npr.org/2025/08/26/g-s1-85119/crime-washington-dc-judges-arrests
Kurtz, David. "DC Grand Jury Declines to Indict Sandwich Thrower". Talking Points Memo. 27 August 2025. TalkingPointsMemo.com. 27 August 2025. https://talkingpointsmemo.com/morning-memo/d-c-grand-jury-declines-to-indict-sandwich-thrower