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Menendez note that the conduct here is the subject of other litigation: "Isn't the answer to the flood of illegality to fight each illegal act?"

Arguments continue to circle around the anti-commandeering doctrine. Carter notes that one of Bondi's demands was repealing sanctuary jurisdiction laws.

Carter: "This administration is not content with the Rule of Law." The government put "violence on the streets" with "3,000 masked heavily armed agents" engaged in "violent illegal conduct." "That has to violate the 10th Amendment."

Carter calls the surge and violence another method of trying to strong-arm the state to give up voter data, a fight they've lost in the courts. There's a pending fight in MN. "I'm fairly confident that they will lose. They have lost all of these cases."

Carter: "When does pressure become compulsion?" He says that's a fact question.

Carter says there is "open violation of the state's criminal laws," from anti-masking laws and reckless driving to "worse."

Carter turns to the voter roll demand, which they lost in the courts. Per Carter, the government responds: "We don't care. We're going to put violence and chaos in the streets and we're going to force it with illegal conduct." "If THAT doesn't violate the 10th Amendment...."

Carter floats a hypothetical of an anti-gun admin deploying 3,000-4,000 masked federal agents engaging in pervasive, illegal conduct. Under the crime-fighting banner, the gov't says: "If you just legislate, get rid of your carry statute, we'll go away." "It's the same thing."

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Carter: "It is personal animosity. It is retribution. Literally, the President of the United States" said in the middle of this "chaos": "Minnesota, you day of retribution is here." "That's CRAZY. How can that NOT violate the 10th Amendment?"

Carter: "If this is not stopped right here, right now, I don't think that anybody seriously looking at this problem can have much faith in how our Republic is going to go in the future."

Carter: "We just had a leaked memo that rather shockingly suggests that ICE agents can conduct warrantless entries" into people's home. Judge: "I'm not being flip here... but where's the lawsuit on that?"

Judge Menendez says she can't be the "global keeper" of all claims against the ICE surge in Minnesota.

Judge: You're asking me for a TRO. What does it say? I'm not being flip here. What exactly do you think these 10th Amendment claims let me order? Carter: The easiest thing would be to end this Operation Metro Surge.

Carter: This Operation Metro Surge is an illegal means to an illegal end. So just end it.

Judge: "I can detail the number of agents. I can pick and choose about who to arrest[...] I can tell them to take off masks and wear bodycams. I can do all that?!"

Note: The 8th Circuit paused this judge's modest order blocking the federal agents' violation of protesters' rights. Minnesota's requested relief is MUCH more sweeping.

Judge Menendez asks what if she denies a TRO now and develops the record more before the preliminary injunction question. Carter responds that the state needs relief now. 10-15 minute recess

Analysis: Judge Menendez appears skeptical of her power to order immediate relief in this unprecedented situation. But her comments about developing an evidentiary record COULD suggest receptiveness to the state's anti-commandeering args down the line.

Specifically, the argument that the federal government seeks to strong-arm policy aims via the surge.

Judge Menendez questions Brantley Mayers, who's arguing for the Justice Dept.

Judge: The goal of the surge is not to get [the state and cities] to change their policies? Mayers: No, your honor, the goal is to enforce federal laws.

🙄🤬🤬🤬

Someone needs to submit Pam Bondi's ransom note into evidence. This is about getting access to the voter data.

Once a lawyer lies like that...

The judge presses DOJ about Bondi's letter making three demands: How are those not demonstrating that the purpose of the surge is to effect those changes?