Protest is a constitutional right

January 17, 2025

ABUSE OF POWER

Protest is a constitutional right Federal agents are using increasingly aggressive tactics against protestors in Minnesota, where a woman was fatally shot in the head by an ICE agent last week. The Minneapolis City Council president has said that the federal crackdown “feels like a military occupation.” President Trump is threatening to invoke the Insurrection Act and deploy the military to Minnesota in response to the protests. To do so would be an unacceptable, authoritarian abuse of power that would only further endanger the lives of protestors, troops, and federal agents alike. It is a fundamental American right to disagree with and criticize our government. Congress and the courts must prevent this egregious abuse of power.

POGO has long warned Congress that the Insurrection Act is ripe for abuse. S.2070 The Insurrection Act of 2025, introduced by Senator Richard Blumenthal (D-CT) last summer, would effectively rein and reform the outdated and dangerous law — we urge Congress to pass this crucial and timely legislation. As part of the investigation into the shooting of Renee Nicole Good, the FBI is investigating the victim’s ties to activist groups. Six Justice Department prosecutors quit over the investigation’s focus on the victim and her family rather than the agent who killed her. Minnesota and Illinois both sued to block operations in their states this week.

POGO INVESTIGATES

ICE Inspections Plummeted as Detentions Soared in 2025

(Photos: Getty Images; Illustration: Ren Velez / POGO) The number of ICE detention facility inspections dropped by 36.25% in 2025, even as detention rates — and deaths in ICE custody — surged across the nation. Read more on pogo.org.  Inside One of the Border Patrol’s Most Violent Sectors Ajo Border Patrol Station in Why, Arizona, December 15, 2023 (Photo: Ash Ponders) Texts and records reveal how Border Patrol agents in southern Arizona privately talk about use of force and accountability — and how to avoid discipline. Read more on pogo.org.

CHECKS AND BALANCES

This is a dereliction of duty

After express threats from President Trump, two of the five Republican senators who voted across party lines to advance the war powers resolution to block escalation in Venezuela flipped and prevented the bill from even getting a final vote in the Senate. This is the fourth time Congress has killed legislation that would prevent any more unauthorized military action in Venezuela. Calling this a disappointment is not enough: It’s a dereliction of constitutional duty. The administration has been so emboldened as to capture the sitting ruler of a foreign country. Your representatives should not be waiting for worse to happen before they recognize the gravity of the situation. When they cede their power, they’re also ceding yours. Reasserting its war powers should be an obvious first step for Congress. But there is more it can and should do. “It could restrict the use of funds for military operations in Venezuela. It absolutely should conduct rigorous oversight... Should Congress decide it is warranted, it also has the power of impeachment,” writes POGO’s David Janovsky.

Intimidation tactics

Trump is further wielding the Justice Department against his political enemies, as the DOJ is now investigating five lawmakers who appeared in a social media video urging members of the military and intelligence community to follow through on their obligation to reject illegal orders. Senator Mark Kelly (D-AZ) is suing the Pentagon over its attempts to demote him from his retired naval captain rank for the very same video. These are partisan attacks against lawmakers who were exercising their right to free speech, a hallmark of authoritarianism. The Department of Justice also opened an investigation into Federal Reserve Chair Jerome Powell this week, after months of pressure from the president to lower interest rates. Powell responded by calling the inquiry an attempt to intimidate the Federal Reserve into changing interest rates. The FBI searched the home of a Washington Post reporter as part of a crackdown on press leaks. “There is nothing illegal about urging service members to follow the letter of the law. In fact, what these members of Congress did — exercise their right to free speech to defend the Constitution — is the definition of patriotism. Our nation is safer when we have a military that understands its oath is to the Constitution, and not any one political party,” says POGO’s David Janovsky.

FOLLOW THE MONEY

Phony “ban” will not fool us

(Photo: Getty Images; Illustration: Leslie Garvey / POGO) As we noted earlier this week, a bill was introduced in the House that is a congressional stock trading ban only in name. The legislation is headed for a floor vote, and Congress needs to hear from you to know that this weak political ploy does not fool anyone. The Stop Insider Trading Act would only protect the status quo and keep allowing legislators to cheat the system for their own financial gains. If Congress is serious about regaining the public’s trust — and it should be — it must put its weight behind the Restore Trust in Congress Act: a genuine, comprehensive, and bipartisan bill that would actually ban insider trading. ACT NOW Tell Congress to Reject the Sham Congressional Stock Trading “Ban”: We’ve never had a better opportunity to pass a strong, enforceable ban on congressional stock trading. Sadly, some members of Congress think they can pull a fast one on us by passing a weak bill that only pretends to solve this problem. Now is the time to make your voice heard.

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