32 Comments
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Rosanne Masone's avatar

I have always felt that the Democrats are the only party that follows the rule of law. And that Republicans have been trampling the American people since the beginning of this reign with Trump. This information is what I’ve always felt in my heart, that we can prosecute that we can do something to stop this marauding administration. If it has to come from the states, then we need to buffer up the states to get them to agree and move forward with these lawsuits and put these people in jail. They should not be allowed to run rampant like this with no oversight with no guard rails. That’s just a made up thing. The constitution doesn’t allow it. They feel the constitution doesn’t apply to them but it sure as hell does! It’s time to take back the reins of this wagon and turn it around to save our country. Thank you for printing all of this.

Mike Gelt's avatar

You’re right — governors and state attorneys general do have the authority to investigate, arrest, and prosecute when laws are broken within their states. Yet we continue to see hesitation where decisive action is needed most.

While Attorney General Ellison has taken important steps through lawsuits challenging this administration, legal filings alone are not enough. Accountability cannot stop at court briefs and press conferences. When lives are lost, justice demands action.

I am still waiting for Ellison and County Attorney Moriarty to step forward and bring charges against the agents responsible for the killings of Good and Pretti. If states truly intend to defend their residents and uphold the rule of law, then enforcement must follow rhetoric.

The question is no longer whether they can act — it’s why they haven’t. What are they waiting for?

Robin Birdfeather's avatar

It appears that they may be waiting to somehow feel 'safer' before they do their actual jobs. Wimps. Meanwhile the so-called safety is disappearing faster than we can even keep up, thus is eating away the very necessary opportunity that these legal entities we voted for should be doing. It's the law people! Make It Count. Support the folks who actually do it right. Speak up speak out.

ScarletM's avatar

Their jobs are safe in gerrymandered districts. They don't have to do anything at all to be re-elected; they only have to be Democrats.

Mike Gelt's avatar

If they do not do the job gerrymander or not they won’t be safe if the people are not happy

Tom Halstead's avatar

Elective acquiescence in the face of entrenched resistance at any level, by any capable party, is itself a measure of corruption. We are currently plumbing the depths of same.

Joonbug's avatar

If anyone wants it, here is a letter script for your officials created using Christopher's article.

---------------------------------------

I am writing as your constituent to put you on notice of a clear expectation: that you will exercise the full scope of your prosecutorial and executive authority whenever state law has been violated, regardless of whether the person responsible holds federal office or employment.

I understand that you may have operated under the assumption that federal misconduct is a federal matter. That assumption has no legal foundation. State prosecutors have criminal jurisdiction over crimes that harm their residents, wherever those crimes originate. The Supreme Court reaffirmed dual sovereignty as recently as 2019 in Gamble v. United States. Justice Holmes confirmed in Johnson v. Maryland (1920) that a federal employee does not obtain general immunity from state law simply by virtue of their employment. Courts apply a two-part test — conduct must be authorized by federal law and go no further than necessary — before any immunity attaches. Conduct that falls outside either prong is subject to state prosecution. A conviction is a state conviction. No presidential pardon touches it.

State RICO statutes reach criminal enterprises that operated within state borders. State bribery and corruption statutes reach conduct that federal law now explicitly leaves to states, as the Supreme Court made clear in Snyder v. United States (2024). Jurisdiction over digital crimes, fraud, and privacy violations follows the victim. Obstruction of a state criminal investigation is itself a state crime, and it attaches to the specific individual who chose to obstruct.

This authority is not optional. Every governor, attorney general, and state official swears an oath under Article VI to support the Constitution — not federal directives, not Department of Justice policy memos, and not the preferences of whoever currently administers the executive branch. Alexander Hamilton wrote in Federalist No. 28 that when representatives betray their constituents, the recourse lies in the independent authority of rival sovereigns. James Madison confirmed in Federalist No. 51 that the division of power between state and federal governments was designed precisely so that each would check the other. That structure exists. That authority is yours. It has not been taken away.

I am aware that exercising this authority is not without risk. I have watched what was done to officials who tried. That awareness does not change the constitutional obligation you accepted when you took your oath, and it does not change what I am asking of you.

I am asking you to:

1. Review what jurisdiction your office holds over any federal conduct that has produced harm within our state's borders.

2. File charges based on the evidence available, without waiting for federal cooperation that will not come.

3. Refuse to extend deference to federal actors that you would not extend to local officers engaged in the same conduct.

4. Stand behind your jurisdiction in court and appeal adverse rulings rather than withdraw.

You were elected to enforce the law. The laws exist. The authority exists. The constitutional obligation exists. I expect you to use it.

Robin Birdfeather's avatar

Many thanks to you for this summation. It definitely makes language available for everyone to use.

Joonbug's avatar

You are very welcome.

Mycelium Networks's avatar

Hi, just a quick question. As for sending the above letter to state politicians, what are the preferred office holders to target?

* attorney general

* governor

* state senators

* state congress people (my rep or all reps)

* all above

Thank you.

Joonbug's avatar

I sent it to all my reps! Thanks you for participating.

Marilyn Kohn's avatar

I could use some help copying Joonbug's letter to put in email communications. when I use the long press it just hides the comment. not useful.

does anyone have tips?

Christopher Armitage's avatar

Try on a desktop computer/laptop

Marilyn Kohn's avatar

thank you!

Joonbug's avatar

I click and drag on whatever my device.

User's avatar
Comment deleted
Apr 3
Comment deleted
Joonbug's avatar

Thanks a bunch, Teresa - you are doing great!

Terrance Ó Domhnaill's avatar

And that is what's fundamentally wrong with the United States. The money and power that their system of government awards those who follow the party line, regardless of the legalities. It's always been there but now, under Trump, it's out in the open. The only rule of law anymore, is whatever the current leaders say sit is. The constitution is now just a faded piece of parchment in the museum, much like the Declaration of Independence. it's just another historical document with little hold over the U.S. government and the rule of law.

The United States gave up following the rule of law decades ago under Teddy Roosevelt. He was the first president that decided that he needed the rest of the world to be put on notice with his great white fleet, that the United States could do whatever it want's whenever it wants and no one would dare to challenge that. It became even worse after WWII.

The U.S. needs a major federal government reset back to the vision of the founding fathers. Clean the slate and start over, with better guard rails.

SUE Speaks's avatar

If humanity survives, it may be from this work that Christopher Armitage is doing. Many are good at documenting the atrocities of the day, but few go beyond that, as he does, to deal with how to address them!

Pat Dixon's avatar

Saw you on Laura Flanders and Friends, with a NYC housing activist, and felt so encouraged by your explanations about the current disastrous political scene that I'm going to send the video to a young relative participating in the Minneapolis demonstrations. She could use that encouragement. I'm a Canadian, but anyone who thinks the fascist wave will stop at the border has not studied how it moved in Europe in World War Two. Thanks for your brilliant thinking and speaking!!

Christopher Armitage's avatar

Appreciate it, Pat! Special thanks to your young relative as well 🌲🌲🌲

Jessie Ayani's avatar

Not on topic but for a future discussion - the pros and cons of an elected US Attorney General vs. an Attorney General appointed by the elected president as it now stands.

Joonbug's avatar

Another beautiful piece, Christopher. Thank you so much for everything you fo.

Dan Brown's avatar

We cannot wait until the elections to bring the criminals to justice and begin to heal the severe damage that this lawless administration has done. Our international reputation and relationships are wrecks and lawlessness, greed, and corruption are rampant at the national level. Even defeating the lawless at the election will not cleanse the slate.

Dr.J at Common Sense Medicine's avatar

I think we need a new approach. Let’s start a new political party. Let’s call it ANTIFA. A leading policy is moving power down, starting with restoring the Constitutional ratio of 1 to30,000 for representatives. That, by itself, would resolve gerrymandering, the need for campaign finance, and, because the reps would need to stay home, it would open our communities to politics and ethical candidates known to their constituents.

Richard Quadrino's avatar

Amen, Chris.

Quite frankly, I don’t understand the fear that state officials have in pursuing a criminal case against a federal agent. You’re absolutely right: they’re making a choice to not prosecute. There is no bar to them taking criminal prosecutorial action.

I would go so far as to say that a state could indict and prosecute a sitting president for a crime that is committed within the state.

Even if the case ultimately fails, it needs to be brought. It sends a signal.

One of the main purposes of a sentence meted out to a convicted person is “general deterrence,” meaning that it can cause hesitation or even stop others from committing the same crime.

Terri Bolsinger's avatar

Well written article as always!!! Thank you ☺️ 💙🕯️💔🦋❤️‍🩹💰✈️☮️🤘💃🇺🇸🦅💯⛽️✊🐉✌️🔔🎵🎶📢💙

Robert Jaffee's avatar

Unfortunately, when SCOTUS is in on the grift and has been destroying this nation by a slow, painful death by a thousand judicial cuts; there isn’t an easy fix, even if we had politicians with the will and courage to try.

Moreover, money in politics. Bush v Gore. Gutting of The Civil Rights Bill. Presidential immunity. Slow rolling two criminal indictments against a former president—one for treason (documents). And allowing Trump to destroy every federal institution with impunity; while not ruling on the merits of the cases.

None of this is happening by circumstance. It appears to be a well planned and deliberate plan of action that’s metastasized into an international coalition of depraved and powerful oligarchs and kleptocrats alike; aligning themselves with religious political parties and leaders throughout Europe, Israel and the United States.

Not to mention, how do we get justice when Blanche is worse; he’s Trump’s henchman who put Ghislaine in Club Fed and is withholding a 69 page FBI indictment. Does anyone actually expect justice in any sense of the word?

If we’re going to solve this issue, we need to understand the full picture.IMHO..:)

Janet W’ley's avatar

Please don’t keep restacking your post when others share it. It makes Substack unusable. The way I will solve it in the end is by stopping following you. I feel I won’t be the only one. I don’t know how else you get the feedback that it just swamps our feeds with the same posts over and over. I’m really happy for you that other people value your insights and want to further share them. Please exercise some restraint. Thanks

Frognerparken's avatar

Something just occurred to me. What implications does this approach have for the anti-abortion states trying to prosecute other state residents for mailing mifepristone to the anti states? Does this mean they do, in fact, have the right to prosecute people from other states? And the larger question is how do we protect our rights when states with malign intent begin to take this same approach?

Christopher Armitage's avatar

In theory, yes, but enforcement depends entirely on whether the other state cooperates, and most won't. States have their own criminal codes and the dual sovereign doctrine has been explicitly and consistently applied throughout US history. You aren't going to find a freedom or right that doesn't carry an accompanying complication or feature that can be exploited by bad actors. Freedom and control require a constant tug of war, and the imperfections are the price we pay for preventing tyranny and the over-consolidation of power, which our founders aimed to prevent and from which we currently suffer.

Power corrupts, so our system is built to spread that power around.