Judge Rips Stephen Miller as “Ignorant or Incompetent, or Both”

A federal judge on Wednesday shredded the Trump administration’s shallow defense for bragging about its rampant, warrantless immigration arrests.

In an 88-page ruling, U.S. Judge Beryl Howell wrote that the Trump administration had illegally lowered the standard for making immigration arrests when it instituted a policy of “arrest now, ask questions later” as part of the federal takeover of Washington, D.C.

Howell documented how the Department of Homeland Security and Trump officials began to insist on using a standard of “reasonable suspicion” to make arrests, and included a laundry list of official comments claiming that the government did not need to demonstrate probable cause. Howell took issue with the government’s attorneys, who claimed the statements had been made by “non-attorneys” who “don’t necessarily understand” legal terms.

“This is a remarkable assertion. On its face, the government’s defense appears to be that the individuals behind these statements are ignorant or incompetent, or both,” Howell wrote.

For example, chief Border Patrol agent Gregory Bovino told the press, “We need reasonable suspicion to make an immigration arrest,” adding, “You notice I did not say probable cause, nor did I say I need a warrant. We need reasonable suspicion of illegal alienage, that’s well grounded within the United States immigration law.”

White House deputy chief of staff Stephen Miller was also cited in the ruling as saying, “Just go out there” and arrest people at Home Depots or 7-Elevens.

In June, Miller reportedly told a meeting of dozens of immigration officers that he didn’t want ICE to narrow its field to just undocumented immigrants with criminal records. “Stephen Miller wants everybody arrested. ‘Why aren’t you at Home Depot? Why aren’t you at 7-Eleven?’” an official recalled.

Howell barred the government from making warrantless immigration arrests without obtaining probable cause that the person was in the country illegally and a flight risk.

The Trump administration is releasing “as much” of the Epstein files as it can—at least, the components that are “lawful,” according to FBI Director Kash Patel.

Speaking with Fox News Tuesday evening, Patel insinuated that there were some documents related to the investigation of child sex trafficker Jeffrey Epstein that can’t be readily released.

“Mr. Director, our viewers also are just—they are chomping at the bit on why it took the Epstein files so long to be released,” said host Laura Ingraham. “Any regrets there? Was that an unforced error, should we have gotten them out earlier? Just get them all out there? Just thought I’d give you a chance to react to that.”

“Yeah, look, this FBI has produced 40,000 pages of documents to Congress. To put that in comparison, [Christopher] Wray put out 13,000 in seven years and [James] Comey put out 3,000,” Patel responded, referring to his two predecessors.

Of course, Wray and Comey were not mandated by a law passed specifically to release the documents. After months of dragging their feet, Republicans in both chambers of Congress passed a bill to release the investigation files related to Epstein and his potential associates. Donald Trump signed the bill on November 19, starting a 30-day timer on the documents’ release.

“We’re committed to transparency. We are putting out as much as we can that is lawful and that is not prohibited by court orders. And those are the things the DOJ is fighting, still, with judges in court to make sure we can reveal everything without breaking the law,” Patel continued.

“That’s what we’re committed to doing. We’re doing it as fast as we can,” Patel added, before abruptly changing the topic.

The House Oversight Committee released more than 20,000 emails last month that it had obtained from Epstein’s estate. The documents included multiple mentions of Trump, such as in a 2011 email, when Epstein expressed he was grateful Trump had stayed quiet about details of Epstein’s life. The “dog that hasn’t barked is Trump,” Epstein wrote, despite detailing how Trump had spent hours at one of Epstein’s properties with a known victim.

It turns out that Donald Trump’s tariffs aren’t good for private-sector jobs.

A new report from payroll processor ADP found that private employees lost nearly 32,000 jobs in November, far off analyst projections that they would add 10,000 jobs. The data is a sharp decline from October, when businesses overall added 47,000 jobs, according to the ADP’s revised estimate.

“Larger companies are still hiring,” wrote Heather Long, chief economist at Navy Federal Credit Union, on X. “Smaller firms (under 50 workers) are doing the layoffs. It’s been a very tough year for small biz due to tariffs and more selective spending from lower and middle-class consumers.”

Indeed, smaller employers seem to be taking the biggest hit, having lost 120,000 jobs. Medium firms added 51,000 jobs, whereas the largest businesses added 39,000 jobs. To the Trump administration, though, it’s all the fault of the government shutdown and Democrats, as Secretary of Commerce Howard Lutink said on CNBC Wednesday.

“No, no, it’s not tariffs,” Lutnik said, in response to a question from CNBC’s Sara Eisen. “Remember, you had the Democratic shutdown, right, and what do you think happens to small business, the people who do business with the U.S. government, they know they’re not getting paid, so they slow down their projects.

“Remember, as you deport people, that’s gonna suppress private job numbers of small businesses. But they’ll rebalance, and they’ll regrow, so I think this is just a near-term event, and you’ll see as the numbers come through over the next couple of months, you’ll see that all pass,” Lutnick added.

But Lutnick’s only doing damage control. Domestic manufacturing, as measured by the Institute for Supply Management Manufacturing index, fell for the ninth month in a row, showing that the tariffs are hurting an area that Trump boasts they will improve. And private companies, including wholesale retailer Costco, are suing the government to get a refund of the tariffs they’ve paid.

Trump has made erroneous claims that tariffs are paid by other countries, not companies or consumers, and that they are bringing in a windfall in revenue that is diminishing the need for any other taxes. That is demonstrably false. All of this shows that tariffs are not helping but hurting the American economy and American workers.

Defense Secretary Pete Hegseth doesn’t think he’s the most problematic member of Donald Trump’s Cabinet.

Hegseth said Tuesday that he wouldn’t trust deputy chief of staff Stephen Miller to babysit his kids, when asked about it on a podcast hosted by Miller’s wife.

“Who would you trust to babysit your kids?” Katie Miller asked. “This can only be another member of the Cabinet.”

“I mean, not your husband or Marco,” Hegseth said, to laughs. “I would trust the vice president. I mean, I’ve known Sean Duffy for years. I would trust him.”

Hegseth was seated beside his own wife, Jennifer Rauchet, who interjected that Duffy “would just call one of his kids.”

“I would trust Brooke Rollins or Pam. Tulsi’s incredible,” Hegseth added, referring to the agriculture secretary, the U.S. attorney general, and the director of national intelligence.

Hegseth then extended his playful lack of faith, saying that he believed Miller would be most likely to need help in an emergency.

“Who is the most likely to call you after hours in an emergency?” asked Katie Miller.

“Stephen Miller,” Hegseth responded, without missing a beat.

“One hundred percent,” added Rauchet.

“Stephen, you know it’s true. You know it’s true,” poked Hegseth, looking directly at the camera. “There’s others on the list, but he’s on top of the mountaintop.”

“It is true,” Katie Miller relented.

Hegseth, meanwhile, is under fire from practically every element of government for a wide array of scandals that range from reports of alcoholism to Nazi accusations and allegations that he has violated international human rights law in the Caribbean.

Hegseth’s careless, monthslong killing spree against small boats in international waters has claimed the lives of at least 83 people, and has pushed congressional Republicans to consider whether Hegseth should be stripped of his position altogether.

GOP-led panels in the House and Senate dialed up their scrutiny of the Pentagon this week, demanding a full account of a double tap that took place on September 2, mercilessly killing survivors of a U.S. drone strike.

The Republican chairmen of the Senate and House Armed Services committees are both demanding audio and video of the incident. “We’re going to conduct oversight, and we’re going to try to get to the facts,” vowed Senator Roger Wicker Monday.

Defense Secretary Pete Hegseth is planning to court-martial Democratic Senator and military veteran Mark Kelly for saying—nearly verbatim—the same thing he himself said about soldiers not having to follow “unlawful orders” almost a decade ago. 

On Tuesday, Kelly posted a clip of the defense secretary giving a speech in 2016, when he was still an anchor for Fox News. 

“I do think there have to be consequences for abject war crimes. If you’re doing something that is just completely unlawful and ruthless, then there is a consequence for that. That’s why the military said it won’t follow unlawful orders from their commander-in-chief,” Hegseth said in the video, which was first reported by CNN’s KFile.

Hegseth’s statement is nearly identical to the one Kelly and five other Democratic members of Congress and military and intelligence veterans made in a video last month, in which they stated that “this administration is pitting our uniformed military and intelligence community professionals against American citizens” and that “our laws are clear. You can refuse illegal orders.”

This very measured video led the president to call for the “seditious six” to be hanged, and Hegseth to threaten to court-martial Kelly. 

“The video made by the ‘Seditious Six’ was despicable, reckless, and false. Encouraging our warriors to ignore the orders of their Commanders undermines every aspect of ‘good order and discipline,’” Hegseth wrote on X last month. “Mark Kelly (retired Navy Commander) is still subject to UCMJ—and he knows that. As was announced, the Department is reviewing his statements and actions....  Kelly’s conduct brings discredit upon the armed forces and will be addressed appropriately.” 

The hypocrisy here is obvious. Of course Hegseth has a clip of him agreeing exactly with what Kelly and the other members of Congress expressed because refusing to carry out unlawful orders from the president is a very rational and widely accepted concept. Hegseth’s issue is that the president is his boss, and he wants nothing more than to be the best lackey he can be. 

“I think he’s correct, and it’s exactly what we said,” Kelly told CNN on Tuesday. “But when we said it, Pete Hegseth now … says what we said was false and reckless. And I think it begs the question—what has changed? And it’s pretty obvious. What has changed is we have an unqualified secretary of defense who only cares about sucking up to this president, and loyalty to this president. That’s the difference.”