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Contributor: Trump wasn't the first to politicize law enforcement - Los Angeles Times
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Josh Hammer

Trump wasn’t the first to politicize law enforcement

Police stand in a row outside ICE headquarters.
Local police in Washington, D.C., guard the headquarters of Immigration and Customs Enforcement, which has been accused of targeting restaurants associated with President Trump’s political enemies.
(Andrew Lichtenstein / Corbis / Getty Images)

In recent days, Immigration and Customs Enforcement agents raided at least nine restaurants in the nation’s capital, requesting proof that the establishments are not employing people illegally. Washington, D.C., long presented itself as a “sanctuary city,” so the mere fact ICE agents targeted a few businesses there is hardly surprising.

What is perhaps more newsworthy is the boldface names associated with those restaurants: Geoff Tracy, the husband of CBS News anchor and former vice presidential debate co-moderator Norah O’Donnell; former Biden White House Chief of Staff Jeff Zients; and the activist restaurateur José Andrés.

Following the raids, a predictable debate has unfolded: Did the Trump administration politicize law enforcement by siccing ICE agents on the White House’s critics and foes?

Maybe; maybe not. Regardless, and with all due respect: I simply do not care. And I highly suspect tens of millions of other Americans don’t care either. After years of politicized law enforcement, many of us are now sufficiently jaded so as to be well past the point of shock at new examples.

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Did the people who are aghast at these ICE raids express similar dismay when, in 2013, Obama-era IRS director Lois Lerner admitted to targeting conservative groups in an attempt to improperly strip them of their tax-exempt status? Did they care when the nuns of the Little Sisters of the Poor sued the Obama administration over contraception coverage?

Did the pearl-clutchers care when the Biden administration sued antiabortion activists for praying outside abortion clinics? Did they care when the same administration threw the book at too many Jan. 6 defendants — whether an organizer or a tourist? Did they care when that administration imprisoned Trump allies Steve Bannon and Peter Navarro for rejecting subpoenas of the made-for-TV Jan. 6 House committee? Above all, did they care when that administration crossed the ultimate Rubicon by prosecuting its preeminent political opponent, the then-former president and leading presidential hopeful?

The answer to all these rhetorical questions is simple: No. Of course they didn’t care. So, you’ll have to spare me for not viewing it as a particularly big deal that a few Washington restaurants had the feds show up to request immigration papers.

In fact, it would be a good thing if the Trump administration sent a message by targeting political enemies.

Not because two wrongs make a right, but because unilateral disarmament in the face of an insatiable foe is a proven strategic failure. People on the right had their turn being targeted under Presidents Biden and Obama, and it would be folly for conservatives to take a high road now that they are in power.

True, a prior generation of Republicans would have been content to morally preen, to rest on their laurels in “principled loserdom.” But those days are over.

Indeed, those days must be over — not merely for the good of the right, but for the good of the country. American law enforcement has become much more politicized in recent decades. That trend began with the Obama administration, and it accelerated under Biden.

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Patriotic Americans who care about the rule of law and our constitutional order ought to lament this sordid state of affairs — not just the latest twist in the long-running saga, but the whole sad story. The key question, then, is how to undo the damage and restore left-right prosecutorial and law enforcement relations to the pre-Obama status quo ante.

The only way out is through. Both sides of America’s political divide must come to accept a Cold War-era paradigm of mutually assured destruction. This mindset saved the planet from nuclear holocaust once, and now it can help us return our domestic politics to something resembling normalcy.

But for the left to accept that the current approach ensures mutually assured destruction, they’re going to have to first see the other side bare its fangs a bit. Some noses must be (proverbially) bloodied. And frankly, given the unprecedented magnitude of the past few years’ lawfare campaign against President Trump, sending ICE agents into a few restaurants barely even registers.

I want an end to the “politicized law enforcement” wars. So should you. It is ironic that we need a short-term escalation in order to have a chance of reaching a long-term stasis. But it’s the cold, hard truth.

Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. @josh_hammer

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Ideas expressed in the piece

  • The article argues that politicized law enforcement began under the Obama administration, accelerated during Biden’s tenure, and has normalized targeting political opponents, citing IRS scrutiny of conservative groups under Obama and prosecutions of Trump allies like Steve Bannon and Peter Navarro as examples.
  • It rejects the idea of Republican “unilateral disarmament,” asserting that conservatives must escalate tactics—such as ICE raids on politically connected D.C. restaurants—to force a return to pre-Obama norms through a Cold War-like “mutually assured destruction” strategy.
  • The author dismisses outrage over recent ICE actions as hypocritical, pointing to Democratic silence during past Democratic administrations’ enforcement actions, including prosecutions of Jan. 6 defendants and the Little Sisters of the Poor lawsuit.

Different views on the topic

  • Critics argue the Trump administration’s recent ICE raids and appointments of loyalists like acting FBI chief Kash Patel reflect an “unprecedented politicization” of law enforcement, with Attorney General Pam Bondi accused of eroding Justice Department norms through aggressive tactics[2].
  • Some defend Trump’s policies, such as conditioning federal funding for universities on civil rights compliance, as lawful pushes to recalibrate “discombobulated” federal-university relationships rather than overt politicization[1].
  • Opponents highlight broader concerns about executive overreach, including efforts to dismantle agencies like the Consumer Financial Protection Bureau and proposals to expand ideological loyalty tests for federal roles[2].

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