Last week, federal trial court Judge Kate Menendez issued a temporary restraining order prohibiting use of tear gas and other riot control weapons by ICE in Minneapolis. She found ICE was using them in violation of protestors’ 1A rights. She also prohibited ICE from violating protestors’ 4A rights by unlawful searches and seizures. Today, the Eighth Circuit Court of Appeals has granted the Trump regime an administrative stay of Menendez’s injunction. 1/ #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.ca8.113629/gov.uscourts.ca8.113629.00805436077.0_2.pdf
An administrative stay pauses a lower court’s order while the appeals court hears the substantive appeal. Supposedly, it does not indicate the appeals court’s views of the the merits. The Eighth Circuit’s order granting the stay is unsigned and gives no reason or context for it. 2/
The Eighth Circuit is notoriously right wing. It has the largest Republican-appointee majority of any federal appellate court. Trump appointed four of these, 2 of whom were rated “not qualified” by the ABA. https://ballsandstrikes.org/nominations/trump-judicial-nominations-preview-appeals-court-part-2/ 3/
How Trump and Senate Republicans Could Reshape the Federal Courts of Appeals, Part II

Let's take a closer look at who might be in a life-tenured appeals court judgeship in the not-so-distant future.

Balls and Strikes
See also https://www.nytimes.com/2026/01/11/us/politics/trumps-appeals-court-judges.html. “…there is increasingly such a thing as a Trump judge. The president’s appointees voted to allow his policies to take effect 133 times and voted against them only 12 times. Ninety-two percent of their total votes were in favor of the administration. That figure far outstrips support for Mr. Trump’s agenda from appeals court judges appointed by other Republican presidents, and from Mr. Trump’s appointees to the district courts.” 4/
Trump’s ‘Superstar’ Appellate Judges Have Voted 133 to 12 in His Favor

President Trump promised to fill the appeals courts with “my judges.” They have formed a nearly united phalanx to defend his agenda from legal challenges.

The New York Times
I have zero confidence in the Eighth Circuit or the Roberts Court meaningfully adjudicating the Minneapolis plaintiff-protesters’ claims that ICE in Minnesota is violating the 1st and 4th Amendments of U.S. Constitution, often by using violent and retaliatory tactics. 5/
There was no legal compulsion for the Eight Circuit today to administratively stay the trial judge’s temporary restraining order. Grant or withholding of an administrative stay is discretionary. But apparently the 8th Circuit is more concerned with giving permission to ICE continue marauding than with any effort to check it, however temporarily. 6/
Meanwhile, today in Minneapolis, federal agents appear to be pepper spraying a protester WHILE three agents are holding him down on the ground. 7/ original link https://www.startribune.com/ice-raids-minnesota/601546426; archived version https://archive.is/2026.01.22-122948/https://www.startribune.com/ice-raids-minnesota/601546426
If you have a couple of bucks to spare, please participate in the Mastodon for Minneapolis fundraiser, to benefit the Immigrant Rapid Response fund serving metro Minneapolis. https://www.grapevine.org/giving-circle/doWhZ3Z/Mastodon-for-Minneapolis
More information in my pinned post. 9/9
@heidilifeldman The cool thing about courts is that you can simply ignore illegitimate ones.
@heidilifeldman This should be on the front page of every newspaper and the opening story of every newscast
@heidilifeldman The cop at UC Davis that did this not only got away with it, he was given disability payout for "PTSD". https://en.wikipedia.org/wiki/UC_Davis_pepper_spray_incident
UC Davis pepper spray incident - Wikipedia

@meganL @heidilifeldman In the trials of Japanese torturer war criminals from WW2, we EXECUTED people for less than this. (E.g. for waterboarding.)

@heidilifeldman This is 💯💯💯 because District Judge Katherine M. Menendez specifically said yesterday that ICE is NOT TO USE PEPPER SPRAY on protesters

She issued a preliminary injunction LITERALLY restricting ICE agents in Minnesota from using pepper spray, arresting, or retaliating against peaceful protesters during Operation Metro Surge

#FuckTrumpToHell
#DestroyICE
#FreeAmericaFreeTheWorld

@3x10to8mps laws aren't real
@heidilifeldman

@3x10to8mps like, until an injunction is enforced, that's just a sparkling temper tantrum.

a temper tantrum that they lost on appeal.

laws aren't real. only enforcement. it's why the epstein files won't change anything. it's just another law that won't be enforced.

@heidilifeldman

@heidilifeldman @thegarbagebird There is no rule of law in America anymore. If it's not rock solid everywhere, it's mere illusion anywhere 💔
@heidilifeldman long ago in Humboldt County during the Timber Wars, one officer sprayed a jet stream of pepper spray directly in protesters' eyes, inches away, while they were immobilized in sleeping dragons. The popo had to pay out millions of dollars after the lawsuit as I recall, as this could easily permanently blind a person.
@mossyfoot @heidilifeldman I remember that too. They also used cotton swabs to apply it directly to the protesters eyes if I recall.

@heidilifeldman

Are they spraying his ear by purpose?

This looks very dangerous 🤒

@heidilifeldman Time to start carrying commonly available spray products as defensive weapons. Let 'em taste some Raid. #USPol
@heafnerj @heidilifeldman my partner and myself are already carrying pepper spray. ICE doesn't have the market cornered just yet.
@heidilifeldman Intentional misuse like this of *any* "less-lethal" weapon just vastly increases the likelihood of "less" not being enough and "lethal" being the end point. The person holding this can needs to be in front of a judge *tomorrow* on charges of reckless endangerment, abuse of authority, aggravated assault and attempted murder.
@heidilifeldman These thugs need some serious karma and quickly.
@heidilifeldman I’d be surprised if this individual doesn’t go blind as a result if this. Disgusting. That can specifically is designed to disperse a large crowd. What the fuuuuuck

@heidilifeldman

That is much worse than pepper spraying as normally thought of. That is torturing someone to near death.

@heidilifeldman This is extremely dangerous to do to anyone who may have a heart condition or respiratory problem.

@heidilifeldman

This is torture, plain and simple. The perpetrators should be held to account by any country in the world, should they come in their jurisdiction.

@heidilifeldman Imagine the person who even thinks to DO this.
@heidilifeldman
That is so cruel. Again they show us that they are cowards.

@heidilifeldman there are many, many Americans cheering this on. This is what they get. These woke people are not people. They’re a plague to be wiped away.

I cannot understand how anyone could cheer for suffering.

@heidilifeldman The linked webpage seems to have been changed and no longer has the image you posted.

An archived page is available here:

https://archive.is/2026.01.22-122948/https://www.startribune.com/ice-raids-minnesota/601546426

@heidilifeldman Looks like a war crime to me.