At approximately 2 p.m. eastern this afternoon David Kurtz and I are going to do a Substack live about the corruption of the DOJ under the second Trump administration. If you’re interested in this topic, please tune in. If you’re a subscriber to The Morning Memo, you’ll get an email notification when the conversation starts. We’ll be discussing this issue and previewing the topics David and a group of experts will be discussing at our event on Jan. 29 in Washington, D.C. Join us.

There’s a point I want to make about this issue of state power as a bulwark against corrupt efforts to overthrow the constitutional order. It’s a small point and it’s perhaps implicit in the discussion to this point. But it’s important so I want to draw it out a bit.

As separate though subordinate sovereignties, the states have a vast pool of sovereign authority, much more than a lot of state officers themselves appear to realize. A lot of that is affirmative authority and authority so deeply embedded in explicit constitutional mandates that it is difficult for even a corrupt judiciary to take from them. But it’s not only affirmative power. It’s also the power to resist and not be pinned down. That well of sovereign power creates a lot of ability to bob and weave, evade and parry against a corrupt assault from a renegade executive.

Sen. Ruben Gallego (D-AZ) went on CNN this morning and among other things said, “I think ICE needs to be totally torn down… People want immigration enforcement that goes after criminals, not the goon squad that has come from Stephen Miller and Trump.” This is where every Democrat should be. Shut down ICE and replace it with a new immigration enforcement agency built on the rule of law and actually enforcing the country’s immigration laws in a humane and lawful way, as opposed to ICE, which has turned into a presidential paramilitary focused on cleansing violence and treating Blue cities like conquered territories.

But these comments are more important as a signal. Gallego came out of the progressive wing of the House Democratic caucus and a pretty blue urban House district in Pheonix. But he made some significant shifts to run and win statewide. Among those was running significantly if not dramatically to the right of most Democrats on immigration issues. The fact that he’s now saying ICE should be “totally torn down” speaks volumes. He sees where the public is on ICE. He certainly knows where Arizonans are on ICE.