What The Atlantic Won’t Write: Minnesota Didn’t Prove MAGA Wrong

The question nobody seems to want asked in print: what would it actually take to win against fascism in America?

Not to resist. To win.

The question has ugly answers, due to the ugliness of Trump wanting to get as ugly as possible, which is perhaps why journalists avoid it.

We shouldn’t look at wrestling a big dangerous pig in the mud and think an article about stain remover for white socks is going to be our strategy.

Trump’s favorite President ignored the Supreme Court and was one of the most, if not the most unjust, immoral and corrupt men in American history.

What many seem to avoid saying: Trump is at war with America.

His team keeps saying they are waging war, calling innocent citizens domestic terrorists. Even those who defend innocent citizens being attacked by Trump are called domestic terrorists. Their war rhetoric is not by accident. They’re not stupid. “War on Christmas“, remember?

In the early 1920s, Ford’s Dearborn Publishing Company released a four-volume set of essays penned by Ford and a handful of aides called The International Jew: The World’s Foremost Problem. […] In a sense, this was the first shot fired in the “War on Christmas” wars and a blueprint for how these arguments would play-out for the next century. At no point has Christmas or anyone’s right to celebrate it been under attack, yet this endures as a way to attack…

Trump wants his followers to believe they are fighting a very particular kind of war in America. A war that Henry Ford wrote about. Meanwhile the American “resistance” acts like a moral witness campaign, which is what you do to feel good about losing. You end up starving to death holding nothing but receipts, while Trump gorges himself.

Let’s be honest about the dangers, because this is the exact reason why we study the rise of fascism in the 1930s so carefully and thoroughly.

This is why it’s appropriate to make the parallels to Henry Ford and his disciple Adolf Hitler: by the time you’re organizing food deliveries to families in hiding and don’t let children outside, you’ve already lost the phase of the conflict where winning was still within democratic norms.

The SPD after the Nazis seized control kept publishing newspapers, organizing workers, believing that exposing the Trump-like brutality would matter in 1933. They were documenting their loss of democracy in real time while calling it a resistance.

Imagine measuring water rising inside the Titanic and saying shovel coal, pump faster. There’s a certain level of situational awareness that predicts whether you are calculating actual survival paths.

The Atlantic, for example, published a sedative disguised as a stimulant. It makes readers feel something is being done in America about Trump. That evidence of courage is being recorded, that some community is holding, that the arc is bending. You finish reading and feel… what? Inspired? Reassured some good guys exist?

Minnesota Proved MAGA Wrong:
The pushback against ICE exposed a series of mistaken assumptions. By Adam Serwer

Has a Holocaust movie ever been made that didn’t include a positive angle somewhere about survival or a glimmer of humanity? We cannot culturally process atrocity without a redemptive frame. Schindler has to save some. The boy in striped pajamas has to represent innocence. We’re narratively incapable of confronting “and then it just got worse, and worse, until external force stopped it.”

I have two degrees in it. Go figure.

That need for positive emotional release, as displayed by The Atlantic, is the risk of obliterating signs of actual dangers. It substitutes for the harder but honest recognition that Minnesotans have been losing, badly.

Alex Pretti was unmistakably good. A real American hero serving his country, and he was publicly executed for it.

And that was right after Renee Good, also an innocent citizen, was publicly executed.

ICE killed as many people last year as the four prior years combined.

Tens of thousands are in detention already, with ICE concentration camp plans underway to detain hundreds of thousands without due process.

Families are hiding.

Children are being sent away and shielded from the horrors of ICE.

Three hundred forty-seven district court judges ruled against the administration’s detention policies, yet it didn’t amount to a hill of beans because Trump implemented a court bypass method from… 1933 Germany.

The state brings guns and shoots people who dare to carry them. The resistance has whistles.

And the Atlantic piece frames all this disparity as victory because Bovino got fired after months of wearing a literal Nazi uniform while parading thousands of Trump stormtroopers through cities, beating, detaining and killing innocent people?

That’s the definition now of victory? At this rate by next year the definition will be a slice of bread on the table.

Let me tell you some Minnesota history that almost never gets told. I’ve personally confronted Nazis in Minnesota, I’ve spent decades working on this subject. Here’s some of what needs to be said.

The Silver Shirts came to Minneapolis in the late 1930s planning rallies, organizing, building the same momentum that their German counterparts had used. What stopped them wasn’t an ACLU or public solidarity or moral witness.

Nope. None of those made the difference.

It was Meyer Lansky’s networks coordinating with local Jewish communities to show up at Nazi rallies and beat them bloody. Repeatedly. Until organizing a fascist rally meant your people would end up scared for their lives and in the hospital.

The Office of Strategic Services (later, the CIA) in fact employed the Syndicate in some covert operations. During World War II, the Syndicate helped with the invasion of Sicily and in protecting the Eastern waterfront against German sabotage. Some of the Syndicate’s major drug traffickers were used as informants and assassins in the Cold War. As one White House official described the government’s relationship with Lansky, “The government turned to him because hiring thugs was what government and business had been doing for a long time to control workers, and because it could conceive little other choice in the system at hand.”

This is the history that doesn’t fit the narrative. American fascism in 1930s Minnesota wasn’t defeated by democratic norms or courageous nonviolent resistance. It was defeated by private organized pro-democratic violence that the state permitted through selective blindness.

Berman learned that Silver Shirts were mounting a rally at a nearby Elks’ Lodge. When the Nazi leader called for all the “Jew bastards” in the city to be expelled, or worse, Berman and his associates burst in to the room and started cracking heads. After ten minutes, they had emptied the hall. His suit covered in blood, Berman took the microphone and announced, “This is a warning. Anybody who says anything against Jews gets the same treatment. Only next time it will be worse.” After Berman broke up two more rallies, there were no more public Silver Shirt meetings in Minneapolis.

The Jewish community in the 1930s didn’t write articles about the Silver Shirts. They busted heads and broke bones until organizing fascist rallies became physically dangerous. That history is so uncomfortable to tell precisely because it’s instructive. It’s also almost impossible to find evidence, for a good reason.

So what’s the 2026 connection? Reversal.

The state holds a monopoly on legitimate violence. When the state becomes fascist, any effective resistance is illegitimate by definition – the fascist state controls what “legitimate” means.

That’s the trap.

Trump understands this. That’s why he fraudulently pre-labels innocent nurses and moms as “domestic terrorists” before they’ve done anything when his troops murder them. Hegseth fraudulently invokes “enemy within” and “wartime footing.” They’re building bogus justification frameworks now, so everyone sees any level of resistance is already authorized for extrajudicial execution.

In 1930s Minnesota, the state looked away while communities defended themselves against people who talked like Trump. That selective blindness made extralegal defense against Nazism possible.

Now? The guys in masks with guns ARE the state. The Klan, Nazis, Boogaloo and Proud Boys operate wearing federal authority masks. The institutions that might have looked away have been captured. There’s no third party. There’s no one to appeal to. Trump talks about governors and mayors like they are just one button-press away from detention or assassination.

Nonviolent resistance works when there’s a third party appeal, a conscience to shock, an institution to intervene, an ally with power. When the state itself is the aggressor and also controls the narrative, all the valor means little more than defeat.

What’s the theory of change that isn’t just “bear witness until something external comes to our rescue”?

The next six months will tell. If Trump continues trying to lower his popularity before summer to invoke military dictatorship and cancel fall elections, you will see how and why The Atlantic was wrong to spin sugary tales of success.

Source: despair.com

Public Execution of Pretti: ICE Shot Him in the Back and Denied Him Medical Care

Alex Pretti, center, kneels on the ground, to help a woman who had fallen down, his back to the half dozen stormtroopers approaching to execute him.

A doctor who attended the public execution offered this perspective to the court:

The physician said their view “was partially obstructed,” but that they’d seen ICE agents shoot the 37-year-old ICU nurse multiple times.

…I informed the ICE agents that I am a physician, and I asked to assess the victim,” the witness said.

The doctor also alleged the agents wouldn’t let them through at first and had “repeatedly asked” for a physician’s license.

“None of the ICE agents who were near the victim were performing CPR, and I could tell that the victim was in critical condition,” the physician added in the court papers.

[…]

“Checking for a pulse and administering CPR is standard practice,” they continued. “Instead of doing either of those things, the ICE agents appeared to be counting his bullet wounds. I asked the ICE agents if the victim had a pulse, and they said they did not know.”

The physician said the victim had “at least three bullet wounds in his back.”

Shot in the back, denied medical care. ICE was counting all the bullet holes they inflicted, like an innocent human was their target practice, instead of checking for a pulse or providing any care at all.

“Hope You Die…Faggot”: Silicon Valley VC Keith Rabois Reaction to Public Execution of Pretti

Have you heard of Keith “Hope You Die…Faggot” Rabois?

Never accountable.

Not for $2.3 billion in losses. Not for a 95% value wipeout. Not for shouting death threats. Not for harassment. Not for backing a fraud-adjacent sports league.

Does this Silicon Valley elite operate above the law? In practice, yes.

Not because laws don’t apply, but because the “mafia” network he operates in doesn’t require law to function. Peter Thiel, Vinod Khosla, Founders Fund… it’s clear how certain Americans use a path to replace rules by sponging investor money. Failure is absorbed. Consequences are only for founders without elitist-welfare networks, employees denied power, and citizens who lack the “right white” friends.

Is American law relevant for Rabois? His track record says… not yet, and maybe never.

  • 1992 Stanford University. Keith Rabois attacked a lecturer’s residence at midnight, screaming “Faggot! Hope you die of AIDS!” and “Can’t wait until you die, faggot!” He framed intentional “outrage” in hate-based terror campaigns as necessary thought.

    The intention was for the speech to be outrageous enough to provoke a thought.

    Get it? He’s claiming thought by being thoughtless, while accusing victims of being dumb. He faced what consequences from then to now? He has been rewarded by a particular group. Peter Thiel, who later was outed as gay, wrote a book to describe the homophobic terror incident as necessary and wanted. Rabois banked on it, earning a law school degree from Harvard.

  • 2026, Minneapolis. Alex Pretti is executed and video evidence from every angle makes it clear he was innocent. Keith Rabois outrageously rants that sudden public execution is always justified:

    No law enforcement has shot an innocent person.

The structure of Rabois appears identical across 34 years: I define harm, always, for my benefit. If I cause or want it, then it is good. If you are harmed, your fault.

So what is the basis of his rants about Trump shocktroops executing an innocent civilian? You’ll never guess.

The Rabois Consequence Ledger

1992 Shouted death wishes at a lecturer “Challenging Stanford’s speech rules” None. Thiel writes book promoting him. Harvard gives him a law degree.
2013 Left Square after harassment accusations “Consensual relationship” Offered managing director role at Khosla.
2018 Alliance of American Football investment [Silence] League collapses 8 weeks in; fraud by co-investor; players abandoned
2021-25 OpenStore: $1B to $50M (95% loss) “Not a failure, a 10x focus on what is anomalously great” Remains Khosla managing director
2021-24 Opendoor: $18B to <$1B, $2.3B cumulative losses Says of own staff “I don’t know what most of them do” Returns as Chairman
2024 Dismissed Palestinian lives, ignores Israeli military crimes IDF is “most ethical military in world history” None
2026 Promotes the execution of an innocent American as self-justifying “No law enforcement has shot an innocent person” Partners don’t act

The pattern emerging from this billionaire’s success strategy: He fails while on the attack, he blames others, he gets promoted.

The Illogic of Tautology

No law enforcement has shot an innocent person” is deadly disinformation. This Harvard elitist is intentionally violating centuries-old logic, spreading toxic language that will get innocent people killed.

It’s invoking lawless domestic terrorism by unqualified, untrained violent Trump stormtroopers, by definition.

It says: being shot by law enforcement is proof you were not innocent, where law enforcement is suddenly defined by an unpopular unitary executive. The shooting creates the guilt that justifies the shooting. There is no possible counterexample because Rabois defines the category of “innocent dead person” as inherently empty.

Political satirist Stephen Colbert called it out like this:

Obey or die, and if you’re dead you didn’t obey.

Harvard law apparently hands out degrees to students who construct deadly impunity for “success” in the world. Not by arguing the facts, just their authority to make facts irrelevant and cancel the voices of targets. Show your Harvard credentials or off with your head.

Disinformation Analysis of Rabois Tweets

“No law enforcement has shot an innocent person” Definitional fiat Makes innocence impossible once shot
“Illegals are committing violent crimes every day” Red herring Pretti was American; changes subject to different people
“He unequivocally attempted to draw his weapon” Counterfactual assertion Video shows phone; creates alternate reality
“Not a failure—10x focus” Redefinition 95% loss becomes strategic pivot
“I don’t know what most of them do” Blame transfer $2.3B in losses becomes employee problem

The same operation in 1992: I wasn’t terrorizing, I was testing speech codes. The victim’s experience—terror at midnight, death wishes shouted at his home—disappears inside the frame. What remains is only Rabois’s intention, which he alone defines at his whimsy.

The Business Record

Rabois is celebrated as a top-tier insider, getting help from his friends who give him access. Forbes Midas List. DoorDash, Affirm, Stripe. The welfare of elite club membership is real.

Rabois says this about his purpose:

So the way I differentiate is I personally aspire to increase the probabilities of success for any founder and any company I work with. That is my goal when I wake up in the morning: How do I make this company more successful?

His differentiation is… success? That’s defining success as whatever he does that’s different. Eat shit and die? Success. Just look at ventures he actually led. His track record is a complete disaster, destroying lives:

  • OpenStore (co-founded 2021): Raised at $1 billion valuation. Acquired 40+ Shopify brands. Promised to acquire “a business a day,” eventually “one an hour.” Result: drove a 95% valuation collapse to $50 million. Shuttered nearly all stores. Liquidated inventory. Rabois’s self-assessment:

    Not a failure.

  • Opendoor (co-founded 2014): Went public at $18 billion. Lost $662 million in 2021. Lost $1.4 billion in 2022. Lost $275 million in 2023. Stock crashed 97%. Nearly delisted. Rabois returns as Chairman in 2025, announces his own ignorance and intention to fire 85% of workforce to make himself look better:

    There’s 1,400 employees at Opendoor. I don’t know what most of them do. We don’t need more than 200 of them.

  • Alliance of American Football (investor, board member 2018): Collapsed eight weeks into inaugural season. Chapter 7 bankruptcy. $48 million in liabilities against $11 million in assets. Players left paying their own way home. Original investor later sentenced to 75 months for cryptocurrency fraud.

The proof is unmistakable. The evidence of his outcomes, compared to his “intentions”, is a clear warning. Combined losses in the billions. And then no consequence to Rabois’s position, compensation, or reputation. Opposite, he gets rewarded by his circle of jerks to do ever more unhinged harms.

Who Uses Tautology to Justify State Violence?

Rabois announcing his “if the state killed you, you deserved it, fuck you” intentions has obvious historical precedents:

  • Totalitarian regimes: Stalin’s show trials operated on this exact logic. Being accused was proof of guilt. Just like Rabois the NKVD didn’t make mistakes, by definition.
  • Colonial powers: British rule in India, Belgian Congo. Violence against natives was inherently civilizing; resistance only proved a need for more violence.
  • Apartheid states: South Africa, Jim Crow. If you were killed by authorities, you were defined as doing something wrong. Your presence became the crime, literally what Rabois has been saying.
  • Fascist movements: The core move: the in-group cannot commit crimes against the out-group because the out-group’s existence is the crime.

The tautology of Rabois functions as immunity laundering. It conveniently makes power-hungry acts of abuse their own justification.

The Network as Insulation

Why does this work? Why has the rabid Rabois seen no consequences across three decades?

The answer is structural. He operates inside a club of elites that funds themselves to deny external assessments:

  • 1992: Thiel writes a book celebrating his efforts at domestic terrorism
  • 2013: Khosla Ventures rewards him within months of Square departure on harassment allegations
  • 2018: Altman officiates his wedding, because, you know, buddies
  • 2024: Khosla again rewards him as managing director after OpenStore collapse
  • 2025: Promoted to Opendoor Chairman after $2.3 billion in losses
  • 2026: Khosla and partner Choi falsely claim “distance” from his comments while sticking close to him (no action)

Even now, Vinod Khosla’s reward structure for Rabois is instructive. He posted:

I agree with @EthanChoi7. Macho ICE vigilantes running amuck empowered by a conscious-less administration.

Imagine Khosla in 1933. This is like him saying “I agree with Ford. Hitler is very anti-semitic and nobody can stop him killing all the Jews.” My dude. Are you criticizing mass executions or promoting them? Because it’s not clear enough.

Note what’s missing: Keith is wrong and he will face consequences.

Can you imagine that?

The network composts the failure to grow another bigger round of it, and repeat. The reputation is laundered through the next venture of disasters. The externalized abuse pattern continues.

Accountability as a Class Marker

The through-line across three decades of Rabois is this: Accountability is for other people, because they lack his privilege markers.

  • Pretti is at fault for being shot in the back by Trump stormtroopers aiming for random public executions
  • 1,200 Opendoor staff are accountable and should suffer for their top executive’s failures, as he gets promoted
  • Local law enforcement are the cause of “treacherous conditions” from lawless threats, just like how fire fighters are the cause of damage from arson
  • Palestinians are accountable for the radical right-wing Israeli politicians mass murdering them
  • The Stanford lecturer was accountable for Rabois’s hateful “speech experiment” to see what he could get away with, or even profit from

But Keith Rabois? Never accountable. He told Fortune, in an obvious reference to history:

I like to crack the whip.

He likes to cause pain.

He called Stanford grads “like the Navy” and said “you need pirates.” Cracking a whip on pirates? Nope. That isn’t how piracy worked. Pirates would throw him overboard instantly. He obviously means you need servants to whip, minions who can’t or won’t protest. The question of whether he is justified seems to be settled in his mind by pain from his whip.

In venture capital, this obviously fueled his rise to the top of a self-described “mafia” that he operates within. The investors define their own value. Enough conviction, enough network, and reality is simply the whip of assertion. Crack it to make it so.

FTX was supposed to be the same playbook: assert confidence, redefine failure, let the network absorb the damage. SBF had every credential—Stanford parents, MIT degree, Sequoia hagiography, Michael Lewis book deal. More pedigree than Rabois ever had. But he made a mistake that Rabois never made: prosecutable fraud. Lose investor money? Business. Lose customer deposits? Federal crime. Rabois knows exactly where the line is. He can use his investor network to destroy people, shout death wishes and call for execution of innocent Americans. All legal. SBF stole from his customers. That’s the only takedown allowed of these elites.

Rabois just elevated himself from destroying the value of a startup to being the one who decides who dies or lives in America. The “mafia” of Silicon Valley wants to be in charge of the killing fields. Also known as Palantir’s entire value proposition.

The Facts on the Ground

Alex Pretti was a 37-year-old ICU nurse at the Minneapolis VA. He cared for veterans. He broke no laws and threatened no one. He graduated from the University of Minnesota in 2011.

Video shows him holding a phone, and stepping in to help a woman shoved to the ground by one of Trump’s stormtroopers. Multiple angles, multiple witnesses. Phone clearly visible in his right hand. Nothing in his left.

It was this act of kindness that caused a half a dozen Trump stormtroopers to swarm him and punch him in the head and back for a minute before they took steps back and publicly executed him.

Alex Pretti kneels on the ground, helping a woman who had fallen down, his back to the half dozen stormtroopers approaching to execute him.

Shot a defenseless innocent man in the back. Ten times.

The Minnesota Gun Owners Caucus, let alone the NRA, has called out “misinformation” being spread about Pretti. Top politicians in Oklahoma and Texas… are outraged.

Keith Rabois looked at the execution of Pretti, started ranting how Trump stormtroopers are never wrong to shoot, and joined the ICE attack. He wrote boldly, like it was 1992 for him again, that more Americans should be outrageously executed under a platform he calls:

fuck you

The Question

Rabois learned in 1992 that you can shout death wishes at someone you hate and use it as a trajectory when you know Peter Thiel. Nothing since has taught him otherwise.

Not the harassment accusations. Not billions in losses. Not the sports league collapsed in fraud. Not promotion of suffering in Gaza. Not promotion of public executions of innocent Americans.

The pathology isn’t about whether he believes these things. The pathology is that he’s rewarded for saying he believes them—for three decades, by the most sophisticated networks in American capitalism. Scream “fuck you” at Pretti and unload a clip into his back, get funded by Thiel and a plumb job from Khosla.

This goes far beyond a Keith Rabois. He’s just one of the most obvious examples today.

The question is why Harvard saw the terror campaign of a man screaming “Hope you die of AIDS” at midnight and said that’s the guy we want practicing law. The question is who saw investment wreckage and thought this is managing director material for a top venture firm.

The question is what it means that this strategy can be called “success” in Peter Thiel’s takeover of America.

The question is who today (or what, in the age of AI) learns to do more of this, faster and larger.

Market analysis update for 2026 shows another disaster:

Opendoor’s revenue collapsed 33.6% year-over-year in Q3 2025. The company posted a $90 million net loss that quarter and has burned cash in seven consecutive years. That 378% stock surge? It’s driven by Trump’s proposed $200 billion mortgage bond purchase plan and a single Reddit post celebrating $27,000 in realized gains. […] Opendoor’s gross margin sits at 8%, capturing razor-thin spreads on transactions while carrying massive balance sheet risk. One inventory mispricing cycle and the whole model collapses, exactly like Zillow in 2021.

Stock pump scandal by Trump? No wonder Rabois is backing Trump violence. The cheerleading isn’t ideological, it’s transactional. Trump pumps his stock, he pumps Trump’s execution of innocent citizens.

“Coerced Perpetual, Infinite Detention”: Trump’s Use of Hitler’s Schutzhaft to Bypass American Courts

The courts have not been defeated. They have been bypassed. In 1933, this distinction did not matter. There is no evidence it matters now.

A federal judge wrote Sunday that the Trump administration is attempting to “coerce perpetual, infinite detention” by defying court orders. Three hundred forty-seven district court judges have ruled against the administration’s detention policies. Twenty have ruled in favor.

Does a 95% win ratio sound good? It’s not enough, in a system designed to operate faster than judicial review. It is documentation of abuse, executive power operating without check.

The win ratio is both damning and the kind of success that failed to stop Hitler.

This requires explanation.

The Schutzhaft Mechanism

On February 28, 1933, Germany’s Reichstag Fire Decree suspended constitutional protections including habeas corpus. The decree enabled Schutzhaft (“protective custody”): administrative detention without judicial warrant or review. As the infamous saying went:

If you cannot recognise the will of the Fuhrer as a source of law, then you cannot remain a judge

Schutzhaft had three structural features:

  1. Administrative classification. Detention was ordered by police, not courts. No judicial finding was required.
  2. Speed. Detainees were moved to camps before legal challenges could be filed. Within two months, 25,000 people were detained in Prussia alone.
  3. Parallel track. Regular courts continued to function for ordinary matters. Schutzhaft operated outside their jurisdiction entirely.

German courts were not abolished, packed, or corrupted. They became irrelevant to the detention system. Judges continued to rule. The camps continued to fill. These two facts did not contradict each other.

A “Vorbeugungshaftbefehl” (preventive arrest warrant) issued by Berlin criminal police’s “Kriminalinspektion Vorbeugung” (Criminal Inspectorate Prevention) on May 18th 1942. The subject was arrested and deported to a concentration camp without a court order and for an indefinite period of time, then murdered by the SS. Source: Educat Kollektiv

The Trump Version

The American detention apparatus today shares the exact same three features.

  1. Administrative classification. In July 2025, DHS issued an internal memo reinterpreting existing law to classify most undocumented immigrants as “applicants for admission” subject to mandatory detention. No legislation. No judicial approval. A memo.
  2. Speed. The administration provides detainees 12-24 hours to express intent to challenge detention. Physical removal frequently occurs before judicial review. When Judge Boasberg issued a restraining order halting deportation flights to El Salvador, the planes had already departed. The detainees are now in CECOT prison. DHS officials transfer Minnesota detainees to Texas within days of arrest, removing them from the jurisdiction of Minnesota courts before cases can be heard.
  3. Parallel track. Immigration courts are executive branch entities under the Department of Justice, not Article III courts. The administration has fired immigration judges and is replacing them with military lawyers. Cases pending in immigration court are dismissed; detainees are immediately re-arrested and placed in expedited removal, an administrative process with minimal judicial oversight.

The Relevant Numbers

District court rulings on detention policy: 347 against the administration, 20 in favor.

Supreme Court emergency stays of district court orders: 17 granted to the administration, 1 denied.

ICE detainees as of December 2025: 66,000, a record.

Deaths in ICE custody, fiscal year 2025: 23. Previous four years combined: 24.

The Logic

District courts rule against detention policy. The administration appeals. The Supreme Court grants emergency stays. Policy continues during appeal. Appeals take months. Deportations take days.

The 347 district court rulings create a record yet do not prevent detention. The detainees those rulings concern have frequently been transferred out of jurisdiction or removed from the country before the ruling issues.

A system in which courts rule correctly but after the fact is a system in which executive action goes unconstrained.

The Nazi Schutzhaft of 1933 is the entire Trump bypass story of 2026.

Judge Davis, in his Sunday ruling, identified the mechanism: the administration is “stretch[ing] the legal process to the breaking point in an attempt to deny noncitizens their due process rights.”

Stretching the process to the breaking point is not the same as violating the process. The process continues. The detentions will ramp even faster.

The 2026 Reality

The German legal profession in 1933 observed that courts were still functioning. This was true. Cases were heard. Rulings were issued. The Schutzhaft system was not subject to those rulings. We know how the concentration camps evolved after that.

The question is not whether American courts are ruling correctly. They are. The question is whether those rulings have any hope of constraining the American detention system tomorrow if not today.

Current evidence, based on Nazi history, indicates they do not.