Amherst attorney part of group urging state to investigate federal agents

NORTHAMPTON — A national nonpartisan legal advocacy group co-founded by an Amherst attorney is calling on Massachusetts Attorney General Andrea Campbell and district attorneys to open a criminal investigation into unlawful actions by federal agents operating in the Bay State.

A 10-page letter from Free Speech for People, which went to Campbell’s office and the district attorneys for Suffolk, Middlesex, Essex and Worcester counties, states there has been criminal activity patterns by federal agents since May, including unlawful detentions, violent assaults, kidnappings and racially motivated targeting of communities of color, as a result of the Trump administration’s so-called “Patriot” operations.

“Federal agents are not enforcing the law, they are punishing President Trump’s perceived political enemies,” Courtney Hostetler, legal director for Free Speech for People, said in a statement. “The president is using federal agents as his private army to detain and kidnap residents and terrorize communities. Massachusetts officials must protect the state’s residents.” 

Among those signing Free Speech for People’s letter is John Bonifaz of Amherst, who serves as president of the organization.

The letter alleges that federal agents are acting as part of a coordinated criminal conspiracy directed by President Trump: “In incidents across the state, federal agents have repeatedly committed criminal acts that are not immunized by federal law. Federal agents have kidnapped and assaulted residents with no criminal records or reason to believe they are undocumented, as part of an orchestrated retaliation campaign against Massachusetts and Boston for their perceived political affiliation.”

Free Speech for People alleges that the Patriot 1.0 and Patriot 2.0 operations, as they were known and taking place in May and September, were supposed to be aimed at apprehending gang-affiliated noncitizens. Instead, public evidence, including Trump’s own remarks, shows that the operation’s true intent was to “brutalize, terrorize, and intimidate” residents of Massachusetts.

The violent and unlawful actions include detaining individuals without cause; using excessive force against residents and citizens in the course of immigration arrests; raiding businesses without warrants or probable cause; and deporting individuals without due process.

The letter outlines numerous violations of Massachusetts criminal law, such as assault and battery, assault and battery for the purpose of intimidation, as well as potential hate crimes and civil rights violations. It highlights that the Supremacy Clause immunity does not protect federal agents who act outside lawful authority or engage in conduct they know to be unlawful.

The letter also highlights how Trump himself cannot claim immunity for these unlawful actions since they do not qualify as official acts.

“Committing crimes is not part of a federal agent’s job duties,” said Ben Clements, chairman and senior legal advisor at Free Speech for People. “When the president or his subordinates order federal agents to commit crimes in Massachusetts to terrorize their political enemies, state and local prosecutors have a responsibility to protect Massachusetts residents and enforce state criminal law.”

Free Speech for People officials point out that while federal prosecutors have been compromised by the Trump administration and its own misconduct, state and local authorities retain independent jurisdiction to investigate and prosecute crimes committed within the borders of their jurisdictions.

“Given the federal government’s unwillingness to police itself, states are one of the only sources of accountability for residents who have been victimized by federal agents,” said Ben Horton, counsel at Free Speech for People. “Massachusetts must act now to protect its communities and its laws from abuse.” 

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