Fine Line Between Public Right to Know and Doxxing
Ethics and masked law enforcement.
In a longish report, “Two CBP Agents Identified in Alex Pretti Shooting,” ProPublica gives the names and significant biographical information on the two agents whose identities had been withheld, going so far as to interview one’s ex-wife.
My antenna went up immediately, as this rather clearly puts their safety and that of their family in danger. We’re in the midst of an emotional standoff over how DHS and its various immigration and border enforcement agencies are carrying out the Trump administration’s massive deportation effort. It is not only plausible but likely that there are people out there angry enough to go after these officers or their families.
ProPublica addresses that in an italicized statement at the end of the report:
ProPublica is publishing the names of the two federal immigration agents involved in the fatal shooting of Minnesota protester Alex Pretti. We believe there are few investigations that deserve more sunlight and public scrutiny than this one, in which two masked agents fired 10 shots at Pretti as he lay on the ground after being pepper-sprayed.
The Department of Justice said it is investigating the incident, but the names of the two agents have been withheld from Congress and from state and local law enforcement.
The policy of shielding officers’ identities, particularly after a public shooting, is a stark departure from standard law enforcement protocols, according to lawmakers, state attorneys general and former federal officials. Such secrecy, in our view, deprives the public of the most fundamental tool for accountability.
So, on the one hand, I fully agree that, under normal circumstances, law enforcement officers should be unmasked and be easily identifiable to the public they serve. In the particular case of ICE and associated agencies that have been operating in Minneapolis and other major cities, I believe the masking serves to add to the intimidation factor and has the effect of emboldening bullying tactics.
At the same time, it would seem undeniable that these raids are politically charged. And the notion that the barrier to “accountability” for this shooting is the public’s knowledge of the officers’ names is just silly. The entire incident was captured on camera from multiple angles and, as evidenced by this report, their identities are known to those charged with investigating the reasonableness of the shooting.
To the extent the shooting was unjustified—which is my going-in position given what I know now—the barrier to justice is that the entire chain of command seems perfectly fine with that. So, unless ProPublica is suggesting that the public take matters into their own hands, it’s not at all clear how releasing their names serves the cause of “accountability.”
Aside from the ethical quandary here, a couple of other things stand out to me. First, judging by their names, both men appear to be Hispanic and/or Latino. And neither are rookies. They’re 43 and 35 years of age. The former joined the Border Patrol in 2018, and the latter works for the special response team of the CBP’s Office of Field Operations, which he joined in 2014. The former has a bachelor’s degree in criminal justice; no educational information is given for the latter.
That’s all noteworthy, in that a picture has emerged in the wake of the Renee Good shooting and other tragedies that most of the agents are recent hires who have received minimal training and screening. Indeed, NYT immigration reporter Caitlin Dickerson suggests that a significant number of them are white nationalists who have been specifically targeted in recruiting ads to come and apply brutality to brown people. And The Atlantic‘s Ali Breland suggests ICE is emulating the tactics used by the Proud Boys and other citizen militia groups.
And that may well be true. But it would not appear to explain this particular shooting. It’s possible for Hispanic people to be white nationalists (“Enrique” Tarrio was chairman of the Proud Boys, after all), it’s not the way I’d bet here. And, while ICE and Border Patrol are not exactly at the top of the law enforcement prestige food chain, these particular officers have been around a long time. And, again, at least one has an undergraduate criminal justice degree and the other is SWAT-trained.
Of course, that works both ways. A scared rookie with little training can be more easily forgiven for panicking in a fast-developing situation. Seasoned, highly-trained agents should be expected to have greater situational awareness, be calmer under pressure, and to be able to de-escalate a situation.
You are skirting around the point of unmasked law enforcement – public accountability.
If these guys knew that they’d be immediately held accountable, they’d behave differently.
I would argue that part of the reason these circumstances are not normal is that ICE has been masked from the beginning.
I find that entire notion of masked law enforcement, save perhaps in very specific circumstances (maybe a specific raid on a drug cartel operation, for example) to be antithetical to a democratic society.
And the unmasking of those who shot Pretti puts additional pressure on ICE, DHS, and DOJ to pursue a more transparent investigation. And it puts others on notice that their masks will not hide them from the public.
To be clear, I am not advocating mob justice, but we need to take all of this out of the shadows as much as possible.
If I shot someone on Fifth Avenue and was arrested, my identity would be public. I see no reason why law enforcement should be treated differently that any other citizen. They are not special guardians is some privileged class. They are Amerians just like the rest of us.
And yes, if it ends up ICE is employing people they shouldn’t, we have the right to know who they are.
Every video I see of these guys seems to suggest a thuggish bravado that is clearly enhanced by their anonymity.
Take the damn mask off.
Are they really seasoned? I think it unlikely that any border patrol have a lot of experience in what they are doing now. They are now patrolling streets and breaking into homes. They are pulling people out of cars and detaining them for hours after they (ICE) run into that person’s car. I am betting they have limited experience dealing with protestors and crowds.
As far as the unmasking as you note that is the norm for police. ICE is now acting as a police force/para-military organization with extraordinary powers and little accountability. In fact its leaders seem to be cheerleading their bad behaviors. So in this case the unmasking is good and necessary. One would hope it is the first step to getting rid of the masks and some accountability for all ICE agents.
Steve
Yes, ProPublica is suggesting that the public take matters into their own hands (duh).
Which is the only kind of accountability that is left, because, as you say, the federal government doesn’t care.
(Also, there are ways to do that without breaking the law. Social ostracism is a thing.)
More generally, when it comes to the government committing violence, any measure of accountability is always better than no accountability at all (which you seem to want). Otherwise you’re just a slave.
Specifically, I find it mind-blowing that you seem to imply that the press has to look out for the well-being of those who commit murder under the color of law at the same time that the chain of command will take no action. What about the rest of society?
“Law for me, but not for thee” is no law at all. Blame Trump for that, not ProPublica. They do the best they can in a shitty situation that is not of their making.
@drj:
And yes, this means Jesus Ochoa and Raymundo Gutierrez should very much be afraid of what their fellow citizens might do to them.
Just as police officers, during normal times, should be afraid of what their fellow citizens (but in this case represented by the public prosecutor) might do to them if they unload on a subdued and unarmed person.
(It’s called public prosecutor for a reason.)
There is a very basic principle that humans understand and follow – reciprocity. Particularly people who have been used to living in a group where there is rule of law.
If one group starts snatching, deporting, and yes, killing other people indiscriminately, there is going to be, uh, reciprocity. I am amazed it hasn’t happened yet.
I am not advocating for this. I am observing that there’s some core human nature at work.
If the government decides that it doesn’t need to follow any stinking laws, other people will decide they don’t need to either.
A fear of doxxing is the pretext for masking ICE/CBP agents, and it is ridiculous on its face (no pun intended). Just as internet anonymity can bring out the jackass in a lot of people, the shielding of an agent’s identity can lower inhibition on the job…especially when the de facto boss – the odious Stephen Miller – is braying about agents having full immunity. And I believe there is an element of projection involved as well. What would MAGAs do if the shoe were on the other foot? They’d be posting personal information online, and sending pizzas and SWAT to agents’ addresses. One need only look to the rightwing reaction to people who dared to notice that Charlie Kirk wasn’t much of a Christian.
So – running a secret police leads to public anger, so the secret police must remain secret in order to protect them from the public?