The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Jan. 9
Jan 12, 2026
The podcast dives into the Minnesota ICE shooting, analyzing officer conduct and the justification for deadly force. Experts discuss the implications of the Maduro indictment on Alien Enemies Act cases and debate a recent wrongful deportation order. Insights are shared on the disqualification of a U.S. attorney and ongoing litigation challenges linked to national security claims. The team also addresses audience questions about legality and civil suits in the context of recent events.
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Phone Recording Undermines Self-Defense Claim
- The ICE agent video shows him recording with a phone while engaging the vehicle, undermining his claim of immediate self-defense.
- Michael Feinberg and former officers say the footage does not exonerate the shooter and raises serious tactical and credibility concerns.
Tactical Failures Before And After The Shooting
- The officers' tactics before, during, and after the shooting were professionally flawed and increased danger.
- Feinberg highlights failures to de-escalate, questionable positioning, and lack of prompt medical aid after deadly force.
De-Escalate By Surrounding, Not Forcible Entry
- Surround and use loudspeakers instead of physically confronting a vehicle to de-escalate and preserve officer safety.
- Maintain distance, draw weapons if necessary, and follow established scripts that minimize confrontation.