WASHINGTON — Internal emails reveal that a lead attorney for the Department of Homeland Security (DHS) suggested federal agents during an anti-ICE protest in Los Angeles last June should have used force, stating they should have “just started hitting the rioters and arresting everyone that couldn’t get away.” The emails, obtained through a Freedom of Information Act request by the nonprofit watchdog group American Oversight and shared exclusively with the Los Angeles Times, offer a stark glimpse into the mindset of some within the Trump administration regarding the handling of protests and civil unrest. The incident underscores ongoing concerns about the use of force by federal law enforcement and the potential for overreach in responding to demonstrations.
The exchange occurred within an email chain discussing a lawsuit filed by California Governor Gavin Newsom challenging President Trump’s deployment of National Guard troops to Los Angeles. Attorneys coordinated legal filings defending the administration’s actions, including a draft declaration from the Los Angeles field office director of Immigration and Customs Enforcement (ICE) supporting the troop deployment. It was within this context that Joseph Mazzara, then-acting DHS general counsel, made the controversial suggestion.
Details of the Incident and Mazzara’s Response
Mazzara’s email, dated June 11, referenced an incident where protesters attempted to breach a security line at a federal building, described as a “battering ram incident.” He wrote, “Every time I read about the battering ram incident I’m just floored at how wild that is.” He then continued with the directive to agents: “They should have, when they brought the line in, just started hitting the rioters and arresting everyone that couldn’t get away from them. No one likes being hit by a stick and people tend to run when that starts happening in earnest.”
Court documents related to Governor Newsom’s lawsuit detail the incident Mazzara referenced. A June 19 order from the 9th Circuit Court of Appeals states that protesters interfered with federal officers, throwing objects at ICE vehicles, “pinning down” Federal Protective Service officers, and using “concrete chunks, bottles of liquid, and other objects.” The order likewise notes that protesters used “large rolling commercial dumpsters as a battering ram” in an attempt to breach a parking garage.
The Department of Homeland Security did not respond to requests for comment regarding Mazzara’s email. Though, Mazzara’s career trajectory continued upward; he was later appointed deputy commissioner of U.S. Customs and Border Protection. Politico reported that Mazzara was among ten staffers who followed former Homeland Security Secretary Kristi Noem to the State Department after her recent dismissal from DHS and appointment as special envoy for the Shield of the Americas.
Concerns Over Withheld Information and Legal Implications
American Oversight noted that the email containing Mazzara’s comments was initially flagged for withholding and received in a redacted form. Chioma Chukwu, executive director of American Oversight, stated, “They reveal a level of hostility toward protesters that is deeply at odds with the government’s obligation to protect civil liberties — and there’s no FOIA exemption that justifies hiding them.” The fact that the administration attempted to conceal the email raises questions about transparency and accountability.
Kerry Doyle, former top ICE attorney during the Biden administration, expressed serious concerns about Mazzara’s comments. She described them as demonstrating a “shocking carelessness about the potential for harm” to both the public and law enforcement officers. Doyle argued that the email “seems to encourage, or, at the very least, support constitutional violations” and that offering such advice was outside the scope of a general counsel’s responsibilities. “He’s doing a disservice to the people that are on the front line,” she said, “setting them up for liability” if they followed such guidance.
The Broader Context of Trump Administration Policies
Mazzara’s comments emerged during a period of heightened tension surrounding immigration enforcement and protests against federal policies. Noem’s removal from DHS came amid criticism of escalating violence during the Trump administration’s crackdown on immigration, including reported instances of U.S. Citizen protesters being shot by immigration agents. This context suggests a broader pattern of aggressive tactics and a potentially permissive attitude toward the use of force.
The legal challenges to the deployment of National Guard troops in Los Angeles, as highlighted in the email chain, ultimately led to the president beginning to remove the National Guard in December after the U.S. Supreme Court questioned the legal basis for using troops in domestic law enforcement. The Los Angeles Times reported on this shift in policy.
Aftermath and Legal Outcomes
Even as the protests in Los Angeles resulted in some property damage, grand juries refused to indict many demonstrators accused of attacking agents. A review by the Los Angeles Times of alleged assaults found that most incidents resulted in no injuries, raising questions about the severity and justification of the charges brought against protesters.
The revelations from these emails raise significant questions about the role of legal counsel within DHS and the potential for political influence on law enforcement tactics. The incident serves as a reminder of the delicate balance between maintaining order and protecting constitutional rights during periods of civil unrest.
The legal ramifications of Mazzara’s comments and the broader context of the Trump administration’s policies are likely to continue to be debated. The case underscores the importance of transparency and accountability in government, particularly when it comes to the use of force by law enforcement agencies. The next step in this matter will be to await any potential investigations or responses from the Department of Homeland Security regarding the content of these emails and the actions of its former officials.
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