WASHINGTON — A lead attorney for the Department of Homeland Security suggested that federal agents should have “just started hitting the rioters and arresting everyone that couldn’t get away” during an anti-ICE protest in Los Angeles last June, internal emails show.
The note was in an email chain obtained by the nonprofit watchdog group American Oversight through the Freedom of Information Act and shared exclusively with The Times.
In it, attorneys for Homeland Security appear to be discussing the June 9 lawsuit filed by California Gov. Gavin Newsom over President Trump’s deployment of thousands of California National Guard troops to Los Angeles.
Under the subject line “California DOD Lawsuit,” officials coordinated legal filings defending the Trump administration and included a draft declaration by the Los Angeles field office director of Immigration and Customs Enforcement supporting the deployment of military forces.
The final email in the thread was from Joseph Mazzara, then-acting DHS general counsel, and he appears to be referring to an incident in which protesters tried to breach a protective line at a federal building.
On June 11, he wrote: “Every time I read about the battering ram incident I’m just floored at how wild that is.”
Referring to law enforcement as “they,” he continued: “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.”
The Department of Homeland Security didn’t respond to requests for comment.
Mazzara was later appointed deputy commissioner of U.S. Customs and Border Protection.
Politico reported that Mazzara is among 10 staffers who followed former Homeland Security Secretary Kristi Noem to the State Department after she was fired this month from DHS and given a new role as special envoy for the Shield of the Americas.
The battering ram incident Mazzara referred to is detailed in court documents for the lawsuit.
A June 19 order from a panel judges from the 9th Circuit Court of Appeals states that Trump administration attorneys presented evidence of protesters interfering with federal officers. The protesters threw objects at ICE vehicles, “pinned down” several Federal Protective Service officers and threw “concrete chunks, bottles of liquid, and other objects,” the order said.
Protesters also “used ‘large rolling commercial dumpsters as a battering ram’ in an attempt to breach the parking garage of a federal building,” the order states.
Mazzara’s comment in the email thread with other Homeland Security attorneys was given to American Oversight with a watermark showing the agency had intended to withhold it. American Oversight also received a version of the documents with that statement redacted.
Chioma Chukwu, executive director of American Oversight, said it’s no wonder the administration wanted to keep Mazzara’s comments hidden.
“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,” she said.
Kerry Doyle, the former top ICE attorney during the Biden administration, said Mazzara’s comments show a shocking carelessness about the potential for harm against both the general public and the officers he was employed to protect.
The email, she said, “seems to encourage, or, at the very least, support constitutional violations by the operators that are supposed to be getting legal counsel from him to avoid violating the law.” Plus, commenting on operational strategy is outside the scope of his responsibilities, she said.
“He’s doing a disservice to the people that are on the front line, that rely on him and his colleagues to give them the parameters of what they can and can’t do,” Doyle added. “If you give them bad legal advice, you are setting them up for liability.”
Noem’s removal came amid backlash against an escalation of violence during Trump’s crackdown on immigration, including the shooting deaths of U.S. citizen protesters by immigration agents.
Doyle said part of the secretary’s job is to set the tone for the agency so the rank and file know what is expected of them. Mazzara’s comments, she said, show how that tone has permeated all facets of the agency.
After the U.S. Supreme Court cast doubt on the Trump administration’s legal theory for using troops in domestic law enforcement operations, the president in December began removing the National Guard from Los Angeles and other Democratic-led cities.
The protests last summer caused significant property damage in a small section of downtown Los Angeles. But grand juries refused to indict many demonstrators accused by federal prosecutors of attacking agents, and a Times review of alleged assaults found that most incidents resulted in no injuries.
