protester

How do you find the missing?

If you do find them, how can you help?

Oakland civil rights attorney James Cook has been on the ground in Minnesota for months figuring out answers to these question as he goes.

A fast-talking Minneapolis native who still lives in the Twin Cities part time, Cook is one of a handful of attorneys who have dropped everything to aid (for free) those caught up in the federal crackdown — protesters, immigrants and detained citizens — too many of whom have found themselves facing deportation, arrest or even been disappeared, at least for a time.

Civil rights attorney James Cook in the rear view mirror as he makes phone calls in his car in Minneapolis.

(Caroline Yang/For The Times)

“They are leaders that are on the ground really helping people through this process,” Minnesota school board member Chauntyll Allen told me.

She’s one of the protesters arrested inside a local church, charged with conspiracy to deprive others of their constitutional rights by Pam Bondi’s politicized Department of Justice, which also Friday arrested journalist Don Lemon for the same incident. Cook is one of the lawyers now representing Allen.

“It shows us that the judicial arm, or some of the judicial arm of our democracy, is willing to step up and ensure that our democracy stands strong,” Allen said of Cook and others like him.

While it’s the images of clashes in the streets that captivate media and audiences, it’s lawyers like Cook who are fighting an existential battle in the background to preserve the rule of law in a place where it is increasing opaque, to put it gently.

The legal work behind detentions has largely been an overlooked battlefield that will likely rage on years after ICE departs the streets, leaving in its wake hundreds if not thousands of long-and-winding court cases.

Beyond the personal fates they will determine, the outcome of the civil litigation Cook and others are spearheading will likely force whatever transparency and accountability can be pulled from these chaotic and troubling times.

It’s time-consuming and complicated work vital not just to people, but history.

Or, as Cook puts it, “I’ll be 10 years older when all this s— resolves.”

Federal agents stand guard against a growing wall of protesters on Jan. 24 in Minneapolis, just hours after Alex Pretti was shot by federal agents.

(Caroline Yang/For The Times)

Cook told me this while on his way to the Bishop Henry Whipple Federal Building where some detainees are being held, maybe. It’s hard to find out. A few years ago, when immigration enforcement in Minnesota ramped up under the first Trump term, activists tried to get the name of the building changed, arguing Whipple, the first Protestant Episcopal bishop in the state, had been an advocate of the marginalized and wouldn’t want his name associated with what the feds were up to.

It didn’t work, but the movement’s slogan, “What would Whipple do?” still has resonance in this town, where two American citizens, Alex Pretti and Renee Good, have been fatally shot while protesting — incidents ugly enough that Bruce Springsteen wrote a song about them.

Cook is well aware that the guns carried by the federal agents are not for show, even without the Boss’ new ballad. Just a few days ago, one of the first times he drove his beat-up truck up to the gate, the federal guards at Whipple pointed their guns at him.

“I’m like, ‘Hey, I’m going to take my keys out of the ignition, drop them on the ground. So please don’t shoot,’” he said.

They lowered the guns, but Cook was scared, a feeling that doesn’t come easy.

Long before his law degree, when he was a punk-rock loving teen in the 1980s, fresh out of Southwest High, the public school not too far from Whipple, a former coach convinced him to give up college dreams and instead pursue a shot at making the first Muay Thai kickboxing team at the Olympics.

The martial art ended up not making it as an official Olympic sport, but the experience launched Cook into a professional boxing and kickboxing career that took him to competitions around the world, and taught him fear is not a reason to back down.

But, “Father Time is undefeated,” Cook said. “I got older and I started losing fights, and I was like, all right, time to get back to life.”

That eventually led him to obtaining a law degree in San Francisco, where after an intern stint as a public defender, he decided he wanted to be a trial attorney, fighting in court.

Civil rights attorney James Cook has been doing pro bono immigration work since the crackdown began in Minneapolis.

(Caroline Yang/For The Times)

He started cold-calling John Burris, another Bay Area lawyer who is an icon of civil rights and police misconduct cases. Burris, who has been called the “Godfather of Police Litigation,” was involved in the “Oakland Riders” case in 2000, when officers were discovered to have planted evidence. He also represented Rodney King, the family of Oscar Grant, and the family of Joseph Mann among many others.

But Burris, a boxing fan, didn’t respond to Cook’s calls until the young lawyer offered him free tickets to one of his fights, which he was still doing on the side.

“And then immediately I got a call back,” Cook said.

Burris said Cook’s history as a fighter intrigued him, but “I did say to James, you can’t be a fighter and lawyer. You can’t get punched in your head all the time.”

Cook did not take this advice.

Still, Burris said, “It was his persistence that I admired, because the type of work we’re involved in, you need people who are dedicated, who have some real commitment to the work, and he showed that kind of consistency and dedication.”

Cook’s been working with Burris more than 20 years now, but until recently, the labyrinth of the immigration system wasn’t his area of expertise. It’s been a crash course for him, he said, on the often arcane laws that govern who gets to stay in America and who doesn’t.

It’s also been a crash course on what a civil rights emergency looks like. Along with his work looking for locked-up immigrants, Cook spends a lot of time on the streets at protests, helping people understand their rights — and limitations — and seeing first hand what is happening.

“If you ever wondered what you would have done in Germany, now is the time,” he said. “Now is the time to do something. People are being interned.”

In the hours after Pretti was shot, Cook was at the location of the shooting, in the middle of the tear gas, offering legal help to anyone who needed it and bearing witness to conduct that will almost certainly face scrutiny one day, even if government leaders condone it now.

Law enforcement officers launch tear gas canisters as they work to push the crowd back and expand their perimeter in Minneapolis on Jan. 24.

(Caroline Yang/For The Times)

“The way the officers chase people down, protesters who were really just protesting lawfully and were beaten and pepper sprayed and gassed — all those are civil rights violations,” Burris said. “And so the law is the guardrails. So there has to be lawyers who are prepared to protect those guardrails and to stand as centurions, as I refer to us.”

Cook has tried to calm protesters, he told me, and prevent clashes. But people are mad, and resolute. His greatest fear is summer — when warm weather could bring even larger crowds if enforcement is still ongoing. He’s worried that the actions of the federal agents will spill over into anger at local cops enforcing local laws, leading to even more chaos.

“I’ve always supported cops as long as they do their job correctly,” Cook said.

For now, he’s taking it one day at a time, one case at a time, one name at a time.

Protesters raise an inverted American flag as law enforcement officers launch tear gas canisters in Minneapolis after Alex Pretti was killed by federal agents.

(Caroline Yang/For The Times)

Tuesday, Cook passed through the armed checkpoint at Whipple carrying a list of about seven people, folks who have been picked up by federal agents for one reason or another, or reasons unknown, and now cannot be located. They are not in the public online system that is meant to track detainees, and family and friends have not heard from them.

If he’s lucky, Cook will get information on one or two, that they are indeed inside, or maybe at a detention center in Texas, where many have been sent. But there will be more whose location remains unknown. He’ll make calls, fill out forms and come back tomorrow. And the tomorrow after that.

“This is what we do,” he said. “I’m always in it for the long run. I mean, you know, shoot, yeah, that’s kind of the way it works.”

Drawing on decades of experience after having dealt with the beating of Rodney King, the killing of George Floyd and more, American law enforcement leaders, civil rights advocates and other legal experts have honed best practices for officers making street arrests, conducting crowd control and maintaining public safety amid mass protests.

Officers are trained to not stand in front of or reach into moving vehicles, to never pull their firearms unless it is absolutely necessary, and to use force only in proportion to a corresponding threat. They are trained to clearly identify themselves, de-escalate tensions, respect the sanctity of life and quickly render aid to anyone they wound.

When police shootings occur, leaders are trained to carefully protect evidence and immediately launch an investigation — or multiple ones — in order to assure the community that any potential wrongdoing by officers will be fairly assessed.

According to many of those same leaders and experts, it has become increasingly clear in recent days that those standards have been disregarded — if not entirely tossed aside — by the federal immigration agents swarming into American cities on the orders of President Trump and administration officials tasked with overseeing the operations.

In both small, increasingly routine ways and sudden, stunning bursts — such as the fatal shootings of U.S. citizens Renee Good and Alex Pretti in Minneapolis — agents have badly breached those standards, the experts said, and without any apparent concern or investigative oversight from the administration.

Agents are entering homes without warrants, swarming moving vehicles in the street and escalating standoffs with protesters using excessive force, while department leaders and administration officials justify their actions with simple, brash rhetoric rather than careful, sophisticated investigations.

“It’s a terrible disappointment,” said former Los Angeles Police Chief Michel Moore. “These tactics — if you call them that — are far and away out of touch with contemporary policing standards.”

“This isn’t law enforcement, this is terror enforcement,” said Connie Rice, a longtime civil rights attorney who has worked on LAPD reforms for decades. “They’re not following any laws, any training. This is just thuggery.”

“They use excessive force against suspects and protesters, they detain and arrest people without legal cause, they violate the 1st Amendment rights of protesters and observers,” said Georgetown law professor Paul Butler, a former federal prosecutor.

“These types of tactics end up hurting all of law enforcement, not just federal law enforcement, even though state and locals didn’t ask for these types of tactics, and, frankly, have been moving away from them for years out of a recognition that they undermine trust in communities and ultimately hurt their public safety mission,” said Vanita Gupta, associate attorney general under President Biden and head of the Justice Department’s Civil Rights Division under President Obama.

The White House said Trump does not “want any Americans to lose their lives in the streets,” believes what happened to Pretti was “a tragedy” and has called for an “honorable and honest investigation.” But administration officials also have defended the immigration crackdown and the federal agents involved, blaming protesters for interfering with law enforcement operations and accusing critics of endangering agents. However, many of those critics said it is the tactics that are endangering officers.

Gupta said Trump’s immigration surge “deeply strains the critical partnerships” that local, state and federal law enforcement agencies typically have with one another, and puts local leaders in an “incredibly challenging position” in their communities.

“State and local chiefs have to spend 365 days of the year building trust in their community and establishing legitimacy … and in comes this surge of federal agents who are acting out of control in their communities and creating very unsafe conditions on the ground,” Gupta said. “That is why you’re seeing more and more chiefs and former chiefs speaking out.”

Moore said the tactics are “unnecessarily exposing those agents to harm, physical harm, as well as driving an emotional response and losing legitimacy with the very public that, as an agency, they are saying they are there to protect.”

Issues on the ground

Good was fatally shot as she tried to drive away from a chaotic scene involving federal agents. The Trump administration said the officer who shot her was in danger of being run over. Homeland Security Secretary Kristi Noem, without evidence, accused Good, 37, of being a “domestic terrorist.”

Experts questioned why the group of agents swarmed Good’s vehicle, why the officer who fired positioned himself in front of it, and whether the officer was in fact in danger of being hit given Good was turning her wheel away from him. They especially questioned his later shots into the vehicle as it was passing him.

Under best practices for policing, officers are never to shoot into moving vehicles except in exigent circumstances, and are trained to avoid placing themselves in harm’s way. “You don’t put yourself in that position because you have the option to just take down the license plate number and go arrest them later if you think they’ve violated the law,” said Carol Sobel, a Los Angeles civil rights attorney who has driven police reform for decades.

Moore said he was trained in the 1980s to avoid engaging with moving vehicles, yet “40 years later, you see not just one occasion but multiple occasions of those tactics” from immigration agents.

Pretti was fatally shot after trying to protect a woman who was violently shoved to the ground by an immigration agent also spraying chemical irritant. The Trump administration said that Pretti had a gun, and that the officers had acted in self-defense. Without evidence, Noem alleged Pretti, also 37, was “attacking” agents and “brandishing” the gun, while White House advisor Stephen Miller alleged that Pretti “tried to murder federal agents.”

Experts questioned why the agents were being so aggressive with the woman Pretti was trying to help, and why they reacted so violently — with a burst of gunfire — when he was surrounded by agents, on the ground and already disarmed.

Moore said that the officer who shoved the woman appeared to be using “brute force rather than efforts to create de-escalation,” and that spraying irritants is never suitable for dealing with “passive resistance,” which appeared to be what the woman and Pretti were involved in.

In both shootings, experts also questioned why the agents were wearing masks and failed to render aid, and lamented the immediate rush to judgment by Trump administration officials.

Gupta said the immigration agents’ tactics were “out of line” with local, state and federal policing standards and “offensive to all of that work that has been done” to establish those standards.

Bernard Parks, another former chief of the Los Angeles Police Department, said that videos from the two incidents and other recent immigration operations make it clear the agents are “totally untrained” for the operation, which he called “poorly designed, poorly trained,” with a “total lack of common sense and decency.”

Ed Obayashi, an expert in police use of force, said that although the agents’ actions in the two shootings are under investigation, it is “obvious” that Trump administration officials have not followed best practices for conducting those inquiries.

“The scenes have been contaminated, I haven’t seen any evidence or any what you would call standard investigative protocols, like freezing the scene, witness checks, canvassing the neighborhood, supervisors responding to try to determine what happened,” he said.

The path forward

Last week, California joined other Democrat-led states in challenging the crackdown in Minneapolis in court, arguing that Noem’s department “has set in motion an extraordinary campaign of recklessness and disregard for norms of constitutional policing and the sanctity of life.”

On Sunday, the International Assn. of Chiefs of Police, which has played a central role in establishing modern policing standards in the U.S., said it believes that “effective public safety depends on comprehensive training, investigative integrity, adherence to the rule of law, and strong coordination among federal, state, and local partners,” and called on the White House to convene those partners for “policy-level discussions aimed at identifying a constructive path forward.”

On Tuesday, Gov. Gavin Newsom and California Atty. Gen. Rob Bonta reminded California law enforcement that they have the right to investigate federal agents for violating state law.

Gupta said the Trump administration failing to investigate fatal shootings by federal agents while “boxing out” local and state officials suggests “impunity” for the agents and “puts the country in a very dangerous place” — and state investigators must allowed in to investigate.

Butler said that the situation would definitely be improved if agents started adhering to modern policing standards, but that problems will persist as long as Trump continues to demand that immigration agents arrest thousands of people per day.

“There’s just no kind and gentle way,” he said, “to take thousands of people off the streets every day.”