Terry Gross

Is it legal for an ICE agent to confiscate a camera, a phone camera, if somebody is shooting video of what that agent is doing on their phone?

My guests are Elizabeth Goytin, Senior Director of Liberty and National Security at the Brennan Center for Justice, and Emmanuel Malion, a professor at the University of Minnesota Law School.

We'll be right back after a short break.

I'm Terry Gross, and this is Fresh Air.

What is the status of racial profiling now?

Is that now considered a more legitimate thing to do?

Like, what have the courts said about racial profiling recently?

Can you elaborate on what Kavanaugh said in his concurrence?

Well, we need to take a short break here.

So let me reintroduce you.

If you're just joining us, my guests are Emmanuel Malione, who is a professor at the University of Minnesota Law School, and Elizabeth Goytin, who's a senior director at the Brennan Center for Justice.

We'll be right back after a short break.

This is Fresh Air.

Liza, I want to get back to the Insurrection Act.

If Trump does invoke the Insurrection Act, as he has threatened to do, what exactly would that give him power to do?

So what do you fear that the military could be ordered to do if the Insurrection Act was invoked by Trump?

I'm wondering if you think that sending in the National Guard against various governors' will and then threatening to invoke the Insurrection Act

What happens next?

Can it be instituting martial law?

But who's to stop him?