05/29/2026
One of the most dangerous forms of government misconduct isn't corruption in the traditional sense. It's when public officials begin using lawful governmental powers for unlawful political purposes.
The Department of Homeland Security reportedly wants to shut down Customs and Border Protection processing at certain airports. If this were based on staffing shortages, security concerns, infrastructure limitations, or budgetary realities, that would be one thing.
But what happens when government officials openly state that their objective is political?
The Supreme Court has long held that federal agencies must act based on facts, evidence, and the statutory missions Congress assigned to them. Agencies cannot rely on factors Congress never authorized them to consider, and they cannot use public power as a tool to punish political opponents or reward political allies.
That's the core of the arbitrary-and-capricious standard, and it's one of the most important safeguards against the abuse of executive power.
In this video, I examine why the administration's own public statements may create a serious constitutional problem and what the Rule of Law requires when government agencies exercise their authority.
Do you believe agencies should be allowed to use administrative powers to pressure jurisdictions whose politics they disagree with? Why or why not?
https://natecharles.substack.com/p/dhs-airport-crackdown-arbitrary-capricious-due-process-analysis
