UNBIASED Politics – January 15, 2026
ICE Agents Have Absolute Immunity. True or False? PLUS State Dept. Suspends Visa Issuances, Clintons Refuse to Testify in Epstein Probe, Trump Announces New Health Plan, and More.
Episode Overview
Host Jordan Berman delivers a fact-driven, impartial recap of the latest U.S. political and legal news. Today’s episode centers around legal protections for ICE agents, a new Trump administration pause on visa issuances, the Clintons' refusal to comply with Epstein probe subpoenas, and the announcement of a new health care plan. Additional segments include “Quick Hitters,” “Rumor Has It,” and “Critical Thinking”—each providing clarity, context, and sober legal analysis.
Supreme Court: Transgender Athlete Cases, Title IX, and Equal Protection
[01:11 – 13:46]
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The Supreme Court recently heard two cases on the participation of transgender athletes in girls’ and women’s sports, focused on:
- Whether state laws restricting sports participation to biological women/girls violate the Equal Protection Clause and/or Title IX.
- Case backgrounds: One case centers primarily on the Equal Protection Clause, the other on Title IX, a federal statute prohibiting sex discrimination in federally funded educational programs.
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Likely Outcomes:
- General consensus after oral arguments: States’ laws are likely to be upheld.
- Uncertainty remains about how broad or narrow the Court’s ruling will be.
- Jordan Berman: “The Justices do not have to issue this broad, sweeping ruling. … They could say something like, hey, when it comes to sports specifically, these kinds of laws do not violate either the Equal Protection Clause or Title IX.” [02:30]
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Key Judicial Considerations:
- Several Justices referenced the Javits Amendment, which explicitly allows sex classifications in sports.
- Liberals on the court seek to limit the ruling’s reach, aiming to prevent broader impacts beyond sports.
- Agreement among Justices: There is no clear scientific consensus on athletic advantages for transgender women/girls.
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Potential Rulings Explained:
- Avoiding Decision (e.g., dismissing for mootness, especially in Little v. Hecox).
- Narrow Ruling (upholding specific state laws without a sweeping precedent).
- States’ Rights Emphasized (deferring decisions on transgender participation to state legislatures).
- National Rule (setting a constitutional standard for laws affecting transgender people—deemed unlikely).
- Mixed Outcome (e.g., narrow win for states in one case, dismissal in another).
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Timeline:
- Final decisions likely in late June or early July 2026.
- “The court typically saves its more controversial decisions for last.” [12:53]
State Department Visa Issuance Suspension
[13:46 – 14:56]
- As of January 21, all visa issuances to applicants from 75 countries are paused.
- Countries include: Afghanistan, Albania, Algeria, Bahamas, Cuba, Egypt, Fiji, Morocco, Somalia, Yemen, among others.
- Objective: Curb immigration from countries “whose migrants take welfare from the American people at unacceptable rates.”
- Only immigrant visas (for permanent residence) are affected—not tourist or student visas.
- Exemptions: Dual nationals applying with a passport from a non-listed country and current valid visas.
- “This suspension specifically applies to U.S. immigrant visas for foreigners that are wanting to live in the United States.” [14:51]
- The move is positioned as a way to safeguard American welfare spending and national security.
ICE Shooting in Minneapolis: Immunity and Investigation
[19:15 – 31:38]
Legal Immunity: Absolute vs. Qualified
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Vice President Vance claimed, “[The ICE agent] is protected by absolute immunity. He was doing his job.” [19:48]
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Host’s Clarification:
- Absolute Immunity applies to select federal roles (e.g., the President, judges, prosecutors for core functions, lawmakers) and provides total protection from civil suits over actions taken within official duties.
- ICE agents do not have absolute immunity; they have qualified immunity.
- Qualified immunity shields most federal officials from civil lawsuits except when they violate clearly established legal or constitutional rights.
- “ICE agents are not protected by absolute immunity. Like Vance said, they are protected by qualified immunity.” [20:56]
- Qualified immunity shields most federal officials from civil lawsuits except when they violate clearly established legal or constitutional rights.
- Immunity types apply only to civil (not criminal) cases.
- “Federal officials can still face criminal charges in theory, because immunity in civil court doesn’t automatically shield them from criminal law.” [21:29]
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Prosecution Pathways:
- DOJ would need to bring any federal criminal charges; as of now, DOJ declines to open a civil rights investigation.
- Minnesota could file state charges, but such cases are often moved to federal court and usually not pursued.
Control of Investigation
- Minnesota’s Bureau of Criminal Apprehension (BCA) reports being blocked from investigating; the FBI has assumed sole leadership.
- FBI has legal control over federal agents, evidence, and investigative files—restricting BCA’s access in practice.
- “This lack of cooperation … has so far resulted in the resignation of six DOJ prosecutors.” [26:41]
- FBI investigates; DOJ decides on potential prosecution.
Updates on Renee Good and ICE Watch
- New info (CNN exclusive) links Renee Good to parent-led ICE monitoring efforts, including guidance for parents to track ICE activity and encourage nonviolent—but assertive—resistance (e.g., using crowds, props, and noise to obstruct ICE actions).
- “There were no descriptions of violent disobedience tactics.” [30:52]
- DHS is reviewing Good’s connection to these efforts.
DHS Statement on Agent Injury
- ICE agent allegedly suffered internal bleeding when struck by Good’s car. Treated and released the same day; no independent verification provided.
Clintons Refuse to Testify in Epstein Probe
[31:38 – 35:51]
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Both Bill and Hillary Clinton declined to attend scheduled House Oversight depositions; committee moves to pursue contempt.
- Bill and Hillary’s letter to Chairman Comer:
“Every person has to decide when they have … had enough and are ready to fight for this country, its principles and its people, no matter the consequences. For us, now is that time.” [32:49]
- Letter further argues the subpoenas are invalid and criticizes the committee's motives as partisan.
- Some ambiguity remains about whether the Clintons are offering to testify about subpoena validity or about Epstein; “We are prepared to make our case to your 45 committee members and if need be more.” [33:34]
- Bill and Hillary’s letter to Chairman Comer:
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Committee Response:
- Advancing contempt proceedings (fine up to $100,000 and up to one year in prison if convicted).
- Historical precedents: Bannon, Navarro (convicted); Attorney General Garland (not prosecuted).
President Trump’s New Health Plan: “The Great Health Care Plan”
[38:55 – 51:25]
- Trump announced a new framework with four pillars, requiring congressional action for full implementation:
- Lower Drug Prices
- Americans to pay no more than citizens of other developed countries for select prescription drugs (“Most Favored Nation” pricing).
- Calls for Congressional law to enforce this rule.
- Also, asks FDA to make more drugs available over the counter.
- Lower Insurance Premiums
- Shift federal subsidies from insurers to individuals, increasing consumer choice.
- Funding cost-sharing reduction programs for lower out-of-pocket costs on Obamacare plans.
- CBO: would lower premiums by over 10% for most common Obamacare plans.
- Insurance Company Accountability
- Simpler, “plain English” plan information.
- Public disclosure of profits and rates of care denials.
- Would require Congressional action to change disclosure rules.
- Maximize Price Transparency
- All providers and insurers accepting Medicare/Medicaid would need to post pricing and fee information; some rules exist but extending them widely requires new laws.
- “While he can announce this new framework … Congress needs to pass some new laws.” [51:14]
- Lower Drug Prices
Quick Hitters
[51:25 – 54:35]
- Whole Milk in Schools: Trump signs the Whole Milk for Healthy Kids Act, reversing Obama-era low-fat-only rules.
- Secret Service Agent on Leave: Agent discussed sensitive details with a date, was recorded undercover.
- ACLU Sues Over ICE Stops: Alleging suspicionless stops and racial profiling in Minnesota.
- Mortgage Rates Drop: 30-year fixed rate drops to 6.06%, lowest in over three years.
- HHS Reverses Cuts: Quick reversal on nearly $2B in mental health/substance use grants.
- Potential Use of Insurrection Act in Minnesota: Trump threatens to invoke law if state doesn’t address alleged attacks on ICE agents.
- “Invoking the Insurrection act is something Trump has said he would do multiple times since taking office. He has yet to do it.” [54:29]
Rumor Has It
[54:35 – 55:08]
- Trump as Venezuela President?
- False: Trump shared a fake Wikipedia screenshot, never listed officially.
- ICE Going Door to Door?
- True: VP Vance said, “… going door to door and making sure that if you’re an illegal alien, you’ve got to get out of this country…” [Rumor Has It Segment]
- Reminder: ICE entry into homes still requires a judicial/arrest warrant.
- FBI Searched Washington Post Reporter’s Home?
- True: Linked to a federal contractor mishandling classified info. Reporter not a target.
Critical Thinking
[55:08 – End]
Jordan closes by prompting listeners to reflect with three open-ended questions:
- What risks might exist if federal law enforcement officers did have absolute immunity?
- What risks if they had no immunity at all?
- What are the benefits and drawbacks of prosecutors' discretion in bringing criminal charges?
- Should there be greater transparency around why charges are or are not brought?
Memorable Quotes
- “The Justices do not have to issue this broad, sweeping ruling.” – Jordan Berman [02:30]
- “ICE agents are not protected by absolute immunity. Like Vance said, they are protected by qualified immunity.” – Jordan Berman [20:56]
- “If a state charges a federal official, that federal official could try to move the case to federal court … and if it got moved to federal court, the charges would most likely be dropped.” – Jordan Berman [21:56]
- “We are prepared to make our case to your 45 committee members and if need be more.” – The Clintons quoting their letter to Chairman Comer [33:34]
- “Invoking the Insurrection act is something Trump has said he would do multiple times since taking office. He has yet to do it.” – Jordan Berman [54:29]
Notable Segments and Timestamps
- Transgender athlete Supreme Court discussion: [01:11 – 13:46]
- State Dept. Visa Suspension details: [13:46 – 14:56]
- ICE agent immunity deep-dive: [19:15 – 26:41]
- BCA vs. FBI investigation complications: [26:41 – 28:53]
- Clintons Epstein subpoena refusal: [31:38 – 35:51]
- Trump’s Health Care Plan: [38:55 – 51:25]
- Quick Hitters segment: [51:25 – 54:35]
- Rumor Has It: [54:35 – 55:08]
- Critical Thinking: [55:08 – End]
Tone and Style
- No spin, clear legal explanations, accessible and fact-focused.
- Practical tips (e.g., what to do if ICE comes to your door).
- Careful distinction between confirmed and reported/unverified details (e.g., CNN’s report on Renee Good).
- Host often offers “here’s what we know/what we don’t” distinctions, rarely speculating.
This summary captures all major policy, legal, and political developments, breaks down legal nuances for non-experts, and highlights where political rhetoric and legal fact diverge. Perfect for listeners who want the facts, not the spin.
