Criminal Law Library Blog
On August 12, 2026, Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College, published a commentary in Verdict, Justia’s legal analysis and commentary publication. Sarat’s commentary is titled “Trump’s Arresting State,” where he examines what he regards as an increasingly consequential feature of the Trump administration: the use or threatened use of arrest, prosecution, fines, and other criminal penalties not simply against political opponents, but as a means of pressuring state and local officials to cooperate with federal policy objectives.
Sarat’s article is strongly critical of the administration. His central concern is that the threat of criminal enforcement may be moving beyond conventional law-enforcement situations and into disputes involving government authority and public policy, particularly immigration enforcement and the administration of elections. Because Sarat’s article is commentary rather than a neutral news report, it is useful to examine his arguments alongside the administration’s own statements, relevant government documents, and other primary sources. Doing so provides a fuller context within which readers can evaluate both Sarat’s concerns and the federal government’s stated legal and policy justifications.
From Political Rhetoric to Governmental Power