The Politics of Pretense
From City Streets to the American Workplace
This Labor Day, a look at the shared struggle against manufactured justifications, from the steps of city hall to the factory floor.
In the summer of 2020, a disquieting narrative began to emanate from the highest levels of the federal government. A number of American cities, overwhelmingly led by Black, Democratic mayors, were cast as cauldrons of rampant crime, justifying an unprecedented deployment of federal law enforcement agents.[1][2] This initiative, dubbed "Operation Legend," was presented as a necessary intervention to quell a surge in violence.[2] However, a closer examination of the facts reveals a troubling paradigm of unjustified disciplinary action based on a pretense—a pattern that mirrors the daily reality for countless American workers in the private sector.
The Trump administration's "Operation Legend" saw federal agents dispatched to cities such as Kansas City, Chicago, and Albuquerque, with the stated goal of assisting local law enforcement in combating violent crime.[3] The Justice Department, in its announcements, painted a grim picture of escalating homicides and shootings in these urban centers.[3] Yet, this portrayal was often at odds with the reality on the ground and was vocally contested by the very mayors the administration claimed to be helping. Many critics viewed the operation as a political maneuver to bolster a "law and order" campaign narrative during an election year, rather than a genuine effort to address public safety.[2]
The selection of these cities was particularly noteworthy. A significant number of the targeted municipalities were led by Democratic mayors, leading to accusations that the operation was politically motivated.[1] These mayors, in many instances, pushed back against the federal narrative, pointing to their own data that often showed a more nuanced and, in some cases, contradictory picture of crime trends.
For instance, in Kansas City, Missouri, then-Attorney General William Barr falsely claimed the operation made 200 arrests in its first two weeks, a figure quickly disputed by local authorities.[2][4] Later, President Trump claimed Operation Legend had reduced the murder rate, but an analysis of the city's own data showed the homicide rate had actually increased during the operation's initial weeks compared to the rest of 2020.[5] This deployment of federal power, based on what many saw as a manufactured crisis, created a tense and adversarial relationship between federal and local authorities.[4] Mayors from 15 cities signed a letter condemning the use of federal agents, likening the tactics to those of an "authoritarian regime."[6]
The Escalation of 2025: A Pattern Repeated
This paradigm of federal overreach based on questionable pretenses did not end in 2020. The year 2025 saw a significant escalation of this strategy, with President Trump deploying the National Guard to a series of major American cities, again all led by Democrats.[7] The justifications were familiar—surging crime, homelessness, and a need to restore order—but the actions represented a more direct and militarized intervention into the governance of local communities.[7][8]
The first deployment targeted Los Angeles. Citing a need to address immigration-related protests, the administration sent thousands of National Guard troops and Marines, overriding the objections of California's governor.[7][9] This set a contentious precedent for using the military in domestic law enforcement, raising concerns about potential violations of the Posse Comitatus Act, which limits such involvement.[7]
Next, the focus turned to the nation's capital. In a move asserting federal authority, the administration mobilized approximately 2,000 National Guard troops in Washington, D.C.[7][10] Declaring a "crime emergency," Trump touted a week without murders as a "miracle" brought about by the deployment, despite data showing that violent crime in the city had already been declining.[7][9] The troops were notably assigned to patrol tourist areas rather than the city's high-crime zones, reinforcing the perception among critics that the move was more about political optics than public safety.[7]
Finally, the administration set its sights on Chicago. Having long singled out the city as a "disaster," Trump threatened to send in the National Guard to solve its crime problem "within one week."[8][11] This threat came despite the fact that, according to the city's own data, violent crime in Chicago was down dramatically in 2025.[8][9] The state's governor and the city's mayor both publicly stated that there was no emergency and no request had been made for federal intervention, decrying the president's threat as a "trial run for a police state."[9][10]
This pattern of intervention in 2025, from Los Angeles to Washington D.C., and culminating in the threat to Chicago, solidified the narrative of a federal administration manufacturing crises to justify disciplinary action against political opponents. The facts on the ground were secondary to the political narrative of "Democrat-led cities in chaos." This dynamic of a powerful entity manufacturing a justification for punitive action is not confined to the political arena. It is a stark reality for millions of American workers, a reality that this Labor Day demands we confront.
From City Hall to the Break Room
The prevailing doctrine of "at-will" employment in most U.S. states means that an employer can terminate an employee for any reason, or no reason at all, as long as it's not explicitly illegal.[12][13] This legal framework creates a power imbalance that can leave workers vulnerable to "pretextual firings"—terminations where the stated reason is not the true reason.[14][15] An employee might be fired for "poor performance" shortly after raising a safety concern, or for a minor policy infraction after reporting harassment.[16] The official reason serves as a convenient and legally defensible shield for a potentially illegal or unethical motive, such as retaliation for whistleblowing or discrimination.[17][18][19]
This fear of termination for a manufactured reason can have a chilling effect, discouraging workers from speaking out about unsafe conditions, unfair treatment, or unethical practices. It creates an environment where an employee's job security is subject to the whims and potential biases of management, rather than their actual performance and conduct.
The Union Solution: A Right to "Just Cause"
So, what is the recourse for the American worker facing the ever-present threat of a pretextual firing? The answer, many labor advocates argue, lies in the fundamental right to union representation. A collective bargaining agreement can fundamentally alter the employment relationship, shifting it from "at-will" to one that requires "just cause" for termination.[20][21] This means an employer must have a legitimate and documented reason for disciplining or firing an employee, and they bear the burden of proving it.[20][21]
"Just cause" is a well-established standard in labor law that includes specific principles, such as providing adequate warning of consequences, conducting a fair and objective investigation before administering discipline, and ensuring the penalty fits the seriousness of the violation.[20] This concept of due process is a powerful check on the arbitrary power of management and a vital protection against firings based on pretense.[21]
Crucially, the right to union representation should not be contingent on the entire workplace voting to unionize. Models like "minority unionism" or "members-only unionism" allow a group of workers within a non-union company to join a union and advocate for their rights. While they may not have full collective bargaining rights for all employees, they can still provide representation for their members in disciplinary hearings and challenge unfair labor practices.
This Labor Day, as we reflect on the contributions of the American worker, we must also acknowledge their vulnerabilities. The same deceptive tactics used to justify the "federalization" of cities under a false premise of rampant crime are employed every day to unjustly terminate hardworking individuals. The right to be free from arbitrary and pretextual disciplinary action is a cornerstone of a just and equitable society. Empowering every American worker with the right to union representation, in whatever form they choose, is not a radical idea; it is a fundamental step toward ensuring that the scales of power are more evenly balanced and that every worker is treated with the dignity and fairness they deserve.
References:
1. Guardian. (2020, July 22). Trump announces 'surge' of federal officers into Democratic-run cities. The Guardian. https://www.theguardian.com/us-news/2020/jul/22/donald-trump-federal-officers-police-surge-chicago
2. American Oversight. (n.d.). The Trump administration’s controversial ‘Operation Legend’ program. https://americanoversight.org/investigation/the-trump-administrations-controversial-operation-legend-program/
3. McCarthy, A. (2020, July 24). Trump's 'Operation Legend' relies on longstanding federal-local cooperation to quell crime. Fox News. https://www.foxnews.com/opinion/trumps-operation-legend-longstanding-federal-local-cooperation-andrew-mccarthy
4. Horwitz, S. (2020, July 23). Trump’s ‘Operation Legend’ was supposed to combat crime. It’s produced one arrest, and some see a political stunt. The Washington Post. https://www.washingtonpost.com/national-security/trumps-operation-legend-was-supposed-to-combat-crime-its-produced-one-arrest-and-some-see-a-political-stunt/2020/07/23/cf03eba6-cd09-11ea-91f1-28aca4d833a0_story.html
5. Editorial Board. (2020, July 23). Trump says Operation LeGend reduced KC murder rate? Wrong. Kansas City Star. https://www.kansascity.com/opinion/editorials/article245429735.html
6. Guardian. (2020, July 23). Portland protests: federal agents' actions draw city into a national debate. The Guardian. https://www.theguardian.com/us-news/2020/jul/23/portland-protests-policing-trump-administration
7. 2025 Deployment of federal forces in the United States. (n.d.). Wikipedia. https://en.wikipedia.org/wiki/2025_deployment_of_federal_forces_in_the_United_States
8. President threatens to deploy National Guard to more U.S. cities. (2020, July 22). YouTube.
9. Martin, C. (2025, August 25). Trump orders Hegseth to form National Guard unit in each state to combat crime, protests. Stars and Stripes. https://www.stripes.com/theaters/us/2025-08-25/trump-hegseth-national-guard-18876673.html
10. Horwitz, S. (2025, August 25). Trump order calls for broader National Guard role in domestic unrest. The Washington Post. https://www.washingtonpost.com/national-security/2025/08/25/trump-national-guard-domestic-unrest/
11. TIME. (2020, August 21). Trump says Chicago is next in his crackdown on crime. TIME. https://time.com/7311770/chicago-trump-crime-stats/
12. At-will employment. (n.d.). Wikipedia. https://en.wikipedia.org/wiki/At-will_employment
13. USAGov. (n.d.). Termination guidance for employers. https://www.usa.gov/termination-for-employers
14. Vogel, B. I. (n.d.). Common pretext excuses employers make in wrongful termination matters. Law Offices of Brian I. Vogel. https://www.vogellawoffices.com/common-pretext-excuses-employers-make-in-wrongful-termination-matters
15. How does a pretext for termination work in an at-will employment State? (2020, June 10). YouTube.
16. Kingsley, M. (n.d.). California at-will employment exceptions – know your rights. Kingsley Kingsley. https://www.kingsleykingsley.com/california-at-will-employment-exceptions
17. Super Lawyers. (n.d.). Understanding the role of retaliation in wrongful termination cases. https://www.superlawyers.com/resources/wrongful-termination/understanding-the-role-of-retaliation-in-wrongful-termination-cases/
18. YMS LLP. (2023, June 10). 5 common wrongful termination lawsuit types. https://www.ymsllp.com/blog/2023/06/5-common-types-of-wrongful-termination-lawsuits/
19. Downey Law. (2023, June 12). Wrongful termination lawsuits: 5 grounds for filing these cases. Denver Real Estate Attorney. https://downeylawpc.com/wrongful-termination-lawsuits-5-grounds-for-filing-these-cases-pt-1/
20. Massachusetts Nurses Association. (n.d.). The concept of "just cause" in union contracts. https://www.massnurses.org/labor-action/labor-education-resources/grievances-101/just-cause/
21. Just cause (employment law). (n.d.). Wikipedia. https://en.wikipedia.org/wiki/Just_cause_(employment_law)