The Lawfare Podcast Lawfare Daily: Ask Us Anything About 2024
Jan 2, 2025
In a lively Q&A, experts tackle the legal implications of presidential pardons, exploring how they intersect with insurrection and justice. They dissect the murky waters of AI regulation and the potential impact of TikTok bans on national security. The conversation turns to Guantanamo detainee transfers and immigration enforcement issues, revealing the complexities at play. Additionally, the team examines the presidential authority constraints posed by the Posse Comitatus Act and discusses the strategic challenges facing Iran in a shifting geopolitical landscape.
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Immigration Law Enforcement
- Immigration law is a federal and executive matter, giving administrations control over enforcement.
- ICE officers can question individuals on suspicion but need warrants for homes or businesses without permission.
Domestic Military Deployment
- Congress sets limits on domestic military deployment, but the courts defer to the president's judgment.
- Deploying troops domestically doesn't exempt the government from constitutional constraints.
Presidential Immunity and Prosecution
- A sitting president can't be prosecuted, but prosecution is possible after leaving office.
- A president ordering an assassination, an official act, might have immunity even after leaving office.