Serious Trouble Newsom v. Trump
Jun 13, 2025
The podcast dives into Governor Gavin Newsom's legal battle against Donald Trump's National Guard activation in California. It also touches on union leader David Huerta's charges over civil disobedience during protests. The hosts discuss significant legal implications of Trump's global tariffs and recent appeals court rulings. They explore a civil rights case against an Oakland coffee shop accused of discrimination, raising complex questions about political discourse intertwining with the law. Celebrity connections and the dynamics of federal intervention add an intriguing layer to the discussion.
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Broad Presidential Guard Authority
- The President has broad discretion to federalize National Guard units under certain statutes like Title 10 USC §12406.
- Courts historically defer to the President's judgment about rebellion or invasion risks, making Newsom's legal challenge difficult.
Military Use and Posse Comitatus Limits
- The President's authority to use military domestically is constrained by the Posse Comitatus Act but exceptions exist.
- Courts tend to side with the executive on limits, allowing President significant control in 'rebellion' situations.
Insurrection Act as Military Tool
- The administration hints at invoking the Insurrection Act, which allows extensive military use domestically during insurrections.
- This act could give the President near-unrestricted authority to deploy the military against such events.