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The President And The National Guard

20 snips
Sep 2, 2025
Max Rose, a National Guard veteran and former Congressman, joins military reporter Tara Cobb and Elizabeth Goitein from the Brennan Center to discuss the complexities of President Trump’s executive order regarding the National Guard. They explore the legal challenges surrounding this deployment in states, the historical context of military involvement in civilian affairs, and public concerns about the Insurrection Act. The conversation also delves into the declining crime rates in Chicago and the implications of federal intervention on law enforcement.
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INSIGHT

Executive Order Expands Domestic Role

  • The president signed an executive order to restructure the National Guard and create a rapid response force for civil disturbances.
  • This expands the Guard's domestic mission and tests legal and operational boundaries of federal troop use.
INSIGHT

Court Limits Federal Troop Law Enforcement

  • Judge Breyer ruled federalized troops in LA violated the Posse Comitatus Act and limited military law-enforcement activities.
  • That ruling shapes what options the White House can legally use in other cities.
INSIGHT

Three Legal Statuses Matter

  • National Guard can operate under three legal categories: state control, Title 32 (state control with federal pay), and Title 10 (federalized).
  • Only state-controlled and Title 32 troops may perform law enforcement; Title 10 cannot.
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