KQED's Forum What Does Donald Trump’s Use of the National Guard Mean for our Democracy?
Aug 12, 2025
Shawn Hubler is a California correspondent for The New York Times, while Jenny Jarvie covers social trends for the Los Angeles Times, and Laura Dickinson is a law professor at The George Washington University. They discuss Donald Trump’s unprecedented use of the National Guard for domestic issues, raising concerns about the implications for democracy and presidential power. The conversation addresses the legal challenges of militarizing law enforcement, the tension between crime narratives and reality, and the potential normalization of such tactics in American governance.
AI Snips
Chapters
Transcript
Episode notes
Rare Use Of Military On Domestic Soil
- Presidential use of the National Guard on U.S. soil is historically rare and reserved for extreme circumstances.
- Trump's deployments in LA and D.C. mark an unusual increase in frequency that breaks long-standing precedent.
Administration's Legal Workaround
- The administration relied on Title 10 to justify troops protecting federal agents rather than declaring an insurrection.
- That legal choice avoids invoking the Insurrection Act but raises questions under Posse Comitatus.
Posse Comitatus Limits And D.C. Exception
- Posse Comitatus generally forbids federal military use for domestic law enforcement unless a specific exception applies.
- D.C. is legally distinct because the president has broader authority over the Guard there, making use in the capital unusual but more permissible.