The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Aug. 15
Aug 18, 2025
Chris Mirasola, a Lawfare contributor specializing in domestic deployments, dives into the legal confrontations Washington D.C. has lodged against the Trump administration. They discuss the implications of attempts to control the Metropolitan Police and the complexities involved in recent federal funding litigation. Mirasola sheds light on legal ambiguities surrounding National Guard mobilization, examining court decisions and their impacts. The conversation also highlights the tussle between military and civilian law, especially in light of the Posse Comitatus Act.
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Chalk Protest Stopped By Secret Service
- Benjamin Wittes described livestreaming his chalk protest at the Russian embassy and being stopped by Secret Service this year after previous approval.
- He contrasted the different treatment from the prior year to illustrate a changed federal law enforcement posture in D.C.
Three Buckets Of Federal Activity In D.C.
- Chris Mirasola framed federal deployments in D.C. as three buckets: federal personnel, federalization litigation, and D.C. National Guard deployment.
- Each bucket reflects different legal authorities and political implications for policing and protest control.
DC's Narrow Legal Target In Lawsuit
- DC's lawsuit targets the AG's memo installing a federal official as an 'emergency' MPD chief and rescinding MPD standing orders.
- The core legal issue is whether the president can impose operational control beyond demanding MPD services for federal purposes.