The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Jan. 5
Jan 7, 2026
Katherine Pompilio, a Lawfare Associate Editor and on-scene correspondent, shares her insights from the recent arraignment of Venezuelan President Nicolas Maduro. She describes the courtroom's tense atmosphere and security measures in place as Maduro pleads not guilty, raising claims of head-of-state immunity. The conversation also delves into the Supreme Court's ruling on Trump-era National Guard deployments and Jack Smith's impactful testimony regarding oversight questioning in Congress. Pompilio's firsthand account adds an engaging layer to the unfolding legal drama.
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Court Curbs National Guard Deployments
- The Supreme Court ruled 5-justice majority that 10 U.S.C. 12406(3) refers to regular military forces, not regular law enforcement, undercutting the administration's National Guard deployments.
- That conclusion and tension with the Posse Comitatus rationale prompted the administration to halt planned deployments to Chicago and Portland.
Insurrection Act Is Legally Ambiguous
- The Insurrection Act may offer a clearer presidential route but its deferential standard and historical precedents create legal uncertainty.
- Lower courts previously gave deference on 12406 based on Insurrection Act cases, so outcomes invoking the Insurrection Act remain unsettled.
Watch State And D.C. Deployment Battles
- Expect future litigation and different legal fronts: D.C. Title 32 volunteer deployments and state-court challenges over governor consent are key battlefields.
- Monitor state-law suits and D.C. litigation because they may sustain some deployments despite the 12406 setback.