The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, June 20
Jun 23, 2025
Join experts James Pearce, Anna Bower, Scott Anderson, and Roger Parloff as they delve into the intricate legal landscape of the Trump administration. They discuss the implications of military deployment laws, including the controversial federalization of the California National Guard. The conversation covers immigration enforcement's intersection with military roles, notable legal challenges, and the complex saga of tariffs under the Trump era. Tune in for compelling insights into how these legal battles shape American democracy and governance.
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Ninth Circuit's Limited Judicial Review
- The Ninth Circuit recognized a limited but definite role for courts to review the president's federalization of the National Guard.
- They set a high standard requiring the president’s actions not be "obviously wrong or taken in bad faith" to be reviewable.
Posse Comitatus and Military Use Nuances
- The Posse Comitatus Act tension arises from active-duty U.S. military, not just National Guard operations.
- The Trump administration’s use of the military to protect federal personnel and property raises complex legal questions.
Khalil's Detention and Release Saga
- Mahmoud Khalil, a Palestinian Columbia graduate student, was detained and allegedly targeted for his protest participation.
- After 104 days jailed, Judge Farbyars ordered his release citing due process and chilling of his First Amendment rights.