Main Justice “Untethered to the Facts”
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Oct 7, 2025 This week’s discussion dives into legal battles as Oregon and Illinois challenge attempts to federalize National Guard troops. A Trump-appointed judge blocks deployments, citing the president's own unsupported claims. The hosts also explore the administration’s controversial boat strikes near Venezuela, questioning their legal basis. Additionally, they examine potential vindictive prosecutions in retaliatory charges against activists. The podcast highlights the growing judicial scrutiny over executive actions and the implications for civil liberties.
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Courts Can Reject Executive Fact Claims
- Judge Karin Immergut found the president's federalization decision was "untethered to the facts."
- The judge said courts must review factual claims even while granting deference to the executive.
Detailed Record Defeats Broad Federal Claims
- Immergut reviewed the record week-by-week and found facts did not support claims of widespread violence.
- She concluded federalization lacked a colorable basis and raised Tenth Amendment concerns.
Don't Circumvent Court Orders With New Troops
- Do not try to circumvent a court's order by sending different National Guard units without court approval.
- Appeal or seek clarification instead of deploying other states' troops to evade injunctions.