The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Sep 5
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Sep 8, 2025 Katherine Yon Ebright, a counsel in the Brennan Center's Liberty and National Security Program, joins the conversation with a deep dive into the legal complexities surrounding the Trump administration. They discuss the activation of the National Guard in D.C. and its implications for local governance. Ebright analyzes the Trump administration's legal challenges concerning military actions and the Alien Enemies Act, offering insights on the balance of executive power and individual rights. The dialogue highlights critical court rulings that shape American governance and civil liberties.
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Administration Framed Boat Strike As Self-Defense
- The White House's 48-hour war powers letter framed the Caribbean strike as Article II self-defense focused on narcotics and migration flows.
- Scott Anderson warns this justification raises complex international-law and precedent concerns for future regional actions.
Bowser's Order Is Pragmatic Cooperation
- Mayor Bowser issued an order to cooperate with federal law enforcement "to the maximum extent allowable by D.C. law" while stressing limits on federal control of MPD.
- Scott Anderson frames this as pragmatic compromise, protecting local interests while avoiding direct confrontation with the White House.
Legal Tangle Around DC Guard Deployments
- D.C. has legal complexity: Home Rule, DC Guard statutes, EMAC and Title 32 interact and create ambiguity over who controls mobilization.
- Loren Voss notes plaintiffs argue federal control via JTF-DC made Title 32 deployments effectively federal and possibly unlawful.