The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Nov. 21
Nov 24, 2025
A judge orders the Trump administration to end National Guard deployments in D.C., while legal minds discuss the implications. Prosecutions of Letitia James and James Comey are examined, highlighting allegations of misconduct. The panel delves into various litigation across circuits, including a Tennessee injunction against National Guard actions. They also unpack the complexities surrounding immigration cases and university funding lawsuits. Tensions rise as insights into grand jury proceedings and political motivations emerge.
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Limits On Presidential Power Over D.C. Guard
- Judge Jelani Cobb (Judge Cobb) limited federal review to DOD implementing orders rather than the President's directive over the D.C. Guard.
- Her ruling emphasizes statutory limits on militia authority and rejects a free‑floating Article II power for the D.C. militia.
Title 32 'Other Duties' Is Not Unlimited
- Judge Cobb held 502(f)'s "other duties" does not independently authorize new federal missions without separate mission authority.
- She signaled that states' statutes and EMAC procedures constrain Title 32 out‑of‑state guard deployments.
Ninth Circuit Awaits SCOTUS Before Moving
- Ninth Circuit consolidated appeals in Oregon and is delaying briefing pending SCOTUS's Illinois ruling.
- The government is awaiting the Supreme Court's decision before resuming emergency briefing on stays.