Law Talk With Epstein, Yoo & Cooke

Insurrections, The Militia Cause, and Getting Dunked on By Charles Barkley

Jun 13, 2025
Dive into the chaos of federal troop use during civil unrest and the clash of state versus federal power. Explore the Insurrection Act's legal minefield and the implications of militarization in policing. Birthright citizenship and surprising Supreme Court ideologies bring intriguing twists to the conversation. Plus, enjoy a humorous tale involving a basketball game with Charles Barkley at the Supreme Court. Legal complexities and historical precedents weave through each topic, making for a captivating discussion.
Ask episode
AI Snips
Chapters
Transcript
Episode notes
ANECDOTE

Supreme Court Basketball Anecdote

  • John Yoo shared a memorable story of playing HORSE against Charles Barkley at the Supreme Court's basketball court.
  • Barkley's unguarded shooting skills overwhelmed him, making it a proud loss during a unique legal moment.
INSIGHT

Federal Troops Powers Explained

  • Trump has three escalating powers to use federal troops: protect federal officers, protect law enforcement operations, and enforce the law under the Insurrection Act.
  • Only the broadest—that is, policing powers—requires invocation of the Insurrection Act, which Trump had not used yet.
INSIGHT

National Guard Federalization Law

  • The National Guard acts as a state militia but can be federalized with congressional authorization, allowing the president limited command.
  • The legality does not require governor consent despite political norms; Trump’s legal authority to federalize is strong though political coordination is wise.
Get the Snipd Podcast app to discover more snips from this episode
Get the app