The Brian Lehrer Show The National Guard in Los Angeles
Jun 9, 2025
Leah Litman, a Professor of Law at the University of Michigan and former Supreme Court clerk, dives into the controversial deployment of the National Guard in Los Angeles amidst fears of authoritarianism. She explores the legality of immigration raids and public protests, highlighting constitutional rights. Litman critiques President Trump's federalization of the National Guard and discusses Governor Gavin Newsom's response, emphasizing the tension between state and federal authority. The conversation also touches on the Supreme Court's broad view of executive power and its implications.
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Questionable Legality of Mass Raids
- Mass raids without clear warrants likely overstep legal bounds and detain people beyond probable cause.
- The exact legality is uncertain without seeing the specific warrants used by ICE during raids.
Protests vs. Obstruction Law
- Protesting bystanders generally do not commit federal crimes unless they assault or obstruct officers.
- Mass peaceful protests expressing dissent are constitutionally protected and should not be considered obstruction.
Legal Challenge to National Guard Deployment
- President Trump may lack legal authority to federalize National Guard without governors' consent.
- Lawsuit argues Trump's deployment exceeds both statutory and constitutional powers granted to the president.
