The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Oct. 24
Oct 27, 2025
In this engaging discussion, James Pearce, a former Lawfare Public Service Fellow and senior counsel at the Washington Litigation Group, sheds light on pressing legal battles related to the Trump administration. He delves into the intricacies of U.S. attorney appointment challenges, discussing statutory frameworks and the implications of the Federal Vacancies Reform Act. Pearce also critiques ongoing legal strategies, including delegation theories in significant cases. The conversation is a captivating blend of legal analysis and current affairs.
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Circuit Split Over Guardrails For Domestic Deployments
- Ninth Circuit panels applied an unusually deferential standard to presidential mobilization under 10 U.S.C. §12406.
- That deference clashes with district judges who scrutinized factual predicates and may produce en banc review or Supreme Court intervention.
Supreme Court Pivotal For Chicago Deployment
- The Supreme Court was asked to decide immediate stays in the Chicago deployment dispute under §12406.
- Its ruling could shape similar challenges nationwide but will leave other statutory issues, like Posse Comitatus, unresolved.
Confirm Outside Prosecutors Know Criminal Procedure
- When prosecutors bring in outside counsel, ensure they understand criminal procedure basics like speedy-trial waivers.
- Defense teams should press for clarity on prosecutors' procedural knowledge to avoid sloppy filings or misunderstandings.