The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, June 13
Jun 16, 2025
Join James Pearce, a Legal Fellow focused on national security, Anna Bower, a Senior Editor specializing in legal analysis, and Quinta Jurecic, another Senior Editor providing insights on national security. They dive into the legality of federalizing the California National Guard and explore implications of the Alien Enemies Act. The discussion also covers the critical pretrial hearing for Kilmar Abrego Garcia and the recent indictment of Congresswoman LaMonica McIver, unraveling complex legal themes amidst ongoing political tensions.
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Judge Breyer Limits Guard Deployment
- Judge Charles Breyer issued a broad temporary restraining order against deploying the California National Guard without the governor's involvement.
- The ruling challenges the Trump administration's statutory and inherent authority claims on National Guard federalization.
Deference vs. Objective Reality
- Courts face tension between deferring to presidential authority and objectively judging the existence of rebellion.
- Excessive deference risks allowing presidents to declare rebellions on preposterous factual claims.
Extreme DOJ Stance on Reviewability
- The Justice Department takes an extreme stance: courts cannot review the factual basis for a president's declaration of rebellion.
- This position prevents any judicial oversight of the president's decision to deploy the National Guard.