The Lawfare Podcast

Rational Security: The “How Many Constitutional Crises Can We Fit Into One Episode?” Edition

Jun 11, 2025
Chris Mirasola, a Lawfare contributor and former Defense Department lawyer, joins to discuss the recent call-up of the California National Guard amid protests against immigration policies. The conversation explores the implications for constitutional order and the potential use of the Insurrection Act. They also tackle the Trump administration's request to rescind federal spending related to foreign assistance and public broadcasting, debating its likelihood of passing in Congress. The podcast further dives into the complexities surrounding a controversial deportation case and its legal challenges.
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INSIGHT

Limited Military Deployment Authority

  • The Trump administration's deployment in Los Angeles uses the "protective power," a narrower constitutional authority, to secure federal property and personnel.
  • This is more limited than the Insurrection Act and represents cautious escalation rather than an outright Rubicon crossing.
INSIGHT

Barriers to Insurrection Act Use

  • Invoking the Insurrection Act requires a president-issued proclamation to disperse protesters, a procedural step not yet taken here.
  • Political reluctance and the finality of the Act's use are major barriers to its invocation.
INSIGHT

Scale and Risk of Deployments

  • Current military deployments in Los Angeles involve more personnel than past events but cover a vast population, making large-scale crackdown less plausible.
  • Military presence risks escalation and potentially dangerous interactions with civilians, with unpredictable consequences.
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