The Phrase that Could End Trump's National Guard Power Grab

Harry talks to Marty Lederman, the former Deputy Assistant Attorney General who authored an amicus brief with a legal discovery that has shaken the Administration's attempt to deploy the National Guard to Chicago and other Democrat-led cities. Marty and Harry explain the critical oversight in the administration's reasoning, and they think through what a bruising legal defeat would mean for the effort to put boots on the ground in American cities. It's a possible game changer in a case Harry has called a "moment of truth for the High Court."

Mentioned in this episode:

Harry's Substack about the stakes of this case: https://harrylitman.substack.com/p/moment-of-truth-for-the-high-court

The Supreme Court's request for briefs on the phrase "the regular forces": https://www.supremecourt.gov/orders/courtorders/102925zr_hgci.pdf

Marty Lederman's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384148/20251110232925983_25A443.Lederman.Supplemental.Amicus.Brief.1110.pdf

Illinois and Chicago's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384145/20251110210604383_Illinois%20Supplemental%20Letter%20Brief%20Master%20Final%20To%20File%20PDFA.pdf

The administration's expanded brief on the phrase "the regular forces": https://www.supremecourt.gov/DocketPDF/25/25A443/384115/20251110170907870_25a443%20Trump%20v.%20Illinois%20-%20Supp.%20Letter%20Br.pdf

Learn more about your ad choices. Visit megaphone.fm/adchoices