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

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

Update: 2025-11-13
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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

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

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

Harry Litman