Yesterday we learned that the Department of Justice is monitoring and tracking members of Congress’s searches of the Epstein files. There’s no sugar coating it: the administration is spying on lawmakers as they exercise their constitutional oversight responsibilities. 1/10

My colleague @hannahajames.bsky.social has an important post in today's @justsecurity.org debunking DHS's claim that it has legal authority to enter homes without warrants.

After ICE agents wrestled Alex Pretti to the ground, beat him, and shot him to death, Governor Walz activated state National Guard forces at the Hennepin County Sheriff’s request. The sheriff cited “the potential for continuing and growing conflict” due to the killing. 1/20

President Trump is once again threatening to invoke the Insurrection Act, this time in Minneapolis. That would be a flagrant and particularly dangerous abuse of the Act—one that would threaten the rule of law and public safety alike. 1/13

SCOTUS’s decision in Trump v. Illinois ended Trump’s efforts to federalize National Guard forces under 10 USC 12406. In today’s @justsecurity.org, I explain why it could also complicate any efforts invoke the Insurrection Act or inherent constitutional power. www.justsecurity.org/128371/trump...

The Trump administration claims there was no need for Congress to authorize the military attack in Venezuela because the military was merely supporting a “law enforcement operation” (i.e., executing arrest warrants against the Maduros). That’s wrong on multiple counts. 1/20

Important and timely piece by @chrismirasola.bsky.social in today's @lawfare on why Trump couldn't deploy active-duty troops to perform security functions for ICE under a claim of inherent constitutional power to protect federal property/personnel/functions. www.lawfaremedia.org/article/conf...

The Supreme Court just heard oral arguments in the challenge to Trump’s worldwide tariffs. No matter how the Court rules (and I’ll do just a tiny bit of tea leaf-reading here), its decision will have enormous implications for the scope of presidential power. 1/25

My take on the appellate courts' rulings in the Nat'l Guard cases, & why SCOTUS should follow the approach of the 7th Circuit (which held that the deployment was untethered to the facts), not the 9th Circuit (which accepted the admin's alternate reality): www.brennancenter.org/our-work/res...

By a 2-1 opinion, the Ninth Circuit just held that the president can federalize the National Guard forces and deploy them when protesters shine flashlights in the eyes of ICE officers. It’s one of the most dangerous and legally flawed court decisions I’ve seen this year. 1/23

President Trump is abusing emergency powers to evade legal constraints on his actions, but he doesn’t actually have many of the powers he claims to have. My take in @gtownnatsec.bsky.social’s special edition on national security issues in the second Trump administration: tinyurl.com/3434ss8e

President Trump’s deployment of National Guard troops to Portland is off — for now. Last night, Judge Karin Immergut, a Trump appointee, issued a temporary restraining order prohibiting the deployment of ANY federalized National Guard forces in Portland. 1/7

This morning, hours after a federal judge ruled that it would be illegal to federalize and deploy Oregon National Guard troops in Portland, Trump deployed federalized California National Guard troops in Portland. 1/16

This morning, President Trump and Secretary Hegseth spoke to 800 high-ranking generals and admirals who had been called away from their stations around the world. At the meeting, Trump said he’d told Hegseth he should use American cities as “training grounds” for the military. 1/6

Before this administration, presidents had deployed the military to quell civil unrest or enforce the law only 30 times in the nation’s entire history. As of yesterday, President Trump has done so three times (with a fourth in the works) in just over eight months. 1/5

According to his social media post, President Trump is once again poised to send the military into an American city. This time it’s “War ravaged” Portland… a description that would baffle any actual Portland resident. 1/12

Facing stiff legal and political resistance to his military deployments in Los Angeles and D.C., Trump now seems to be shifting strategies and targeting blue cities in red states, such as Memphis and New Orleans. It’s bad news with a small silver lining. 1/24

A thorough synopsis of Judge Breyer's ruling in California's challenge to President Trump's deployment of the military in Los Angeles, from my @brennancenter.org colleague @josephanunn.bsky.social.

The Pentagon is reportedly planning to mobilize thousands of National Guard forces and deploy them in Chicago for the purpose of crime control. Trump is on even thinner legal ice with this plan than he is in Los Angeles and D.C. 1/12 www.washingtonpost.com/national-sec...

At Trump’s request, multiple red state governors are sending hundreds of armed National Guard forces into DC. This military occupation of the district is unprecedented and unjustified. If it’s allowed to stand, this country will be well on its way to becoming a police state. 1/22

My take in @justsecurity.org re: Trump's repurposing of federalized Guard forces in Los Angeles to assist DEA in conducting drug raids several hours outside the city. In short: it's an alarming and likely illegal escalation.

A three-judge panel of the Ninth Circuit Court of Appeals has granted the Trump administration’s request to stay a district court order that would have returned control of the California National Guard to Governor Newsom. 1/25 storage.courtlistener.com/recap/gov.us...

The Department of Defense has confirmed that U.S. Marines detained a civilian—reportedly an Army veteran who crossed a yellow tape boundary on his way to an office of the Department of Veterans Affairs. This is an apparent violation of the Posse Comitatus Act. 1/16 www.reuters.com/world/us/us-...

A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23

In today’s @justsecurity.org, I unpack Trump’s memorandum authorizing deployment of the military not only in Los Angeles, but anywhere protests against ICE activity (even if completely peaceful) are occurring or likely to occur. 1/2 www.justsecurity.org/114282/memor...

Trump has federalized at least 2,000 National Guard forces and reportedly plans to deploy troops to Los Angeles over Governor Newsom’s objections. If that happens, it will be the first time since 1965 that a president has sent troops into a state without a state request. 1/19

Yesterday the @BrennanCenter filed a brief with @CatoInstitute, Prof. @IlyaSomin, and Prof. John Dehn in support of ACLU’s lawsuit challenging President Trump’s invocation of the Alien Enemies Act invocation. 1/6 www.brennancenter.org/our-work/cou...

A second court has now ruled against the Trump administration on worldwide tariffs. Two courts comprising four judges (two Obama appointees, one Reagan appointee, and one Trump appointee) have now deemed the tariffs unlawful. 1/4 thehill.com/regulation/c...

Last night, a three-judge panel of the federal Court of International Trade unanimously held that Trump’s use of emergency powers to bypass Congress and impose worldwide tariffs is illegal. It’s a tightly reasoned decision that reaches the right outcome. 1/18 apnews.com/article/trum...

The National Guard in non-federal status isn’t subject to the Posse Comitatus Act. But sometimes POTUS can direct the Guard even without federalizing them. As my piece in @cnas.bsky.social’s National Guard series argues, Congress should close this dangerous loophole. www.cnas.org/publications...

Thread.

Yesterday the Brennan Center filed an amicus brief in support of four companies that challenged Trump’s imposition of worldwide tariffs under the International Emergency Economic Powers Act (IEEPA). 1/15 www.brennancenter.org/our-work/cou...

In the first decision to address whether the Alien Enemies Act authorizes Trump’s deportation of claimed members of Tren de Aragua (TdA), a Texas district court judge answered that question with a resounding “no.” 1/6 gov.uscourts.txsd.2000771.58.0_1.pdf

Important thread from my colleague @hannahajames.bsky.social about why warrantless immigration raids of people's homes violate the Fourth Amendment.

In today's @theatlantic.com, my colleague @ebrightyon.bsky.social and I explain how Trump's use of the Alien Enemies Act ignores the lessons of history, goes far beyond what even this draconian power allows, and is facing strong pushback from the courts. www.theatlantic.com/ideas/archiv...

The Trump administration has announced that members of the federal armed forces will now be apprehending, searching, and detaining migrants who “trespass” on land newly designated as part of a “military installation” along the southern border. 1/7 abcnews.go.com/Politics/sto...

Is saying that Kilmar Abrego Garcia is “never coming back” consistent with “facilitating” his release from the notorious El Salvador prison? If not, the administration is violating the Supreme Court’s order. x.com/WhiteHouse/s...

What’s this new executive order directing the Department of Defense to take over huge amounts of public land on the border? Simple: it’s yet another abuse of emergency powers—this one seemingly designed to make an end-run around the Posse Comitatus Act. 1/17 www.whitehouse.gov/presidential...

A federal court struck down a warrantless search under Section 702. That's great news, but as @hannahajames.bsky.social explains in @justsecurity.org, there's a potential wrench in the works: the court's broad view of the "foreign intelligence exception." www.justsecurity.org/109879/forei...

Last night, five justices of the Supreme Court struck down the temporary restraining order that has prevented the Trump administration from whisking Venezuelans away to a hellhole prison in El Salvador with no hearing or due process... 1/20 www.supremecourt.gov/opinions/24p...

This morning’s @NPR coverage included a common misconception about Trump’s use of the Alien Enemies Act to deport 137 alleged members of Tren de Aragua to El Salvador, where they are now being held in a prison notorious for human rights abuses. 1/11

Thread. Reporters, take note!

To get around the normal legal process for imposing tariffs on Canada & Mexico, Trump declared national emergencies and invoked the International Emergency Economic Powers Act (IEEPA). Another day, another executive action, another abuse of power. 1/15

Very useful analysis by @marknevitt.bsky.social (former JAG and naval jet pilot) of the concerns raised by Trump's firing of senior military officers. www.justsecurity.org/108284/how-t...

Trump is relying on a claimed migrant “invasion” to justify suspending asylum laws. In today’s @just_security, my colleague @EbrightYon and I explain why Trump is wrong -- both about what an “invasion” is and about what powers it triggers. www.justsecurity.org/107699/invas...

The Trump administration seems to be gearing up to defy a court order, with JD Vance tweeting this morning: “Judges aren’t allowed to control the executive’s legitimate power.” The battle lines for our democracy have been drawn. 1/9

Trump has once again declared that the International Criminal Court’s efforts to seek accountability for war crimes constitutes a national emergency—just like he did in 2020. And once again, it’s a spectacular abuse of emergency powers. 1/12

Trump has purged all Democratic appointees from what is supposed to be an *independent* civil liberties oversight board, leaving in place the Republic appointee (one Republican seat remains vacant) but denying the board the quorum it needs to operate.

My take in @TIME on why Trump's border emergency declaration is an abuse of emergency powers. In short, emergency powers are meant for sudden, unexpected crises that are moving too fast for Congress to handle--not longstanding problems like unlawful migration. time.com/7209435/trum...

This one is not getting enough attention. At least on its face, it seems to be directing NORTHCOM (through the Secretary of Defense) to develop a military campaign to “repel” the “invasion” resulting from “unlawful mass migration.” 1/10 www.whitehouse.gov/presidential...