Can President Trump Deploy The National Guard To Portland Or Chicago?

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Can President Trump Deploy The National Guard To Portland Or Chicago?

  • The first nine months of the second Trump administration have seen extraordinary litigation efforts by opponents of the government seeking to block its initiatives of every sort.

  • This page at Lawfare Media tracks some 190 active cases challenging Trump administration actions; and I don’t think that that list of 190 is comprehensive. The cases cover subject matter areas ranging from spending reductions to employee terminations to migrant deportations to regulatory actions, among many others.

  • Those following these litigations, or some of them, have undoubtedly noticed a pattern whereby a District Court judge, usually in a blue state, enjoins the administration’s action, only to have that injunction stayed by a Court of Appeals or by the Supreme Court within a few days or weeks. This pattern has been repeated multiple times in areas including spending reductions and migrant deportations.

  • Although none of the cases has yet reached full merits review at the Supreme Court, nevertheless there is a growing sense of District Court judges going beyond their job of enforcing the law, and instead seeking to supplant legitimate executive authority with their own policy preferences.

  • The latest series of cases involves the efforts of President Trump to deploy units of the National Guard to Portland and Chicago to support the efforts of ICE in those cities to enforce the federal immigration laws.

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Biggest Hogwash Of The Week: Justice Department Independence From Politics

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  • Late Friday afternoon (September 26) the U.S. Justice Department filed an indictment against former FBI Director James Comey in the District Court for the Eastern District of Virginia. The indictment is extremely brief — barely one page of text — and focuses only on a single statement made by Comey in sworn Congressional testimony given on September 30, 2020, which statement is alleged in the indictment to be false.

  • Note that essentially every other commentator on this subject is in the same position that I am in of not being able to make a full analysis of the merits of the indictment. That has not prevented the usual suspects from criticizing President Trump for pushing for the indictment. To some degree, I agree with these criticisms, or at least I am sympathetic to them, to the extent that they criticize the President for seeking to use the justice system to get back at his political enemies.

  • But then, seemingly in each case, the critics go farther, and assert that with this indictment President Trump has done something totally new and different, and has entirely broken or transformed (or maybe “trampled on”) the former longstanding and proper norms of the Justice Department of never, ever abusing the justice system to attack political opponents. These assertions are not potentially appropriate criticism, but rather are complete hogwash.

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Place Your Bet On The Future Of Energy: U.S. Or China

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Place Your Bet On The Future Of Energy: U.S. Or China

  • The first eight months of the second Trump administration have seen a sea change in energy policy.

  • Previously, under Biden, the federal government had undertaken a blowout of hundreds of billions of dollars of subsidies and incentives for so-called “renewable” energy sources, while simultaneously implementing dozens of regulations and restrictions to suppress the production and use of fossil fuels. President Trump has now reversed all of that.

  • However, please take note of an important distinction: although Trump and Congress have zeroed out nearly all subsidies and tax credits for wind and solar generation and for grid-scale batteries, they have not enacted comparable subsidies and incentives for fossil fuels. Instead, all sources of energy production now must stand or fall without subsidies, based on their ability to fulfill customer demand and to generate profit. All sources of energy are now on equal footing, and without subsidies.

  • Meanwhile, over in China, billions of dollars in subsidies have flowed for many years into developing the ability to produce the infrastructure for a wind/solar/storage energy system — things like polysilicon, solar panels, solar cells, wind turbine blades, wind turbine nacelles, and battery cells. As a result, China has become completely dominant in the world in manufacturing these and many related items.

  • So who is making the better energy bet?

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The Case Of Bolsonaro: What They Had In Mind For Trump

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  • Donald Trump is now President of the United States for a second term, having survived an unprecedented campaign of lawfare that has included no fewer than four criminal prosecutions, two state and two federal, brought during the four years that he was out of office. All were brought by highly partisan Democratic Party prosecutors.

  • The four prosecutions of Trump are all now essentially dead.

  • However, much of the process of killing off these prosecutions has occurred either since Trump’s re-election, or only because of the fortuity of Trump getting enough appointments to the Supreme Court during his first four years in office to have an effective majority on that Court.

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Do Not Give Up The High Ground On Freedom Of Speech!

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  • The four years of the Biden presidency were a terrible low point for the protection of freedom of speech in the U.S. A web of government agencies and allied NGOs sprang up with remarkable rapidity to identify and ban disfavored speech, almost always of conservatives.

  • As just a few examples: the White House itself pressured social media platforms to suppress disfavored speech on politically sensitive topics like Covid and climate change; the Cybersecurity and Infrastructure Security Agency collaborated with universities and NGOs like the Stanford Internet Observatory to get disfavored speech banned or suppressed; the Department of Homeland Security formed a Disinformation Governance Board to coerce social media companies to suppress speech deemed “disinformation”; and the FBI conducted wide-ranging investigations of Republican politicians and organizations.

  • The entire enterprise got the accurate nickname of the Censorship Industrial Complex.

  • This was an extremely important issue that drove many voters to Trump. After Trump was elected, we had every reason to expect that efforts like those of the prior administration to coerce the suppression of opponents’ speech of would come to an end. And, for the most part, they have.

  • However, the past week has seen two bad unforced errors on the freedom of speech front by high-ranking members of the Trump administration:

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Appeals Court Rules That President Trump's Emergency Tariff Gambit Is Unlawful

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  • One of the signature initiatives of President Trump’s second term has been what I have called the “tariff gambit” — the rapid blizzard of tariff actions, including declarations of emergencies, tariff impositions, increases and decreases in rates, postponements, and negotiations of new trade deals with various countries.

  • In several prior posts, including here and here, I have raised a series of concerns with this area of the President’s policies.

  • Putting aside for a moment the question of whether these various tariff initiatives constitute good public policy, a separate question is whether the President has a legal basis to impose, raise and lower tariffs on his own authority, even if he declares a “national emergency.”

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