The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Jan. 5
Jan 7, 2026
Katherine Pompilio, a Lawfare Associate Editor and on-scene correspondent, shares her insights from the recent arraignment of Venezuelan President Nicolas Maduro. She describes the courtroom's tense atmosphere and security measures in place as Maduro pleads not guilty, raising claims of head-of-state immunity. The conversation also delves into the Supreme Court's ruling on Trump-era National Guard deployments and Jack Smith's impactful testimony regarding oversight questioning in Congress. Pompilio's firsthand account adds an engaging layer to the unfolding legal drama.
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Insurrection Act Is Legally Ambiguous
- The Insurrection Act may offer a clearer presidential route but its deferential standard and historical precedents create legal uncertainty.
- Lower courts previously gave deference on 12406 based on Insurrection Act cases, so outcomes invoking the Insurrection Act remain unsettled.
Watch State And D.C. Deployment Battles
- Expect future litigation and different legal fronts: D.C. Title 32 volunteer deployments and state-court challenges over governor consent are key battlefields.
- Monitor state-law suits and D.C. litigation because they may sustain some deployments despite the 12406 setback.
CFPB Funding Fight Continues
- Judge Amy Berman Jackson upheld a preliminary injunction requiring the CFPB to continue operations and pay staff despite OLC advice questioning its funding.
- The court viewed the administration's public dismantling statements as evidence of pretext for shutting the agency down.