The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Oct. 31
Nov 3, 2025
Marty Lederman, a Lawfare contributor and former DOJ official with expertise in constitutional law, joins the discussion. Lederman dives into the Supreme Court's handling of National Guard federalization and the implications of 10 U.S.C. §12406 on military deployments. The team debates James Comey’s motions to dismiss his indictment, alongside ongoing politicization within the DOJ. They also analyze the legality of SNAP benefit suspensions during government shutdowns and discuss the constitutional dynamics at play in these high-stakes litigations.
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Factual Error Raised Over FPS Numbers
- Plaintiffs flagged a factual error about FPS personnel numbers; initial reports cited 25% diversion but corrected numbers show much lower peak percentages.
- The discrepancy (25% vs. as low as 4–6%) could materially affect courts' reliance on the government's claims.
D.C. Case Focuses On Home Rule And Harm
- D.C. litigation centers on whether Title 32 activations and out-of-state Guard deployments perform law-enforcement functions that violate Home Rule or Posse Comitatus.
- Judge Cobb was skeptical of plaintiffs' claimed irreparable harms and asked for concrete evidence of actual harm.
Seventh Circuit Blocks Daily Reporting Order
- Seventh Circuit granted mandamus to block a district judge's daily in-court reporting order for CBP chief, citing separation-of-powers concerns.
- The appellate court said the order made the judge an inquisitor and intruded into executive management decisions.