Breaking: Trump dealt shock loss in major case - Brian Tyler Cohen
Democracy Watch episode 443: Trump loses troop deployment case in CA appeals court.
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Brian and Marc Elias discuss recent court victories against Trump's attempts to deploy National Guard troops in states like California and Illinois. Marc explains that courts ruled the president cannot unilaterally take over state National Guard units unless he can prove inability to maintain order using the U.S. militarywhich is itself restricted by the Posse Comitatus Act.
Key points:
Court rulings: Both California (Gavin Newsom) and Illinois (JB Pritzker) successfully blocked Trump's National Guard deployments, with the Supreme Court ruling 6-3 against the Chicago deployment
Election implications: These rulings prevent Trump from easily deploying military forces in cities during the 2026 midterm elections, reducing potential for voter intimidation or interference
Future concerns: Elias predicts Trump will invoke the Insurrection Act before the 2026 elections, potentially deploying regular military forces
Trump's response: Trump claimed he's withdrawing troops because "crime has been greatly reduced" but threatened to return "in a much different and stronger form"
Legal analysis: The Supreme Court's decision was somewhat surprising given its previous deference to Trump, with Elias suggesting three possible explanations: institutional limits, reaction to Trump's weakening political position, or strategic positioning before future controversial rulings
The discussion emphasizes the importance of calling out Trump's "predicate lies" about crime and the need for continued vigilance as the 2026 elections approach.