[Trump News] Trump declaring war on United States cities: “San Francisco and Chicago, New York, Los Angeles… We'll straighten them out one-by-one. It will be a major part for some of the people in this room. It’s a war too. It’s a war from within.”
Commented on Tue Sep 30 19:29:04 2025 UTC
I'm going to put this one back up but none of the top comments are discussing a legal issue and the OP did nothing to provide explanation or analysis or even try to identify what legal issue they think makes this belong here.
Here's an explainer of the Posse Comitatus Act from the Brennan Center and some of the gaps that might be present:
The Posse Comitatus Act Explained
Here's a discussion from More Perfect between Judge Posner and Ellie Mystal about presidents and war powers in the context or korematsu but also kind of informative about the judicial approach to presidential powers and national security. It's not 100% on point but might help flesh out some knowledge about why and how the courts were set up to deal (or not deal) with this.
FWIW the admin's perspective today is they are dealing with rebels in American cities and believes their future actions will be closer to dealing with civil war style rebellion in "blue" cities so they should get Lincoln-treatment from any court challenge. You should read it.
Radiolab Presents: More Perfect - American Pendulum I - Transcript
RICHARD POSNER: So Lincoln said "Oh well Taney, he's the Chief Justice, and he said this jerk should be released. I guess I have to do that. He's the Chief Justice." No, you do that enough times as the president, you're out.
ELIE MYSTAL: It seems to me that, that's why we have courts. We have courts-
RICHARD POSNER: Oh come on.
ELIE MYSTAL: Courts to restrain the executive abuse.
RICHARD POSNER: That is not why we have... We do not have courts so that presidents can be checked in situations of a national emergency. That wasn't why courts were set up.
ELIE MYSTAL: So that (laughs)... Then what, I, I mean I guess I'm, I'm flailing now, but then what stops them. What, if court... If Congress can't stop him, and if the courts can't stop him, like what can stop a president in a time of war.
RICHARD POSNER: There's nobody. There's nobody who can check that. That's the president's responsibility.
[this a cut away comment recorded and edited in because Mystal missed a point he wanted to make] ELIE MYSTAL: Hmm. Obviously I'd like a do over, because somehow in the heat of the moment I forgot that I'm talking about defending the rights of actual American citizens, and Posner is talking about people who are rebels to the country. Um, there's probably a way where I could have said, pointed that out to him.
ELIE MYSTAL: Um, in terms of the court stepping in, I mean it happens. It happened to Truman. But you know Judge Posner is right that it doesn't happen a lot. Which is why he gets to be Judge Posner, and I'm the guy that had to check Wikipedia.
RICHARD POSNER: And by the way do you think these Supreme Court Justices are great big brains.
ELIE MYSTAL: (laughs)
RICHARD POSNER: Big stars who were selected because they're the best lawyers in the United States, and their decisions are, are usually great. You think all that? I don't. I don't have a high respect for the Supreme Court at all.
ELIE MYSTAL: (laughs) Um, I'm, I...
RICHARD POSNER: Now you look at their decisions, you look at them. How they're appointed? Who appoints them?
ELIE MYSTAL: Right. This is-
RICHARD POSNER: So why do you think the Supreme Court is such a great balance to the president in a war.
I'm going to put this one back up but none of the top comments are discussing a legal issue and the OP did nothing to provide explanation or analysis or even try to identify what legal issue they think makes this belong here.
Here's an explainer of the Posse Comitatus Act from the Brennan Center and some of the gaps that might be present:
The Posse Comitatus Act Explained
Here's a discussion from More Perfect between Judge Posner and Ellie Mystal about presidents and war powers in the context or korematsu but also kind of informative about the judicial approach to presidential powers and national security. It's not 100% on point but might help flesh out some knowledge about why and how the courts were set up to deal (or not deal) with this.
FWIW the admin's perspective today is they are dealing with rebels in American cities and believes their future actions will be closer to dealing with civil war style rebellion in "blue" cities so they should get Lincoln-treatment from any court challenge. You should read it.
Radiolab Presents: More Perfect - American Pendulum I - Transcript
RICHARD POSNER: So Lincoln said "Oh well Taney, he's the Chief Justice, and he said this jerk should be released. I guess I have to do that. He's the Chief Justice." No, you do that enough times as the president, you're out.
ELIE MYSTAL: It seems to me that, that's why we have courts. We have courts-
RICHARD POSNER: Oh come on.
ELIE MYSTAL: Courts to restrain the executive abuse.
RICHARD POSNER: That is not why we have... We do not have courts so that presidents can be checked in situations of a national emergency. That wasn't why courts were set up.
ELIE MYSTAL: So that (laughs)... Then what, I, I mean I guess I'm, I'm flailing now, but then what stops them. What, if court... If Congress can't stop him, and if the courts can't stop him, like what can stop a president in a time of war.
RICHARD POSNER: There's nobody. There's nobody who can check that. That's the president's responsibility.
[this a cut away comment recorded and edited in because Mystal missed a point he wanted to make] ELIE MYSTAL: Hmm. Obviously I'd like a do over, because somehow in the heat of the moment I forgot that I'm talking about defending the rights of actual American citizens, and Posner is talking about people who are rebels to the country. Um, there's probably a way where I could have said, pointed that out to him.
ELIE MYSTAL: Um, in terms of the court stepping in, I mean it happens. It happened to Truman. But you know Judge Posner is right that it doesn't happen a lot. Which is why he gets to be Judge Posner, and I'm the guy that had to check Wikipedia.
RICHARD POSNER: And by the way do you think these Supreme Court Justices are great big brains.
ELIE MYSTAL: (laughs)
RICHARD POSNER: Big stars who were selected because they're the best lawyers in the United States, and their decisions are, are usually great. You think all that? I don't. I don't have a high respect for the Supreme Court at all.
ELIE MYSTAL: (laughs) Um, I'm, I...
RICHARD POSNER: Now you look at their decisions, you look at them. How they're appointed? Who appoints them?
ELIE MYSTAL: Right. This is-
RICHARD POSNER: So why do you think the Supreme Court is such a great balance to the president in a war.
