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Is Trump Outside of the Law on the National Guard and Letitia James?
Members of the National Guard patrol near the U.S. Capitol on October 1, 2025, in Washington, D.C. Congress could not agree on a budget to fund the government at midnight, causing the first shutdown since 2018. (Al Drago via Getty Images)
Jed Rubenfeld breaks down both cases.
By Jed Rubenfeld
10.13.25 — Jed Rubenfeld
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It’s another week in America, which means that columnists throughout the land will declare that we’re in the middle of another constitutional crisis. It’s still not true. What is true is that President Donald Trump keeps pushing at the boundaries of his lawful power. And for now, at least, the courts are doing their job.

Two unfolding stories deserve special attention. They are Trump’s use of the National Guard and the indictment of New York attorney general Letitia James. Let’s take each in turn.

National Guard

The president is trying to send National Guard troops into what he calls “war-ravaged” Portland, Oregon, and “hellhole” Chicago, where anti-ICE protests, sometimes violent, have taken place. Earlier this month, a federal district judge appointed by Trump blocked the Guard from deploying in Portland. Last Thursday, another federal district judge did the same thing in Chicago, again finding that the anti-ICE protests are not violent enough to justify deploying the Guard.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Donald Trump
Law
Rule of Law
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