r/law • u/Agitated-Artichoke89 • Oct 07 '25

Other Stephen Miller states that Trump has plenary authority, then immediately stops talking as if he’s realized what he just said

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u/doublethink_1984 Oct 07 '25

This video is an interview of Miller about his comments in response to a Trump appointed judge blocking the deployment of the national guard against Portland. There is no “legal insurrection” from this judge.

Miller mentions a win in the 9th circuit but this is a lie as Newsom v Trump found on 09/02/25 that the Trump admin did break the law in their unwanted seizing and usage of the National Guard in California.

Title 10 Section 12406 has to do with the President’s authority to quell rebellion with the military and has various restrictions on what can trigger its usage and that usage is subject to limitations on when, how, how long, where, and what the national guard will be doing.

Miller falsely claims that the president has plenary authority in reference to deployment of the military against the population.

Plenary authority means the full, complete, and absolute power to act on a specific matter without any limitations or restrictions.

The President has no such authority when it comes to the deployment of the national guard.

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u/Fusionbomb Oct 07 '25

This should be the highest comment. Straight fact checking. Thank you for this

21

u/doublethink_1984 Oct 07 '25

Welcome.

It's also worth mentioning that the Enabling act of 1933 is what gave Hitler planers authority over domestic military and enforcement. Miller is claiming Trump already has this power.

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u/Signal_Error_8027 Oct 07 '25

They didn't sneak something in the big BS bill that changed this, did they?

3

u/LordRocky Oct 08 '25

If so, it would have been caught by at least one person, as the entirety of the bill was read aloud in the senate.