Particle.news
Download on the App Store

Stephen Miller’s ‘Plenary Authority’ Claim and On-Air Pause Focus Attention on Portland Guard Appeal

Courts weighing the Portland deployment emphasize that presidential power to federalize the National Guard is constrained by Title 10 and the Insurrection Act and remains reviewable.

Overview

  • On CNN, White House deputy chief of staff Stephen Miller said the president has “plenary authority” under Title 10 and then fell silent, prompting a cut to commercial that the anchor attributed to a technical issue.
  • The exchange came as the administration appeals U.S. District Judge Karin J. Immergut’s order temporarily blocking the federalization of National Guard troops for Portland, with a Ninth Circuit hearing scheduled for Thursday.
  • Legal experts and court rulings note that Title 10 permits federalizing the Guard only under narrow conditions such as invasion, rebellion, or when regular forces cannot execute the laws, and does not confer unchecked power.
  • Miller also asserted the administration had won an identical Ninth Circuit case involving the California National Guard, a factual claim that subsequent reporting disputes.
  • Social media users speculated the pause was deliberate, but outlets report no evidence for that theory; CNN’s transcript includes the word “plenary,” even as some re-uploaded videos omit the initial exchange.