Legal AF by MeidasTouch – Trump Sent Dire Warning by SCOTUS Ahead of Troops Ruling

Release Date: October 30, 2025
Host: Michael Popok (MeidasTouch Network)

Episode Overview

This episode of Legal AF, anchored by Michael Popok, delivers an urgent breakdown of a recent U.S. Supreme Court order regarding former President Donald Trump's attempt to federalize the National Guard in Illinois. The discussion focuses on the legal tug-of-war over presidential powers, the balance with the Posse Comitatus Act, and the potential implications of the Supreme Court’s intervention. The main thread is the possible curb on presidential authority to deploy military forces domestically under the pretense of law enforcement, as the court requests more briefing—signaling trouble for Trump’s legal strategy.

Key Discussion Points & Insights

1. Supreme Court’s Unusual Order

[03:02]

• The Supreme Court issued a brief but "curious" order demanding more information before ruling on Trump's attempted National Guard deployment in Illinois.
• This signals potential skepticism or lack of consensus on granting Trump the sweeping power he seeks.

Quote:
“...I think it signals to Donald Trump that he may be in trouble with his continued bid to federalize the National Guard, embarrass blue state leaders...which is all he's really doing. And I think the Supreme Court may, may be trying to find a way to put a stop to it.”
— Michael Popok [03:05]

2. Case Background & Legal Issues

• Trump’s action was blocked by decisions from Illinois courts and the Seventh Circuit Court of Appeals, which cited that federal statutes don’t permit presidential control of the Guard absent invasion or rebellion.
• The legal debate centers on 10 USC 12406—especially the language about “regular forces,” and the required conditions to invoke federal control.

Quote:
"...he was not properly exercising power, didn't have the right to exercise power under 10 USC 12406, a statute that...there wasn't an invasion...there wasn't a rebellion."
— Michael Popok [03:23]

3. Supreme Court’s Procedural Moves

• The emergency application first went to Amy Coney Barrett (the Justice responsible for the 7th Circuit), who referred it to the full Court—a standard process.
• Instead of ruling quickly, the Court requested additional briefs throughout November, notably inviting analysis from “friends of the court” (amicus briefs).

Quote:
“They want additional briefing through the month of November...The issue they want briefed…is whether the term 'regular forces,' as is used in 12406, encompasses the US military. It's a very interesting question."
— Michael Popok [04:08]

4. Interpretation of ‘Regular Forces’

• Popok gives historical and statutory background, suggesting that “regular forces” refers to federal law enforcement (like ICE or Customs & Border Patrol), not to the military.
• Cites the Posse Comitatus Act, which restricts use of the military for domestic law enforcement.

Quote:
"I've always interpreted that to mean local law enforcement, cops on the beat, ICE, Customs and Border Patrol, whatever the regular forces of the president are...not the military..."
— Michael Popok [05:30]

5. Balancing the Statutes & Constitution

• The Supreme Court appears to be struggling to reconcile the statute enabling limited Guard federalization with laws blocking domestic military law enforcement.
• There is no “rebellion” or “invasion” in Illinois, and Trump’s case rests on whether law enforcement is really insufficient to enforce federal law.

Quote:
"...looks like what the Supreme Court's trying to reconcile—this statute that allows the commandeering and deployment of the National Guard by a president with another statute that says he can't use the military on domestic soil for law enforcement purposes."
— Michael Popok [06:30]

6. Implications for the Court & Trump

• The need for further briefing signals possible division among the Justices—Popok speculates that Trump lacks a clear majority.
• There’s reference to possible historical research ("back to the 1700s and 1800s to see what regular forces meant") as the Justices explore original intent and precedent.
• The eventual outcome may deny Trump expanded authority, especially absent clear emergency conditions.

Quote:
"The fact they’re hung up on that, I think, is a terrible sign for Donald Trump...there may be five votes to block Trump in this particular area..."
— Michael Popok [08:50]

7. Looking Forward: Timeline & Process

• The Court’s call for further briefing (and likely no oral arguments) sets up a written decision, probably not in Trump’s favor.
• Popok indicates that even conservative-leaning Justices ("including a MAGA [Justice]") may be unsure about granting expanded executive powers.

Notable Quotes & Moments

| Timestamp | Quote | Speaker | |---------------|-----------|-------------| | 03:05 | "I think it signals to Donald Trump that he may be in trouble with his continued bid to federalize the National Guard..." | Michael Popok | | 04:08 | "...the only additional issue they want brief[ed]...is whether the term 'regular forces'...encompasses the US military." | Michael Popok | | 05:30 | "I've always interpreted that to mean local law enforcement...not the military..." | Michael Popok | | 06:30 | "...reconcile this statute that allows the commandeering and deployment of the National Guard by a president with another statute that says he can't use the military on domestic soil for law enforcement purposes." | Michael Popok | | 08:50 | "...may be five votes to block Trump in this particular area..." | Michael Popok |

Important Timestamps

• [03:02] – Popok sets the stakes: SCOTUS order and what it signals
• [04:08] – Clarifies what the Court is actually asking about (“regular forces”)
• [05:30] – Explains his own reading of “regular forces” and Posse Comitatus
• [06:30] – Analysis of legal interplay between statutes
• [08:50] – Popok’s prediction: The mood is shifting against Trump’s claims

Episode Tone & Language

• Tone: Analytical, urgent, conversational
• Language: Accessible legal analysis, clear explanations, candid speculation (“I think…”, “My interpretation would suggest…”)

Conclusion & Takeaways

Popok concludes that the Supreme Court’s call for further briefing is a clear warning: the Justices are not ready to hand Trump unchecked power to deploy the military domestically. The episode frames the situation as pivotal for the scope of presidential authority and for the rule of law in politically charged settings, with the final outcome to be determined in the coming weeks.

Final Thoughts:
“This is just domestic disturbance, First Amendment expression at best. How do you read Article II powers in conjunction with Posse Comitatus...That's what they're struggling with.”
— Michael Popok [07:30]

Stay tuned for the Court’s written decision and more analysis on future episodes.