Trump Sent Dire Warning by SCOTUS Ahead of Troops Ruling

Summary

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

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

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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.

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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.

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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 |

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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

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Episode Tone & Language

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

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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.

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Transcript

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Order in the last few hours from the United States Supreme Court, a curious little order. But 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, blue state mayors and blue state governors, 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. It's all buried in a paragraph from, from the United States Supreme Court in the last few hours. I'm going to break it down for you right here on the Midas Touch Network and on Legal AF. We've been waiting for about 10 days for the United States Supreme Court to make a ruling on an emergency application from the ruling of the 7th Circuit Court of Appeals, which sits over Illinois, which blocked Donald Trump's use of the National Guard deployment of the National Guard on in Chicago and in Illinois, finding that his he was not properly exercising power, didn't have the right to exercise power under 10 USC 124 06, a statute that there wasn't an invasion of a foreign country into America that he was trying to stop. There wasn't a rebellion. And it all came down to whether Donald Trump, as The language of 12406 lists out whether Donald Trump and any president through, through the use of regular forces, could not execute the law, the federal law. And so looking at facts on the ground, the 7th Circuit agreed with the judges in Illinois and said that doesn't seem to be the problem in Illinois. You don't get to just take over the National Guard when you feel like it. That went up to the 7th Circuit, that went up to the Supreme Court on an application by, by the Trump administration on an emergency app. We've been waiting 10 days now. I speculated at one point that we were waiting on not the decision, that the decision has already been made in some combination five to four, six to three, something like that. But we were waiting on the writing of the dissents. See, when you issue a ruling on an emergency order, it usually is only a page as opposed to the hundreds of pages sometimes on Supreme Court decisions on the regular docket, but that you get with it 8 or 10 or 12 or 20 pages or more of dissents or maybe concurrences concurrence means I agree in principle with most of the majority decision, but I want to be heard separately. A dissent is I don't agree with anything that the majority just did and I want to register my dissent. And usually that takes a minute. It doesn't take a minute to collect the votes to figure out whether we have five votes to make a ruling at the Supreme Court level. But it takes a while to write these other companion pieces of paper. I don't think that's what's happening any longer because we got an order in the last few hours from the Supreme Court that said that the emergency application was originally went to Amy Coney Barrett, who sits over the 7th Circuit as the first judge. It got referred to the full bench. That was all normal for a decision. But they want additional briefing through the month of November and on the and the issue. And I was like, oh, that's interesting. What's the issue? Well, here's the problem. Here's the red flag for Donald Trump. The issue they want briefed and the only additional issue they want brief. And they'll take briefing from friends of the court briefs as well, strangers who are filing briefs, is whether the term regular forces, as is used in 12406, encompasses the US military. It's a very interesting question. I think any fair reading of that statute is that using local law enforcement and using federal officers, not militia, not military, can Donald Trump in that combination of regular forces execute the law? In other words, can he continue to grab people off the streets in his immigration, removal and deportation program, get them to the ICE detention center and have them processed, yes or no? I mean, protesters in front of the ICE detention center. I mean, is that really stopping the, the movement of, of human beings through this immigration and removal program? Doesn't seem to be. In fact, there was, there were citations in the record by the 7th Circuit to bragging by Homeland Security and bragging by the Department of Justice that nothing was going to stop them. And they were very successfully processing thousands of people off the streets of Illinois. Okay. The statutory language talks about regular forces. 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. And that's, that's why regular forces and not, of course, not the military, because the military would then move into the Posse Comitatus act, which says, and you have to read these things in parallel and try to reconcile them. And it looks like that's 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. And so how do you put those two things together? That looks like what they are struggling with and they don't seem to have the votes. I don't, I mean you have to read the two things in harmony. You can't find them violative. I mean you can take a statute and say the way it's being read violates the constitution and Article 2 powers because this Supreme Court is always concerned with Article 2 Powers of the president under the Constitution. So what they're really reading is Article 2 powers on domestic soil without a war. So he's not commander in chief. This isn't a war. This is just domestic disturbance First Amendment expression at best. How do you read Article two powers in conjunction with Posse Comitatus powers in conjunction with the, the statute 12406 that allows under limited circumstances, three circumstances to take over the National Guard if you're the president? That's what they're struggling with. And that's interesting that they don't have the, that Trump does not have the votes right now to give him the power to do what he's done. And they seem to be hung up on this issue. My interpretation would suggest that there's, there may be five votes to block Trump on, on this particular, in this particular area because I, you know, they'll have to go back and look at the legislative history. They'll have to go back to the 1700s and 1800s to see what regular forces meant in history because that's how the Supreme Court operates with historical precedent. But I don't think it's the military because the rare circumstances when the presidents have used the military, including like Abraham Lincoln, you know, we were talking about rebellion and therefore sending in the troops to. So that was a, that was a different section of the three part test for 12406 we're not under rebellion, we're under regular forces are incapable of allowing the president to execute his law. The fact that they're hung up on that I think is a terrible sign for Donald Trump. Now we'll see as we see the further briefing over the course of November. And then of course I don't think there's going to be oral argument. I think we're just going to get a ruling that pops out. Sounds like one or two, including a MAGA is on the fence about Donald Trump and giving him this presidential superpower. And we'll continue to follow it all right here on Legal AF and the Midas Touch Network. The way to help us continue to bring you this type of honest commentary is to hit the subscribe button, the Midas Touch slide over to Legal AF YouTube as we as we march towards a million, it's a million subscriber march over on legal AF YouTube. We're going to hit it be in the next month or so with your help. And that's that subscriber base, to put it bluntly, is what keeps us on the air. It's what keeps the content coming to you. And then of course we got Legal AF substack as well, where you can become a paid member and now you're a card carrying member of the Legal AF community. So until my next report, I'm Michael Popak.

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