WSJ What’s News: Law and Politics – Trump’s Plan for the National Guard

Episode Date: September 14, 2025
Host: Alex Osola
Guests: Natalie Andrews (White House Reporter), Jess Bravin (Supreme Court Correspondent)

Overview

This episode examines President Trump’s unprecedented deployments of the National Guard to U.S. cities—particularly Los Angeles, Washington, D.C., and the planned deployment to Memphis. The discussion delves into the legal, political, and social ramifications, focusing on mixed reactions from local leaders, the public, and the courts. The episode explores whether Trump is achieving his stated goals, the guard’s day-to-day activities, and the potential for lasting legal precedents.

Key Discussion Points & Insights

Background and Timeline of Deployments

• In June, rising tensions due to immigration raids in Los Angeles led to protests. Trump responded by deploying the National Guard and military troops.
• In August, Trump sent the Guard into Washington, D.C., citing a “scourge of violent crime,” even as FBI data showed a decreasing trend in crime.
• On Friday before the episode, Trump announced plans to send the Guard to Memphis, just as crime rates hit a 25-year low in that city.
• Trump has indicated he is ready to deploy troops to other cities, including Chicago and New Orleans.

What is the National Guard and How is it Being Used?

• Jess Bravin [02:04]:
  “The National Guard is under the authority of each state's governor … but the president has the power to federalize them when there is a national emergency.”

  • The Posse Comitatus Act forbids the military from domestic law enforcement unless specifically allowed by Congress, with certain exceptions for emergencies.
  • The definition and threshold of “emergency” is a legal gray area being tested.

• Natalie Andrews [03:15]:
  “The idea is that they're there as a kind of a backup police force … they are carrying large weapons … making arrests, they're out with officers. There's checkpoints … They may pull over every car and ask for documentation. The National Guard is also helping with that.”

  • In D.C., the Guard is highly visible, supporting law enforcement, manning checkpoints, assisting with city maintenance.
  • In Los Angeles, federalization occurred over Governor Newsom's objections, and the Guard is tasked with protecting federal buildings and employees—though what constitutes overstepping into policing is currently under litigation.

• Jess Bravin [04:05]:

  • In D.C., the President commands the Guard due to lack of a governor, treating it as the state militia.
  • In California, the Guard was federalized despite the governor's objection—a rare, contentious move.

Trump’s Goals & Motivations

• Natalie Andrews [05:15]:
  “Donald Trump sees this as him showing strength. This is him showing, hey, look, I came into these cities, I ended this. This is what you elected me for … He's long been bugged by the graffiti here, a lot of which includes his name [with] expletive, so … he wants to clean it up.”
  • Trump’s stated objectives are to reduce crime and project strength, especially in cities controlled by political opponents.
  • There is also a personal dimension, especially regarding the appearance of Washington, D.C.

Reactions & Pushback

On the Ground & In the Courts

• Memorable Moment [06:49, Natalie Andrews]: “There was a very notable moment early on … a man dressed all in pink threw a Subway sandwich at the National Guard … and they went after him hard. The White House response: they filmed a TikTok-esque video of them going to take him down and to arrest him.”

  • This incident exemplifies the heightened tension and publicity surrounding the deployment.

• Mayor Bowser of D.C. issued an order to continue working with federal law enforcement, suggesting the deployment may be long-term.

• California’s Governor Newsom strongly objected, calling out Trump’s “relentless, unhinged California obsession.”

  Jess Bravin [07:50]:

  • The federalization occurred “over the objection of the state governor and with barely any notice to him.”
  • Courts are assessing if the actions by the Guard exceed lawful bounds—i.e., stepping into regular law enforcement.

Legal Disputes and Precedents

• Jess Bravin [09:11]:

  • A federal court found that in LA, the Guard was performing prohibited activities: “security patrols, traffic control, crowd control, and riot control”—all viewed as law enforcement, restricted by Posse Comitatus.
  • Still off-limits: pursuit, arrests, search and seizure, evidence collection, interrogation.

• Legal questions focus on what constitutes a legal “predicate” for federalizing the Guard in future cities. The California case may serve as a blueprint for further challenges.

Political Impact

• Natalie Andrews [11:07]:
  “These are not Republican cities … So does this help him if he can show, yes, look what I've done. I've really changed the numbers here for these cities … But … if there’s large backlash … he risks having this backlash of almost being too much of a strongman.”

• Trump’s actions play to his base but may alienate those in the impacted cities and beyond, especially if images of militarized responses go viral.

Legal Implications for Future Presidents

• Jess Bravin [12:18]:
  “Having a bunch of people standing around with combat weapons … things can go wrong by accident. I can’t help thinking about 1970 and the Ohio National Guard at Kent State University.”
  • The longer and more frequently such deployments occur, the greater the risk for incidents and setting long-lasting precedents.
  • Increased surveillance and phone video means any misstep could quickly escalate into a national controversy.

Notable Quotes & Moments

• Jess Bravin [02:04]:
  “The main rule we're talking about is something called the Posse Comitatus Act … the US Military cannot be involved in domestic law enforcement unless Congress has specifically authorized it.”

• Natalie Andrews [06:49]:
  “There was a very notable moment … a man dressed all in pink threw a Subway sandwich at the National Guard … The White House … filmed a TikTok-esque video … to take him down and to arrest him.”

• Governor Newsom, via Natalie Andrews [07:32]:
  Trump’s “relentless, unhinged California obsession.”

• Jess Bravin [12:18]:
  “Things can go wrong by accident. I can’t help thinking about 1970 and the Ohio National Guard at Kent State University.”

Timestamps for Key Segments

• 00:18–02:04: Episode theme and background on National Guard deployment.
• 02:04–03:57: Roles and legal boundaries of National Guard use.
• 03:57–05:59: Specifics of deployment in LA and D.C.; Trump’s motivations.
• 06:36–07:50: Public, political, and legal reactions; notable incidents.
• 07:50–09:44: Governor Newsom's pushback and court challenges; Posse Comitatus explained in practice.
• 09:44–12:56: Broader legal and political implications, precedent-setting concerns.
• 12:56–13:09: Concluding thoughts on media, surveillance, and repercussions.

Conclusion

This episode offers a thorough exploration of President Trump’s use of the National Guard in domestic policing roles, the mixed responses it has garnered, and the unresolved legal questions now under court consideration. The conversation makes clear that the actions taken could reshape the precedent for federal control of state forces, with serious implications for the balance of power, civil liberties, and federal-state relations in the U.S.