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Illinois AG slams 'dangerous' DOJ arguing Trump has 'absolute discretion' over Nat. Guard deployment
MSNBCยท 2025-10-25 14:51
Legal & Political Landscape - Federal courts are grappling with the extent of presidential power to deploy the National Guard against the wishes of state governors [1][2][3][4][5][6][7][8][9] - The core legal question revolves around whether the president has absolute discretion to determine when prerequisites for deploying the National Guard (foreign invasion, rebellion, inability to carry out federal law) exist, or whether that determination is subject to judicial review [4][5][9] - Concerns exist that granting the president unchecked discretion to militarize cities could lead to abuse of power [5][10][15][16] - Congress has laid out specific criteria for deploying the National Guard, but the DOJ argues the president has absolute discretion and it's not subject to judicial review [8][9] Intergovernmental Relations - The Trump administration's plans to deploy the National Guard to San Francisco were called off after pushback from the mayor and tech industry contacts [1][13] - Differing approaches exist among mayors in dealing with the Trump administration's deployment of the National Guard, with some taking a more conciliatory approach [13][14] - Concerns are raised that a mayor's or governor's relationship with the president should not determine whether their cities are militarized [15][16] Immigration Enforcement & States' Rights - The Justice Department's stance on immigration enforcement raises concerns about potential overreach and disregard for states' rights [17][18][19] - The Attorney General of Illinois asserts that ICE does not have unlimited immunity and that local law enforcement is capable of maintaining peace [19][20]