politicization of the military

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Soldiers from the 143rd Military Police Company, 49th Military Police Brigade, California National Guard, serving under Title 10 status, establish a security perimeter in Mecca, Calif., June 18, 2025. U.S. Northern Command is supporting federal agencies by providing military forces to protect federal functions, personnel, and property in the greater Los Angeles area. On June 7, the Secretary of Defense directed USNORTHCOM to establish Task Force 51 to oversee Title 10 forces supporting this mission. (U.S. Army photo by Sgt. Chase Murray)

Trump’s Use of Federal Troops in Drug Raid Outside of Los Angeles: An Alarming Escalation

"An alarming escalation of the president's efforts to use the military as a domestic police force. Based on currently available information, it appears to be illegal, as well"
Screenshot from Newsom v. Trump hearing in 9th District Court of Appeals (via YouTube)

Posse Comitatus Act Meets the President’s “Protective Powers”: What’s Next in Newsom v. Trump

"Congress has been far more clear than is widely believed about what its view is..."
Mounted police officers during the No Kings Day protests on June 14, 2025 in Los Angeles, California. Marches and protests are taking place across the nation in opposition to Trump and recent ICE raids targeting immigrants. (Photo by Cristopher Rogel Blanquet/Getty Images)

The “Unwilling or Unable” Test for Sending U.S. Military to Los Angeles

"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."
Secretary Noem posts an Instagram reel on April 8, 2025 with the text message: "Human traffickers. Drug Smugglers. 18th Street Gang members. Spent the morning in Phoenix with our brave @icegov and Arizona law enforcement arresting these dirtbags and getting them off of our streets."

What are “Wartime Authorities” and When Can the President Use Them? An Expert Q&A

It is essential to understand the line between war and peace, scrutinize the application of wartime powers, and interrogate the president’s assertions when he triggers them.
Tank and soldiers shown on Mexico border

The New “National Defense Area” at the Southern Border: What You Need to Know

NSPM-4 creates a military area that is twice the size of Washington, D.C. and expands the military’s role in stopping cross-border migration.
From left to right, standing in the back row are Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.
The Pentagon logo and an American flag are lit up in the briefing room of Pentagon in Arlington, VA.

How the Pentagon Personnel Firings Threaten Our Apolitical Military

This unprecedented purge of the nation’s top brass suggests that Trump may attempt to fill these roles with officers he perceives as loyal.
Cropped closeup shot of a transgender flag on a soldier's uniform

The Attempt to Purge Trans Members from the Armed Forces

The effort to purge all trans people from the military is not merely a repeat of the struggle that played out during the first Trump administration; it is an attack of a different…
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump’s Stated Goals for the U.S. Intelligence Community: Assessing the Impact

Former CIA and FBI officials assess the impact on national security in former President Trump's stated plans for the intelligence community.
A man in a grey suit and a red tie walks surrounded by reporters holding phones towards him.

Senator Tommy Tuberville’s Dangerous Military Promotion Ploy

The U.S. military already faces a recruitment crisis. Senator Tommy Tuberville's politicization of the promotions process over abortion makes things worse, violating civil-military…
U.S. President Donald Trump speaks to Air Force personnel during an event September 15, 2017 at Joint Base Andrews in Maryland.

The U.S. Military Is Increasingly Politicized. Active-Duty Personnel Need to Prepare.

When Americans watch news coverage of any contemporary event, no one’s surprised to see it turn political. We live in a time when we can expect almost any topic – whether it’s…
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