Don’t be rattled by Trump’s saber-rattling.

August 25, 2025

On Sunday evening, the news is dominated by Trump's threats to send the US military to several major cities to “fight crime,” with a particular emphasis on Chicago, New York, and Baltimore (for now).

The president has no authority to send the US military to perform law enforcement activities directed at civilians (except in limited circumstances that do not apply here). Like Trump's plan to ban mail ballots, he is making empty threats that he cannot keep.

True, he can order US military troops to change their physical location—e.g., “go stand in front of a federal building for a photo opp”--but he can’t order them to patrol streets to deter crime or arrest suspected criminals. He knows that. The military knows that. Every US soldier knows that.

It is also true that in cases of rebellion or obstruction of federal law, US troops can be used to restore order. Neither of those situations applies to performing regular law enforcement activities or enforcing US immigration law. U.S.C. Title 10 Section 12406

The war of words between Trump and Democratic leaders in Congress, Chicago, and Maryland seems to assume that Trump can and will send troops to serve as law enforcement surrogates to fight non-existent crime waves. Indeed, the war of words conflates and confuses two concepts:

• The deployment of troops in D.C. is not “the playbook” that can be replicated in other cities.

• The Pentagon has been planning for several weeks to deploy National Guard troops from a dozen-plus red states to provide clerical, case management, and logistics support to ICE to handle its burgeoning backlog of detained immigrants.

Unlike the deployment of National Guard troops in other cities, the president is the direct and sole commander of the D.C. National Guard. Much of downtown D.C. is federal property directly under the jurisdiction of the federal government. Having US troops stationed in downtown D.C. and at a variety of satellite locations in the District is not a model that can be replicated in Chicago, Baltimore, or New York.

Discussion about the current deployment began a few weeks ago as red state governors responded to Trump's request for National Guard troops to assist in cities across the US. But that proposed deployment is (appropriately) limited in a way that would not violate the prohibitions of the Posse Comitatus Act. See Stars and Stripes, (8/24/25), 7 states approve National Guard troops to support immigration detention operations.

Per Stars and Stripes,

National Guard troops in at least seven states will begin a federally funded mission within the next couple of weeks to help Immigration and Customs Enforcement manage its swelling population of detained migrants.

The Defense Department in late July called upon 20 states to provide up to 1,700 Guard troops collectively to work within that state on case management, logistic support and clerical work to help with ICE’s growing detention operations.

The troops would remain under the command of the governor.

As of Sunday evening, those existing plans for case management, logistic support and clerical work have been converted by Trump into threats to “send troops” to various cities. Trump can certainly send troops wherever he wants so that gullible members of the press can report breathlessly that “US troops have been sent to Chicago.”

The question is what those troops will do after the photo opportunity has ended. Under the Posse Comitatus Act, troops are prohibited from serving in a law enforcement capacity except in cases of rebellion, foreign invasions, or inability to enforce federal laws.

California is currently suing Trump for sending National Guard and Marines to Los Angeles in violation of the Posse Comitatus Act. During the recent trial on California’s claim, the US government offered a witness to support its case, William Harrington, who was the deputy chief of staff of the task force deployed to Los Angeles.

Per Courthouse News Service, Harrington testified as follows about the orders given to troops sent to Los Angeles:

William Harrington . . . testified that federal troops were not permitted to make arrests, nor conduct searches, seizures, security patrols, traffic control, crowd control, riot control or interrogations.

Harrington’s testimony is the linchpin of the government’s defense against California’s claim that it violated the Posse Comitatus Act. Harrington’s testimony is consistent with the use of federal troops to perform clerical work, case management, and logistical support in additional cities, as described in the Stars and Stripes article cited above.

In short, Trump's saber-rattling does not match the statements coming from the Pentagon or the administration’s trial witnesses defending accusations that the military violated the Posse Comitatus Act.

In short, I believe that Trump is making threats about using troops for photo opportunities rather than sending troops to Chicago, Baltimore, and other major cities to engage in police activities.

Of course, I acknowledge that if it were up to Trump alone, he would order the military to enter downtown Chicago in force and begin making indiscriminate arrests. But it isn’t up to Trump alone. He must have the cooperation of the Army if he is to violate the Posse Comitatus Act—which is a felony.

And before you assume that military commanders would unquestioningly obey Trump's orders, here is an interesting tidbit from the California trial alleging violation of the Posse Comitatus Act: The leader of the military task force sent to Los Angeles, General Scott Sherman, testified that he refused an initial order to deploy troops to L.A.

Per Reuters,

[General] Sherman said a Department of Homeland Security official criticized him and questioned his loyalty to the country after he denied an initial request for military assistance for the operation. A different request for assistance was later approved by U.S. Defense Secretary Pete Hegseth, Sherman said.

So, the military pushed back at the “initial” order to deploy to Los Angeles and then responded to a different order that came from Secretary of Defense Pete Hegseth.

To add one final wrinkle to the state of play, General Sherman testified that after resisted the deployment of troops to Los Angeles, he was told that there were four “constitutional” exceptions to the Posse Comitatus Act “when the troops are protecting federal property or personnel.” See AP. Those exceptions allegedly allow traffic control, crowd control, riot control, and searches when federal property or personnel are under attack.

The so-called “constitutional exceptions” are not being relied upon by the government in defending the L.A. deployment – presumably because the federal lawyers defending Trump know that no such exception exists.

So, here’s my point: The existence of the saber that Trump claims to be rattling is being contested in the California lawsuit on very narrow grounds—with the government claiming that the saber he is rattling is really a butter knife.

We shouldn’t trust Trump, but neither should we assume his bellicose language has anything of substance to back it up. And we certainly shouldn’t surrender in advance.

For example, Trump promised an executive order to ban mail ballots. He hasn’t issued it because it is impossible to write in a way that is not facially defective or merely advisory.

Moreover, Democrats have found their groove when it comes to battling Trump in the courts. If he sends troops to Chicago, Baltimore, or New York, they have a template from the California lawsuit that will allow them to file suit against Trump the same day.

Indeed, the example set by Marc Elias is instructive. The Texas legislature passed its partisan gerrymandering bill late last Friday. On Saturday morning at 8:00 a.m., Marc Elias’s firm filed suit in Texas challenging the law. See Democracy Docket, Advocates File Immediate Legal Challenge to Texas Gerrymander.

And less than 48 hours after the Texas legislature passed its bill, Maryland Governor Wes Moore said that all “options are on the table” in responding to the Texas gerrymandering scheme. See The Hill, Gov. Moore says he is looking into redistricting Maryland: ‘All options are on the table’

Democrats are fighting back. Trump is rattling a saber he doesn’t have. And in the only example of Trump sending troops to a city other than a federal district controlled by Congress and the president, the military commander refused the first order to deploy troops to L.A., doing so only after Secretary of Defense Pete Hegseth issued a different order that acknowledged troops could not preform policing functions, crowd control, riot control, or traffic control.

Don’t be rattled by Trump’s saber-rattling. We are not sheep. We are not potted plants. We can resist Trump legally and should win before any court that correctly applies the law to the facts.

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The Epstein Scandal isn’t going away.

The DOJ released its first tranche of the Epstein file on Friday—three days late. According to reports, 97% of the released materials consisted of documents already in the public domain. See The Hill, House Oversight Committee Democrats say most Epstein files turned over by DOJ were already public.

Per Rep. Ro Khanna,

Only 3% of the documents given to the Oversight Committee are new. The rest are already in the public domain. Less than 1% of files have been released. DOJ is stonewalling.

The partial production of public documents screams cover-up. What is Trump hiding?

Separately, a book by one of Epstein’s victims, Virginia Giuffre, will be published posthumously in October. See The Guardian, Epstein accuser Virginia Giuffre’s memoir to be published posthumously.

The book reportedly discusses the role of Prince Andrew in the Epstein sex trafficking ring. That alone should guarantee continued interest in further releases of the Epstein files, without regard to Trump.

Polls show that the public does not trust Trump's handling of the Epstein files. His Republican acolytes are suffering by association. A recent poll shows that 69% of Americans believe the government is covering up evidence by withholding the files, and 56% disapprove of Trump's handling of the release. See Newsweek, Trump Approval Rating on Epstein Probe Is Double Digits Underwater. Only 16% approve of the way Trump has handled the Epstein files.

The Epstein scandal isn’t going away for Trump. Not if we have anything to say about it!

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Reader notes.

Readers frequently send me notes about stories that are not in the headlines but nonetheless deserve attention. Over the weekend, I received two such stories.

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Nations around the world suspend parcel post service to US.

First, reader Jacquie J. sent a note saying that her friend in France was reporting that the French post office was refusing to ship parcels to the US unless they were gifts under $100. Obviously, that limit would cut off a significant amount of small business trade. (The reader mentioned Etsy.)

Several European and Asian nations are refusing to ship parcel posts to the US. Why? Because of Trump's unconstitutional, unlawful tariffs. See WaPo/MSN, Countries are suspending postal deliveries to the U.S. Here’s why.

Per the WaPo/MSN story,

A number of national mail companies around the world from Europe to Asia and the Pacific have responded by temporarily suspending some mail services to the U.S.

For consumers, this could mean delays in receiving packages

The move stems from sweeping tariffs the president imposed on most U.S. trading partners earlier this year.

In ways large and small, Trump's tariffs are undermining the US economy.

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US targeting crews on cruise ships for deportation

Reader and noted maritime photographer Jonathan Atkin has been calling my attention to the Trump administration’s targeting of foreign crew members on commercial cruise liners. See The Maritime Executive, U.S. Deports More Cruise Ship Crewmembers as Visa Review Expands.

Per the article,

The advocacy groups contend that the crewmembers are being “fast-tracked” for deportation with no legal process. They said no evidence, no charges, and no hearings are being conducted. Instead, the crewmembers are told they must sign deportation paperwork or face the potential of a $250,000 fine or jail time. As part of the deportation, they are also barred from returning to the United States for 10 years.

Jonathan reports the following:

The morale on the smaller coastal cruise vessels such as [NAMES OMITTED] Lines has sunk. Crew members are fearful. This may impact new hires on any cruise ship that makes port calls in the USA.

The bottom line of the crew members removed from [SHIPS] were well-known "family" of the crew . . . Now, without any recourse, they have been flown back to their home countries and are out of a job. They can no longer send money to their families.

Apart from the lack of due process and career-ending summary deportations, the cascading effects of enforcement actions against crews that are primarily foreign nationals will make themselves felt on the US economy. See US Inbound International Travel Gets A Downgrade | Oxford Economics.

Per the downloadable study cited above,

In December 2024, the forecast called for an 8.8% growth in international visitation, with a 16.0% increase in visitor spending. . . .

We now expect a 9.4% decline in international visitor arrivals for 2025, led by a 20.2% decline in visitation from Canada.

I would be interested to hear from readers about anecdotal evidence of cross-border (Canada, Mexico, and US) and international inbound travel to the US.

Concluding Thoughts

The end of last week and the weekend saw a wave of opinion pieces about “What’s wrong with the Democratic Party” and “democracy in America is already lost.” Readers forwarded such articles to me in a steady stream over the weekend to explain why they are feeling more anxious than ever.

I get it. Given the unrelenting assaults on democracy, it is easy to feel overwhelmed and helpless. But as I said during my Saturday morning livestream, we have the momentum. Trump is flailing wildly to distract from his ongoing failures, self-inflicted wounds, and emerging signs of declining health.

The Alaska “peace talks” were an epic failure and an embarrassment. Trump's policies are unfavorable across the board—so he is doubling down on them. The Epstein scandal won’t go away and is generating more public awareness with each ham-fisted attempt to cover up Trump's involvement. The Big Ugly Bill is starting to send economic shockwaves through the economy. And members of the resistance are not giving up!

We knew the summer would be a rough patch, but we have endured. Just as Congress will hit the ground running in September, so will we.

Stay strong! Talk to you tomorrow!

Daily Dose of Perspective

A new image of the Omega Nebula, which I have highlighted on several prior occasions. Although the night sky changes from day to day, it also repeats every year. So, we will be looking at some old friends with new photos over the next week.

The Omega Nebula is a star-forming region approximately 5,000 light years from Earth.

Enjoy!