Stephen Miller's assertion that President Trump has "plenary authority" to deploy the National Guard to US cities has ignited fresh debate and confusion over the limits of presidential power, leaving both legal experts and the public questioning what the White House may attempt next, Newsweek reports. The White House deputy chief of staff made the assertion on CNN Monday while discussing efforts to send federal troops to Portland, Oregon, despite a judge blocking such action. His abrupt silence after making the claim led to speculation on social media, with some users suggesting he was told to stop talking, though CNN attributed the pause to technical difficulties. The network did not include the phrase "plenary authority" when it edited the video to post on social media, HuffPost reports.
Asked if Trump would abide by the judge's order, Miller said, "Under Title 10 of the US Code, the President has plenary authority, has—" before pausing, blinking, and failing to respond when the interviewer repeated his name a few times. After the show returned from a break, Miller continued, "I was making the point that under federal law, Section—Title 10 of the US Code, the president has the authority anytime he believes federal resources are insufficient to federalize the National Guard to carry out a mission necessary for public safety." He said the administration would "abide by the ruling insofar as it affects the covered parties" but that Trump also has "many other options ... to deploy federal resources and assets under the US military to Portland." Online searches for "plenary authority" increased after the clip, WUSA reports.
Plenary authority, rare in the US, gives one of the three branches of government total control over one area (such as presidential pardons). Legal experts quickly weighed in. Matthew Mangino, a former Pennsylvania district attorney, described "plenary authority" as "complete and absolute power," noting, "The office of the president is not endowed with it." He added that US governmental checks and balances give Congress and the courts the power to keep a president from overstepping. Richard Painter, the former chief ethics lawyer for President George W. Bush, clarified that while Title 10 of the US Code allows the president to federalize National Guard units in certain circumstances, it does not grant unchecked power, and significant limitations remain under the Posse Comitatus Act.
story continues below
CNN's editing of the clip, and Miller's apparent "glitching," led to "conspiracy theories" spreading online, the New York Times reports. Many speculated someone in Miller's earpiece instructed him not to use the phrase "plenary authority," though there is no evidence of this. The administration has used the term before, to explain why it believes Trump has complete power to rapidly deport migrants from Venezuela. (Meanwhile, National Guard troops took to the streets in Chicago and Memphis.)
,
uBlock 
,
and
Ghostery 
)
