Stephen Miller’s claim in an interview that President Donald Trump has “plenary authority” to deploy National Guard troops to U.S. cities has sparked conversations online about his intentions.
Speaking on CNN’s News Central on Monday afternoon, the White House deputy chief of staff stated, “The President has plenary authority,” while discussing the potential deployment of federal troops to Oregon, despite a judge blocking this move.
He then fell silent and did not respond to CNN anchor Boris Sanchez, sparking speculation about why he did not comment further; however, CNN said that there had been technical difficulties.
Newsweek reached out to the White House and Warner Bros. Discovery, CNN’s parent company, via email outside of normal business hours for comment.
Why It Matters
It is unclear what Miller meant by “plenary authority,” but Matthew Mangino, a former district attorney in Lawrence County, Pennsylvania, told Newsweek that it is “complete and absolute power.”
“The office of the president is not endowed with it,” Mangino said. “We live in a nation that has checks and balances on power. Congress and the courts can stop a president who seeks to exceed his authority.”
Miller’s interview comes amid intensifying concern that Trump might use the Insurrection Act to circumvent legal challenges that have quelled his efforts to deploy federal troops to U.S. cities where he claims there are high crime rates. Cracking down on crime has emerged as a major priority under Trump’s second administration, but the use of federal troops has sparked criticism and legal challenges.
What To Know
Miller’s interview came after a U.S. federal judge temporarily blocked the Trump administration from deploying National Guard troops to Portland, Oregon. The White House has requested that an appeals court pause this order.
Miller was asked if Trump would abide by the judgment. In response, Miller stated that the Trump administration had filed an appeal with the Ninth Circuit and had previously won a similar case regarding the federalization of the California National Guard.
He added: “Under Title 10 of the U.S. Code, the President has plenary authority, has—” before stopping and blinking. Sanchez said his name several times, but he still did not respond.
“Stephen, I apologize. It seems like we’re having a technical issue,” Sanchez said, and the show cut to a short break before resuming.
Miller then said the administration would “abide by the ruling insofar as it affects the covered parties,” but added that “there are also many other options the president has to deploy federal resources and assets under the U.S. military to Portland.”
He continued: “I was making the point that under federal law, Section—Title 10 of the U.S. 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.”
Title 10 of the U.S. code allows a president to call the National Guard into federal service in the event of an invasion or danger of rebellion.
Following the interview, social media users speculated that Miller had been advised not to use the phrase “plenary authority,” though there is no evidence to support this claim.
Writing on X, Jamie Bonkiewicz, a user with over 12,000 followers, said: “Stephen Miller didn’t glitch. He said ‘plenary authority’ and whoever was in his ear told him to STFU because he said too much and he froze like a deer in headlights.”
Political YouTuber The Soy Pill wrote on X: “Stephen Miller is claiming Trump has Plenary Authority, then short circuits cause he know he f***** up and isn’t supposed to be admitting that he is trying to make Trump a king. Wake the f*** up please and stop playing defense for these incompetent fascists.”
Christopher Webb, a Democrat-supporting account with 142,000 followers, said: “Stephen Miller said the quiet part out loud,” adding, “The plan wasn’t to be made public. Clearly someone hit the panic button in his earpiece.”
“I can’t speculate whether Stephen Miller had a real glitch or faked it because he accidentally ‘let the cat out of the bag,’ but this administration has not been shy about grabbing power, manipulating Congress and ignoring the courts,” Mangino said. “Call it whatever you want.”
What People Are Saying
Richard Painter, a chief ethics lawyer under former President George W. Bush, told Newsweek: “Under Title 10 authority, National Guard units federalized under Title 10 receive federal funding, their members receive the same benefits as active-duty service members, and they are subject to the limitation of the Posse Comitatus Act generally prohibiting use of the military for domestic law enforcement. Typically, Title 10 is invoked when National Guard units are used to support active-duty operations overseas.
“Domestic use under Title 10 is limited to protection of federal agents in the performance of their duties and protection of federal buildings, and when there is broader deployment of the federalized National Guard to repress rebellion against the United States or to enforce federal laws, ‘Orders for these purposes shall be issued through the governors of the States.’
“The statute is carefully designed to limit use of the federalized National Guard consistent with the Posse Comitatus Act and there is no mention of ‘plenary authority’ to override the restrictions imposed by that Act.”
Oregon Attorney General Dan Rayfield: “Sending in 200 National Guard troops to guard a single building is not normal. What we’re seeing is not about public safety, it’s about the President flexing political muscle under the guise of law and order.”
White House press secretary Karoline Leavitt, during an October 3 briefing: “President Trump will end the radical left reign of terror in Portland once and for all.”
What Happens Next
The Trump administration’s appeal is scheduled to be heard on Thursday.
The Trump administration has also deployed Texas National Guard soldiers to a facility outside Chicago, with Texas Governor Greg Abbott writing on X that they were “on the ground and ready to go.”
