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If the case reaches him, will Chief Justice John Glover Roberts allow SCOTUS to be fully Captured? [1]

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Date: 2025-06-18

The other day June 17th, 2025 I watched a stunned Law Expert Lisa Rubin as she read the arguments that were just made available regarding what the Trump regime is claiming with the invocation of Title 10 USC §12406

I’m no lawyer and often (most times) have to look up the meaning of everything lawyers say when they’re explaining court situations and different things like: ‘The Appeals court stayed/ temporarily blocks judge Breyer’s ruling’.

so better to listen to the experts who make it real clear in the video section posted below of Lawrence O’Donnell and law expert Lisa Rubin

MSNBC Legal Correspondent Lisa Rubin joins MSNBC’S Lawrence O’Donnell to discuss the argument Trump’s lawyers presented in the appeals court hearing on deploying the California National Guard: that the president “has the authority to deploy the national guard whenever he is unable to execute the forces with regular law.”

Although: That brief MSNBC summary of the video segment is inaccurate, or rather, is almost completely wrong, because it leaves our the worst of what the Trump Regime is actually claiming and what Lisa Rubin digs into with Lawrence O’Donnell: Donald and his lawyers didn’t even try to argue that they’d met one of the three condition necessary to invoke 10 USC §12406.

Donald and his lawyers invented a brand new fourth condition allowing them to invoke Title 10 USC §12406:

The fuck you condition; Stephen Miller’s: Donald Trump “shall not be questioned”- condition — and no court can review any of Donald’s commandments / Executive Orders — Ever



What Donald Trump is claiming as his power is that he alone has full unfettered discretion that is unreviewable by any court — Ever

x Fight over Trump’s CA National Guard deployment continues in appeals court msnbc.com/the-last-wor... via @msnbc Trump lawyers claim that their illegal invocation of 10USC § 12406 is Entirely UNreviewable by any court - Ever Judge Breyer was 100% correct - This is pure Corruption — EricNelson (@eric-nelson.bsky.social) 2025-06-18T04:48:30.439Z

Iow’s Donald’s word alone; in the deputy chief of staff Stephen Miller’s own words when addressing Trump Muslim ban in 2017:

The end result of this, though, is that our opponents, the media and the whole world will soon see as we begin to take further actions, that the powers of the president to protect our country are very substantial and will not be questioned.

So factcheck.org was wrong in its correction; the little in-house fascist meant what he said

Donald Trump: “Shall Not be Questioned!”



This is the Trump memo that stunned Lisa Rubin as she explains with Lawrence O’Donnell:

June 7, 2025

MEMORANDUM FOR THE SECRETARY OF DEFENSE THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY SUBJECT: Department of Defense Security for the Protection of Department of Homeland Security Functions [the key power-grab section] The members and units of the National Guard called into Federal service shall be at least 2,000 National Guard personnel and the duration of duty shall be for 60 days or at the discretion of the Secretary of Defense. In addition, the Secretary of Defense may employ any other members of the regular Armed Forces as necessary to augment and support the protection of Federal functions and property in any number determined appropriate in his discretion. — emphasis added





Here is the decision by Judge Breyer that the 9th circuit Appeals court temporarily blocked (so at this point the Trump regime can continue law-breaking round-ups and kidnapping, and disappearing people)

Judge Breyers decision (pdf): A decision that was 100% correct — imo — and other experts

Breyer’s decision is clear and easy to understand — and well worth the time it takes to read up on it



an excerpt that covers what Lawrence O’Donnell and Lisa Rubin were discussing:

Indeed, at the hearing Defendants contended that the President could invoke § 12406 on no evidence whatsoever and remain immune from judicial review . — emphasis added

and then more here from Judge Breyer’s decision on the three conditions required to invoke Title 10 USC 12406:

And to be sure, when the “executive possesses a constitutional or legal discretion, … their acts are only politically examinable.” Marbury, 5 U.S. at 166; see also Dalton v. Specter, 511 U.S. 462, 477 (1994) (“Where a statute … commits decision making to the discretion of the President, judicial review of the President’s decision is not available.”). Defendants misconstrue the plain language of § 12406, however. The statute permits the President to federalize the National Guard “[w]henever” one of the three enumerated conditions are met, not whenever he determines that one of them is met. 10 U.S.C. § 12406. Defendants point to the language providing that “the President may call into Federal service members and units of the National Guard of any state in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws.” Id. (emphasis added). But their argument puts the cart before the horse. . [the three conditions] For the President to exercise his discretion (as to how many National Guard members or units to federalize), there must first be an invasion, rebellion, or inability to execute the laws. Consider, as an analogy, 5 U.S.C. § 3345, which applies “[i]f an officer of an Executive agency … whose appointment to office is required to be made by the President … dies, resigns, or is unable to perform the functions and duties of the office.” Id. § 3345(a). The President’s discretion in what to do next, see id. § 3345(a)(2)–(3), does not mean that the President can unilaterally and without judicial review declare that a vacancy exists in order to fill it. That is classic ipse dixit. . — emphasis added by me

Three conditions required to legally invoke Title 10 USC § 12406:

1) There was no invasion.

2) there was no rebellion..and

3) the only reason that Donald Trump was “unable to execute the laws” — is because Donald isn’t trying to execute the lwas, he’s and his white supremacist and deputy chief of staff, Stephen Miller who is actually running the White House policies on this, are busy breaking the laws of this land



Their invocation of this 10 USC § 12406 is nothing but a bullshit con-job; a vehicle to pretend they are following the very laws that they are violating. And they’re violating laws for the purpose of claiming that they are “immune from judicial review”





This is why I named Chief Justice of the supreme court John Glover Roberts in the title of this rant of a diary.

If and when this attempt by the Trump regime to impose a Police state with the Military at his command and at ‘his discretion” for as long as Trump decides so, is bumped up from the court of appeals to SCOTUS; Will the chief justice agree that Donald Trump’s commands are actually

immune from judicial review”? — even the supreme court?

Will Roberts and the MAGA members actually voluntarily neuter SCOTUS by taking their prior corrupt immunity ruling, that one step further?







So as Lisa Rubin explained, this is not really just about LA, Ca. or about Title 10 USC § 12406 when it comes down to the power that the Trump regime is actually attempting to seize and make as Their “law”.

That Donald Trump’s decision to (without declaring an insurrection which would cause Donald a whole new set of legal problems and would be much more visible to the public; a public that would be triggered by just the word; Insurrection = COWARD) declare that no court can review any of Donald’s commands / executive orders. Donald is above the law and no court can review / question him — Ever — according to Law Expert Lisa Rubin’s analysis of what’s going on





additional source:

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