Hi friends,

First of all, stay tuned for future coverage of the ceasefire deal between Israel and Hamas — we want to take more time to make sure we can meaningfully cover it. Second of all, I’ve spent a good chunk of today listening to live court hearings, reading other journalists’ coverage of them, and trying to distill it all for you. My brain feels fried, though I can’t help but stay glued to this kind of news.

Dave is going to hate how old this sentence will make him feel, but I was 15 when the Supreme Court enshrined marriage equality into law. I woke up one day without the legal right to marry who I wanted when I grew up. By the time I went to bed, that had changed. Of course, LGBTQIA+ rights don’t start and end with marriage equality, as we’ve seen with lawmakers’ ongoing targeted assaults on trans people. Still, seeing how courts can directly change lives — for the better in my case, for the worse in many others — was a formative part of my childhood.

A different question came before two courts this week: What constitutes a rebellion? In other words, what’s the bar for the president to use the military against Americans?

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Where these legal battles land could change lives, just like the Supreme Court changed mine a decade ago. Protesters and journalists are already facing violent repression for demonstrating against, or merely covering, federal agents kidnapping and detaining people without due process. And Trump administration officials already believe the president has absolute power to use the military against us.

What happens if courts rule that the Trump administration is well within its rights to orchestrate all this because of a so-called rebellion? A federal judge in Chicago ruled otherwise, while a three-judge panel in Oregon seems likely to side with the Trump administration. Dave and I can’t predict the future, but we can explain how we got here. Let’s dig in.

What’s going on with the National Guard?

  • President Donald Trump wants to send National Guard troops into Portland. Several court orders have stopped Trump from deploying the National Guard in Oregon. On Thursday, the Trump administration asked a three-judge panel to suspend one of those orders. The panel seemed likely to side with Trump.

  • Trump has also threatened to invoke the Insurrection Act to get around court orders blocking his use of the National Guard. That law lets the president use the military or National Guard to quell an insurrection in an emergency. (More on the limits of Trump’s power here later.) He’s lied about an insurrection happening in Portland.

  • Meanwhile, in Chicago (where I live!), a federal judge sided “in part” with city and state officials who requested a temporary restraining order against deploying National Guard troops here. The military says National Guard troops are already active in Chicago. Video shows uniformed troops in Broadview, a Chicago suburb where law enforcement has used chemical munitions and physical force against protesters, journalists and residents outside of an ICE processing facility there.

Can you say “plenary”?

  • Stephen Miller, Trump’s deputy chief of staff who’s come under investigation by the Southern Poverty Law Center for his “alignment with white nationalist thought and far-right extremism,” appeared on CNN Monday to discuss the president’s deployment of National Guard troops. Miller said Trump has “plenary authority” under Title 10 of the U.S. Code.

  • “Plenary” means complete or absolute. His use of the word here suggests that he believes Trump has absolute authority. And a leader with absolute authority is, definitionally, a dictator.

  • The law Miller cited says that the president can use the National Guard to repel an invasion by another country, suppress a rebellion against the authority of the U.S. government, or execute laws if the president is unable to “with the regular forces.” But the word “plenary” is absent from the law. So, Miller lied about what this law says.

  • Remember the Insurrection Act from the last blurb in this newsletter? The one that lets the president use the military or national guard to quell an insurrection in an emergency? Well, the Posse Comitatus Act (read more about its racist history here) blocks the Army, Air Force, Navy, Marine Corps and Space Force from enforcing domestic law. So if a space cop shows up at your door, know your rights.

Readers respond:

The Antifa of it all

  • Trump tried to build his case for sending National Guard troops to Chicago and Portland by deriding his political opponents on the left as terrorists. Trump has previously described Portland as “under siege from attack by Antifa” while talking about anti-ICE protests there. His description contradicts that of federal officers on the ground.

  • Late last month, Trump signed an executive order labeling Antifa as a “domestic terrorist organization.” But despite Trump’s characterization, “antifa” refers more to a broad landscape of anti-fascist activism than it does to one specific group.

  • Also, what’s a domestic terrorist organization, anyway? National security experts say the State Department has no legal authority to designate any such thing. Plus, prosecuting anyone who opposes fascism would violate the First Amendment.

Oh my goodness gracious we haven’t even talked about the government shutdown yet, have we?

  • It’s still shut down! What does that mean for federal employees? They’re either furloughed or working without pay.

  • “Furloughed” means not working and not getting paid. Furloughed federal employees have typically gotten backpay after a shutdown. A White House memo suggests the Trump administration will try to withhold backpay from furloughed workers amid this shutdown. Critics have taken issue with the administration’s legal reasoning and say a 2019 law guarantees backpay.

  • “Working without pay” means, well, working without pay. Some federal workers, like air traffic controllers and people who send out Social Security checks, have jobs that are deemed too important to pause during a shutdown. The president, Congress and the Supreme Court all get paid, though.

  • This video is part of Dave’s partnership with Free the Facts, a non-partisan, nonprofit organization that empowers young Americans to learn and lead.

Newsletter post-credits scene feat. Tilly Norwood

  • Particle6, an “AI production studio,” has created an AI “actress” called Tilly Norwood, according to the company’s CEO. (Sorry of this comes off as anti-robot, but I’ll be calling Tilly a character rather than an actor from here on out.)

  • The announcement sparked strong backlash within the entertainment industry. SAG-AFTRA, the labor union representing actors and other talent, released a statement opposing “the replacement of human performers by synthetics.”

  • Particle6 CEO Eline Van der Velden also said talent agents are interested in signing Tilly. It wouldn’t be the first time something like this has happened — in 2020, Miquela, another AI character, signed with Creative Artists Agency.

Each week, after breaking down the news Dave has covered in the last week, I turn things over to him for some analysis. Let’s head into Dave’s corner.

I’ve been making short-form vertical video for almost seven years, and been making videos in general professionally since 2014, when Chris was apparently a small child. And so, sometimes people ask if I ever get tired of making videos.

The truth is no. I love it. I love that I’ve created this strange world where I get to wake up every day and find a new creative way to tell a story. 

That said, I do get tired of the news itself. This week it got to me. The constant feed of people being kidnapped by ICE.  The violence. The lies. Covering President Trump’s self-proclaimed war from within has been harder to handle than most news events.  It’s got me occasionally wishing I was living on an island in Fiji, voting out people for Jeff Probst’s entertainment. 

Me from 2000 to 2024: I think I could win Survivor. Me in 2025: Survivor might be a nice break from the U.S.

Dave Jorgenson (@davejorgenson.bsky.social) 2025-10-09T02:51:04.501Z

In the spirit of a temporary but necessary distraction, I’m going to take a break this weekend from the news and watch some good (and bad) shows. What should I watch? The other iterations of ‘The Traitors’ in New Zealand and Australia? The Challenge? The Real Housewives of Salt Lake City? Send me your best (and worst) at [email protected].

If you’ve been reading this newsletter for a while, you know what to expect down here. You deserve a reward for making it to the end, and I deserve a reward for not whining this week about how this email will probably get cut off in your inbox. So, here’s a pet picture for our troubles. This is Reilly, who, according to her human, likes to sit up like this to wave her little paws. Want your pet featured in this newsletter? Send in a picture!

She’s perfect and I love her

And did you participate in this week’s link scavenger hunt? In every edition of this newsletter, I hide one non-news related link and reveal where it is down here. This week, it was a link to an animatic about Quicksilver’s anti-robot hatred from my favorite X-Men podcast. It was in the blurb about Tilly Norwood, who Pietro would hate.

Dave will be back in your inbox next Monday, and I’ll be back a week from today. Until then!

Chris

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