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Heather Cox Richardson: An early warning of the Title 10 that Miller invoked on air with CNN
https://heathercoxrichardson.substack.com/p/october-8-2025Yesterday, journalists observed members of the Texas National Guard at a U.S. Army Reserve Center in Elwood, Illinois, about 55 miles (89 kilometers) southwest of Chicago. This morning, the Defense Department announced the federal activation of about 200 soldiers from the Texas National Guard and about 300 from the Illinois National Guard, saying they would be protecting U.S. Immigration and Customs Enforcement (ICE) agents and other federal agents “who are performing federal functions, including the enforcement of federal law, and to protect federal property.”
The statement said the National Guard soldiers “are under federal command and control in a Title 10 status.” The section of the legal code to which the announcement pointed was the one permitting the president to call into federal service members of the National Guard whenever the U.S. is invaded or in danger of invasion by a foreign nation, there is a rebellion or danger of a rebellion against the authority of the U.S. government, or the president cannot execute the laws of the United States with the power of regular law enforcement.
It is this power under Title 10 that White House deputy chief of staff Stephen Miller yesterday claimed was “plenary,” or absolute. The idea that exceptions to the rule of law reveal who is really in charge of the government was central to the political philosophy of German political theorist Carl Schmitt, who joined the Nazis and whose work is increasingly popular among the radical right in the U.S. these days. Since taking office in January, Trump has declared at least eight national emergencies that the administration has used to justify the use of emergency powers.
As J.V. Last of The Bulwark laid out clearly last night, there is no crisis in Chicago that makes it necessary for the administration to send in National Guard troops. Last points out that any instability in Chicago has been caused by the administration’s surge of federal agents into the city, where they shot and killed Chicago resident Silverio Villegas González; raided and ransacked an apartment building, leaving residents—including U.S. citizens and children—bound outside for hours; shot an unarmed woman, Marimar Martinez; and aimed a weapon at a resident who was simply recording what the agent was doing, In each case, the government initially insisted the federal agents either were under attack or were rounding up “the worst of the worst,” but subsequent information has showed the federal agents were the aggressors in each situation.
. . .
The statement said the National Guard soldiers “are under federal command and control in a Title 10 status.” The section of the legal code to which the announcement pointed was the one permitting the president to call into federal service members of the National Guard whenever the U.S. is invaded or in danger of invasion by a foreign nation, there is a rebellion or danger of a rebellion against the authority of the U.S. government, or the president cannot execute the laws of the United States with the power of regular law enforcement.
It is this power under Title 10 that White House deputy chief of staff Stephen Miller yesterday claimed was “plenary,” or absolute. The idea that exceptions to the rule of law reveal who is really in charge of the government was central to the political philosophy of German political theorist Carl Schmitt, who joined the Nazis and whose work is increasingly popular among the radical right in the U.S. these days. Since taking office in January, Trump has declared at least eight national emergencies that the administration has used to justify the use of emergency powers.
As J.V. Last of The Bulwark laid out clearly last night, there is no crisis in Chicago that makes it necessary for the administration to send in National Guard troops. Last points out that any instability in Chicago has been caused by the administration’s surge of federal agents into the city, where they shot and killed Chicago resident Silverio Villegas González; raided and ransacked an apartment building, leaving residents—including U.S. citizens and children—bound outside for hours; shot an unarmed woman, Marimar Martinez; and aimed a weapon at a resident who was simply recording what the agent was doing, In each case, the government initially insisted the federal agents either were under attack or were rounding up “the worst of the worst,” but subsequent information has showed the federal agents were the aggressors in each situation.
. . .