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Stephen Miller Gives Strange Interview on Trump’s “Plenary Authority”

The White House aide thinks Trump has ultimate power—and he admitted as much.

Stephen Miller
Anna Moneymaker/Getty Images

White House deputy chief of staff Stephen Miller is facing scrutiny online for his claim about the president’s possession of “plenary authority” in an odd CNN interview earlier this week.

Asked Monday if the Trump administration would abide by U.S. District Judge Karin J. Immergut’s ruling temporarily blocking the deployment of National Guard troops in Portland, Oregon, Miller abruptly stopped an answer after invoking that legal concept.

The White House aide noted that the administration was appealing the decision. “Under Title 10 of the U.S. Code, the president has plenary authority, has—” Miller added, before stopping short and staring into the camera, blinking silently, as CNN host Boris Sanchez asked if he could hear him.

Returning after a commercial break, the interviewer said the moment was spurred by a “technical difficulty,” telling Miller, “It seems like some wires got crossed.” Returning to his answer, Miller did not mention “plenary authority” again.

“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,” Miller said.

The clip has gone viral online, with many social media users speculating that there was no technical malfunction; Miller, they claim, had glitched out of panic, after accidentally revealing the authoritarian designs of the administration.

The term “plenary power,” after all, refers to “complete power over a particular area with no limitations.”

CNN’s statements cast doubt on the internet theories, as does the fact that Miller has used the phrase before. Nonetheless, his apparent claim that the president enjoys absolute, unfettered power to federalize the National Guard is indeed eyebrow-raising—and incorrect. As evidenced by Immergut’s ruling, the president’s power in that area is subject to certain constraints.

Under the statute to which Miller seemingly referred, the president can federalize the National Guard under narrow circumstances: to “repel” an “invasion,” “suppress” a “rebellion,” or execute laws that he is unable to “with the regular forces.” But, according to Immergut, these conditions were not satisfied in Portland—despite the administration’s hysterical claims—and the deployment would injure Oregon’s state sovereignty.

In decrying the ruling throughout the week—including equating it with “illegal insurrection”—Miller has shown his disdain for the entire concept of judicial review.

Miller has previously mused about “plenary authority.” After the president attempted to fire Federal Reserve board member Lisa Cook, Miller told reporters that “the president’s authority, as the head of the executive branch, to terminate executive branch employees is a plenary authority”—overlooking certain constitutional and statutory constraints.

Even if not for the exact reasons social media users believe, the “plenary authority” clip was indeed revealing, exemplifying the maximalist conception of presidential power pushed by Miller and the Trump administration.

Photographer Captures Pam Bondi’s Notes—and They’re a Doozy

Attorney General Pam Bondi came to the Senate Judiciary Committee hearing armed with nothing more than lame canned attacks.

Attorney General Pam Bondi speaks during a Senate hearing
Win McNamee/Getty Images

U.S. Attorney General Pam Bondi needed a cheat sheet of attacks to dodge Senator Sheldon Whitehouse’s tough questions.

While sitting before the Senate Judiciary Committee Tuesday, Bondi repeatedly refused to answer questions from the Rhode Island Democrat about what happened to the $50,000 cash bribe border czar Tom Homan received from undercover FBI agents in 2024.

Reuters photographer Jonathan Ernst captured an image of the inside of a folder of notes Bondi referred to during questioning by Whitehouse. But her notes had nothing to do with her work as leader of the Department of Justice, or even the embattled border czar. Rather, Bondi had collected screenshots of social media posts, prewritten comebacks, and handwritten notes she hoped could give her a good “gotcha” moment.

The top of the folder showed a July X post from Whitehouse in which he’d called for an investigation into Supreme Court Justice Clarence Thomas. “No government official should be above the law,” he wrote.

Also included in the folder was a bulleted list of comebacks. Apparently, Bondi needed to prepare the remark “You are a total hypocrite” in advance.

Screenshot of a tweet
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She employed another one of her prewritten attacks when asked about Homan’s tax returns. “Senator, I would be more concerned if I were you when you talk about corruption and money, when you pushed for legislation that subsidized your wife’s company!” Bondi sneered.

“The questions here are actually pretty specific,” Whitehouse replied, undeterred. “So, having you respond with completely irrelevant far-right internet talking points is really not very helpful here.”

Below her catalog of clapbacks, Bondi had written a handwritten note “On Epstein” positing whether Whitehouse had ever accepted money from Reid Hoffman, who once invited Epstein to dinner. She used the tidbit to deflect from a question about whether the FBI had seized photos of President Donald Trump with half-naked young women from the safe at Epstein’s estate, as reported by author Michael Wolff.

“Do you know if the FBI found those photographs in their search of Jeffrey Epstein’s safe or premises or otherwise? Have you seen any such thing?” Whitehouse asked.

“You know, Senator Whitehouse, you sit here and make salacious remarks, once again trying to slander President Trump left and right, when you’re the one who was taking money from one of Epstein’s closest confidants, Reid Hoffman,” Bondi replied.

Again, Whitehouse continued unbothered. “The question is, did the FBI find those photographs that have been discussed publicly by a witness who claimed Jeffrey Epstein showed them to him. You don’t know anything about that?” he asked, and Bondi fell silent, having exhausted her scant notes.

It’s disturbing, but not surprising, that Bondi didn’t make actual preparations to answer tough questions from senators. It appears that the attorney general felt no obligation to be accountable to the American people about alleged efforts to cover up for Trump or his underlings, believing them all to be above the law.

Mike Johnson and John Thune Can’t Keep Up With Trump on Shutdown

Republican leaders are struggling to present a united front in the face of Donald Trump’s rambling.

House Speaker Mike Johnson and Senate Majority Leader John Thune walk in the Capitol
Nathan Posner/Anadolu/Getty Images

Fractures atop the Republican Party are further complicating negotiations to end the government shutdown.

President Donald Trump, House Speaker Mike Johnson, and Senate Majority Leader John Thune have not only failed to conjure a resolution to the ongoing shutdown, but they have also failed to conceal the tension bubbling beneath the surface.

So far, Trump’s strategy—which prioritizes punishing his political allies—has only tripped up his congressional counterparts.

On Monday, Trump stepped over his allies’ messaging when he told reporters he was “talking to Democrats” about cutting a deal on health care. He quickly walked it back, posting to Truth Social: “I am happy to work with the Democrats on their Failed Healthcare Policies, or anything else, but first they must allow our Government to re-open.”

On Tuesday, Johnson said that he had spoken with Trump “at length” about the urgent need to reopen the government—but Thune didn’t seem to be on the same page. That same day, the South Dakota lawmaker told reporters that there were “ongoing conversations” among party leadership.

Hours later, a draft White House memo reported by Axios revealed that the Trump administration was questioning the legality of the Government Employee Fair Treatment Act of 2019, which guarantees back pay for furloughed federal workers. Both Thune and Johnson had voted for it, but the Senate majority leader struggled to contain his frustration at Trump’s attempt to undermine it now.

“All you have to do to prevent any federal employee from not getting paid is to open up the government,” Thune told reporters Tuesday. “I don’t know what statute they are using. My understanding is, yes, that they would get paid. I’ll find out. I haven’t heard this up until now.

“But again it’s a very straightforward proposition, and you guys keep chasing that narrative that they’ve got going down at the White House and up here with the Democrats,” Thune added.

Johnson told reporters that he supported federal back pay and believed that the White House did, as well—but Trump quickly poured cold water on that.

“I would say it depends who we’re talking about,” Trump told reporters, just hours later. “For the most part, we’re going to take care of our people, but for some people they don’t deserve to be taken care of.”

Read more about the shutdown:

Trump Calls to Imprison Illinois Democrats as Troops Land in Chicago

Donald Trump is once again demanding his political enemies land behind bars.

Donald Trump wears a red USA cap while he speaks to reporters outside the White House.
Tasos Katopodis/Getty Images

President Donald Trump on Wednesday called for the jailing of Chicago Mayor Brandon Johnson and Illinois Governor JB Pritzker.

“Chicago Mayor should be in jail for failing to protect Ice Officers!” Trump wrote in a brief Truth Social post. “Governor Pritzker also!”

The threat comes as National Guard troops have landed in Chicago at the direction of the president, over Pritzker’s and Johnson’s objections. Johnson also received the White House’s ire Monday for an executive order establishing “ICE-free zones” in the city.

Illinois sued the administration on Monday in hopes of halting the troops’ deployment. Scheduling a hearing for Thursday, U.S. District Judge Judge April M. Perry, who is overseeing the case, declined to immediately block the administration, but warned, “If I were the federal government, I would strongly consider taking a pause on this until Thursday.” The National Guard arrived this week nonetheless.

Prosecutors Warned Main Comey Witness Would Doom Entire Case

There’s a reason federal prosecutors didn’t want this indictment to happen.

David Frum spea
Cheriss May/NurPhoto/Getty Images

A Justice Department memo found that a key witness in the Trump-ordered prosecution of former FBI Director James Comey will actually undermine the entire case, reported ABC News Wednesday.

It was previously reported that prosecutors in a September memo warned Lindsey Halligan, Donald Trump’s hand-picked U.S. attorney leading the case, against pursuing it due to insufficient evidence. Defying that warning, Halligan got Comey indicted last month, including for allegedly misleading Congress when he denied having authorized others at the FBI to leak information anonymously to the media.

Daniel Richman, a Columbia University law professor, was supposed to be a major witness—apparently as someone Comey allegedly authorized to speak to reporters anonymously—but investigators found that his testimony would actually be “problematic” and pose “likely insurmountable problems” for the prosecution, according to ABC News sources.

In a September interview, Richman told investigators that the former FBI director “instructed him not to engage with the media on at least two occasions” and “never authorized him to provide information to a reporter anonymously ahead of the 2016 election.” ABC News sources also said a review of Comey’s emails, including with Richman, “could not identify an instance when Comey approved leaking material to a reporter anonymously.” The memo recommended that prosecutors not move forward with the case.

It is the latest of several blinding neon signs indicating that Comey is facing trumped-up charges simply for being on Trump’s bad side.