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Chris Mirasola

@chrismirasola.bsky.social
5.8K followers 49 following 118 posts

Assistant Professor, University of Houston Law Center

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Chris Mirasola @chrismirasola.bsky.social · 01/09/2026
Happy to share a draft chapter on 9/11’s effects on the law of domestic mil ops. I argue that 9/11 led to less legal innovation than one might think. There were significant changes in organization & statutory mission authority, but all trace to shifts that began during the war on drugs & 90s.
papers.ssrn.com
9/11 and the Law of Domestic Military Deployments
<p><span>The legal architecture of the Defense Department’s domestic operations significantly changed in the immediate aftermath of 9/11. This was perhaps most
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Chris Mirasola @chrismirasola.bsky.social · 24/08/2026
Many thanks to the @lawfaremedia.org team for running this! OLC’s recent opinion on the PCA may seem limited, but is quite dangerous, as I explain here.
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Chris Mirasola @chrismirasola.bsky.social · 16/08/2026
In Friday, DOJ released an opinion asserting that military personnel can arrest civilians who trespass on the southern border nat defense areas AFTER they’ve left the base, notwithstanding the PCA. I’m hoping to have a piece up about it soon. But for now, suffice to say it’s pernicious and wrong 1/7
justice.gov
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Chris Mirasola @chrismirasola.bsky.social · 23/06/2026
Phenomenal work by @josephanunn.bsky.social and the @brennancenter.org on state and territorial restrictions (more like lack thereof) on state/territorial uses of their national guard. This is an incredible respource. Congratulations!
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Chris Mirasola @chrismirasola.bsky.social · 07/05/2026
The final for my nat sec class was to design a statutory fix for something we had covered that they thought was in some way lacking. Such good responses! For those keeping track, the youth are very concerned about reforming Sec 702 & the "traditional military activity" exception for covert action
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Chris Mirasola @chrismirasola.bsky.social · 08/04/2026
I keep trying to write something about *waves hands at everything* and have to delete the whole thing each time I get to the end. This isn't 5D chess. It isn't even 2D chess. He sees that everything is worse and is just...eating the chess pieces. And while countless people die.
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Chris Mirasola @chrismirasola.bsky.social · 07/04/2026
So good. Regardless of whether the president follows through on his threats to commit war crimes, senior administration lawyers need to answer for their silence. The Defense Dept General Counsel is Senate-confirmed. As is the State Dept. Legal Advisor. What's their justification for genocide?
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Chris Mirasola @chrismirasola.bsky.social · 26/03/2026
A real pleasure to chat with Loren and Linda about implications of the expanding and escalating domestic military deployments we've witnessed over the past year (and more). Many thanks to the @lawfaremedia.org team! Gen. Singh in particular had great, practical insights
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Chris Mirasola @chrismirasola.bsky.social · 28/02/2026
Don’t have much to add on the many intl and domestic law issues with the Iran strikes. But I’ve been esp struck by allies circling the wagons to support them. Carney et al want to build a middle powers coalition nominally more wed to the intl rule of law. Now would be a nice time to stand up for it.
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Chris Mirasola @chrismirasola.bsky.social · 14/02/2026
Re-upping this thread in light of today's NYT on the El Paso shutdown. Seems clear that this is step 1 in a plan to use the literal militarization of the border to take down drones under 10 USC 130i w/o the FAA coordination that's required.
nytimes.com
Inside the Debacle That Led to the Closure of El Paso’s Airspace
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Chris Mirasola @chrismirasola.bsky.social · 11/02/2026
The facts are still in some flux, but a few thoughts on the FAA closing the El Paso airport, possibly due to DoD counter-drone (C-UAS) activity. Bottom line, I suspect this is related to the expansion of DoD-administered territory at the southern border, including around El Paso.
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Chris Mirasola @chrismirasola.bsky.social · 17/01/2026
Economic coercion to take a people’s land against their clearly stated will. Pretty sure we can definitively say that today’s the day the transatlantic alliance died.
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Liza Goitein @lizagoitein.bsky.social · 16/01/2026
President Trump is once again threatening to invoke the Insurrection Act, this time in Minneapolis. That would be a flagrant and particularly dangerous abuse of the Act—one that would threaten the rule of law and public safety alike. 1/13
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Chris Mirasola @chrismirasola.bsky.social · 08/01/2026
There's so been so much awful news lately. What feels like an eternity ago, the admin declared fentanyl a WMD. That EO invoked a little-known statute that is a statutory exception to the Posse Comitatus Act. Here I explain why any future use of that statute based on this EO would be absurd.
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Chris Mirasola @chrismirasola.bsky.social · 29/12/2025
Really grateful to @jacklgoldsmith.bsky.social for having me on today for a discussion about the protective power and what’s to come after the Illinois decision.
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Chris Mirasola @chrismirasola.bsky.social · 08/12/2025
Happy NDAA-reading season, to those who celebrate. The House version contains nuggets like this requirement that the Pentagon make milk available at all military installations. But more interesting are two provisions relevant to the boat strikes done by USSOUTHCOM (1/5)
Provision of NDAA requiring that milk. be available at all military installation dinning facilities.
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Chris Mirasola @chrismirasola.bsky.social · 01/12/2025
It was a real privilege (like, actually a ridiculous privilege!) to be invited by @mfroomkin.bsky.social to join his series on constitutional crisis. I got to chat with his fantastic students about domestic military deployments and make a few remarks introducing the mess that is this area of law.
youtube.com
“Domestic Use of the Military” - Professor Chris Mirasola
YouTube video by University of Miami School of Law
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Liza Goitein @lizagoitein.bsky.social · 20/11/2025
Important and timely piece by @chrismirasola.bsky.social in today's @lawfare on why Trump couldn't deploy active-duty troops to perform security functions for ICE under a claim of inherent constitutional power to protect federal property/personnel/functions. www.lawfaremedia.org/article/conf...
lawfaremedia.org
Confronting the Protective Power
The president’s theory of constitutional authority to deploy active-duty troops is more dangerous than the government’s briefing suggests.
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Chris Mirasola @chrismirasola.bsky.social · 20/11/2025
The Solicitor General (unnecessarily) supplied SCOTUS with the administration’s first attempt to justify why POTUS can use the military without statutory authorization and notwithstanding the PCA. It’s wrong, as I explain here. Thanks to @lawfaremedia.org as always!
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Bobby Kogan @bbkogan.bsky.social · 29/10/2025
It should also be noted that, while no one has ever been prosecuted for violating the Antideficiency Act, willful violation is a crime. And these recent violations are willful. Willful violation is a felony that carries up to 2 years in jail, up to a $5,000 fine, or both. That penalty was created in 1906 and hasn't been substantively updated since. Had that fine grown with inflation, it would be roughly $185,000 for a single violation today. But keep in mind that the typical production worker had an hourly compensation of 16 cents, meaning a violation would cost the average person more than 15 years' worth of compensation. A fine that large today would be more than $1.1 million.
When Congress imposed those penalties, it clearly felt that willful Antideficiency Act violations were serious.
The statute of limitations for an offense is five years.
The statute of limitations for conspiracy to violate the Antideficiency Act is also five years.
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Chris Mirasola @chrismirasola.bsky.social · 24/10/2025
This is really excellent, detailed analysis on all the reasons why trump’s decision to pay the military in October is profoundly illegal. From @lawfaremedia.org and @bbkogan.bsky.social
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Chris Mirasola @chrismirasola.bsky.social · 17/10/2025
Many thanks to @sfchronicle.com for running my this piece on Trump's blatantly unconstitutional move to pay the military during the government shutdown. If the President is usurping Congress's power to decide how funds are spent, what is left of the power of the purse? What is left of Congress?
sfchronicle.com
Trump’s plan to pay the military during the government shutdown should worry every American
OPINION: President Trump’s order to pay members of the military during the government shutdown is a blatant — and troubling — violation of the Constitution, Christopher Mirasola writes.
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Chris Mirasola @chrismirasola.bsky.social · 16/10/2025
I can’t overstate how entirely untethered to the constitution and past practice this unilateral move to repurpose funds to pay for military pay is. The commander-in-chief clause has precisely 0 bearing on the ability to expend funds. Here’s a list of authorities that do:
whitehouse.gov
National Security Presidential Memorandum/NSPM-8
MEMORANDUM FOR THE SECRETARY OF WAR               THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET SUBJECT:       Use of
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Chris Mirasola @chrismirasola.bsky.social · 15/10/2025
Huge thanks to @gtownnatsec.bsky.social @realtoddhuntley.bsky.social for publishing my piece tracing what Trump II is doing with domestic military deployments to statutory changes made at the outset of the war on drugs in the 1980s. Lots of great pieces by others as well!
nationalsecurity.law.georgetown.edu
The War on Drugs and Trump’s Domestic Uses of the Military - Georgetown Law - Center on National Security
By Christopher Mirasola
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Steve Vladeck @stevevladeck.bsky.social · 05/10/2025
In light of Judge Immergut's ruling, there's a lot of noise today coming from the President's advisers and supporters about courts not having the power to provide prospective relief against domestic uses of the military. Via "One First," me on the rather significant early precedent to the contrary:
stevevladeck.com
181. Courts and Domestic Use of the Military
In response to adverse judicial rulings, the President's advisers and supporters are claiming courts lack the power to halt domestic use of the military. A critical early precedent is to the contrary.
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Chris Mirasola @chrismirasola.bsky.social · 27/09/2025
On the deployment to Portland, I don’t have much to add beyond noting again that the theory of implied power the president is relying on is incredibly vague, unmoored from constitutional text, and extremely prone to abuse. I wrote about these and other problems soon after the LA deployment.
lawfaremedia.org
Unpacking the Protective Power
The constitutional basis for Trump’s use of the military in LA has a long history but is ultimately unmoored from constitutional text.
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Chris Mirasola @chrismirasola.bsky.social · 09/09/2025
My horizons broaden every time I read a piece by my amazing UHLC colleague Andrew Lanham (who is unfortunately not on here—or anywhere). Just incredibly deep and rich insights at the intersection of social movements, racial justice, and national security from a fantastic legal historian.
newrepublic.com
How to Resist Trump’s Militarization of America
The president’s deployment of the armed forces on American streets is an alarming escalation. Fortunately, there’s a playbook for fighting back.
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Tess Bridgeman @tessbridgeman.bsky.social · 05/09/2025
I've read and coded every War Powers Report ever sent to Congress (check them all out, with interactive graphics and a searchable database 👇), and this one on #Trump's attack on an alleged drug smuggling vessel in the Caribbean stands out. I'll explain below: warpowers.lawandsecurity.org
warpowers.lawandsecurity.org
War Powers Resolution Reporting Project
A living resource on presidential reporting practice and the use of U.S. armed forces abroad.
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Chris Mirasola @chrismirasola.bsky.social · 04/09/2025
Many thanks to the team at @lawfaremedia.org for running this piece! The bench trial in Newsom v Trump uncovered really important facts about the military deployment in LA. But I found significant aspects of Judge Breyer's analysis of these facts pretty confusing.
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Chris Mirasola @chrismirasola.bsky.social · 02/09/2025
Sure would be nice if federal judges coordinated when they release opinions with my kid’s doctors appointment schedule. But for now will just say that judge Breyer masterfully pieced together a factual record in what will some of the most consequential PCA litigation we’ve seen in decades.
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Chris Mirasola @chrismirasola.bsky.social · 16/08/2025
Yet more evidence why the executive branch’s theory of the protective power is so susceptible to abuse. There’s no evidentiary minimum that’s ever been asserted as legally required — just a swinging sword of Damocles hanging over any location with a federal presence.
nytimes.com
West Virginia to Send Hundreds of State National Guard Troops to D.C.
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Chris Mirasola @chrismirasola.bsky.social · 11/08/2025
Many thanks to @lawfaremedia.org and @tylermcbrien.com for getting this posted so quickly! Although there are still questions about mission scope, rules for the use of force, and more, in many ways the damage has already been done. A totally antiquated area of law especially susceptible to abuse.
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Chris Mirasola @chrismirasola.bsky.social · 11/08/2025
Lots of crucial details still needed on the forthcoming DC Natl Guard deployment in DC. But based on what we already know, two paths seem to be at play. Once again, incredibly old and over broad statutory text and maximalist exec branch practice conspire to give Trump a sad amount of runway here.
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Chris Mirasola @chrismirasola.bsky.social · 06/08/2025
Ok I don’t normally post this kinda thing but really this is too perfect. Article 1? Never heard of her.
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Chris Mirasola @chrismirasola.bsky.social · 05/08/2025
Now for something completely different! My first love is international law. This past spring the Houston J of Int'l Law asked that I give a talk to their members, which I've turned into an essay about why students should take an international law class. Draft is on SSRN and I'd love feedback.
papers.ssrn.com
Why Study International Law?
A firm grasp of international law has seldom been more important for the U.S. law student. Notwithstanding President Donald Trump's attempts to disengage with c
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Chris Mirasola @chrismirasola.bsky.social · 24/07/2025
UH Law Center is hiring this year! - 3 entry-level, TT in crim, employment/labor, & torts - 1 clinical in lawyering skills - 1 tenured position in health law Teach fantastic students with supportive colleagues! Reach out with any Qs!
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Chris Mirasola @chrismirasola.bsky.social · 17/07/2025
Again great to work with @lawfaremedia.org on this deeper dive into how the "big, beautiful bill" will expand DoD's already significant domestic operations, particularly at the border and to abet deportations. Another in the litany of bad appropriations law news these days.
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Chris Mirasola @chrismirasola.bsky.social · 04/07/2025
Rightfully lots of focus on DHS approps in the bill passed yesterday. But there’s also shocking approps to DoD, like this $1B to be used over the next 4 yrs. It funds:
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Chris Mirasola @chrismirasola.bsky.social · 01/07/2025
No one knows the international law regarding statelessness better than @melissastewart.bsky.social. An essential read for those looking to understand the implications of implementing the birthright EO.
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Anna Bower @annabower.bsky.social · 20/06/2025
HAPPENING NOW: Judge Charles Breyer is presiding over a hearing in Newsom v. Trump -- the first hearing in the district court following the Ninth Circuit's order allowing Trump to mobilize the national guard in California. Follow along🧵⬇️
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Anna Bower @annabower.bsky.social · 13/06/2025
NEW: The Ninth Circuit Court of Appeals has granted an administrative stay of Judge Breyer’s order — a move that puts the order on pause, allowing continued deployment of the national guard. Two Trump judges and one Biden judge on the panel.
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Liza Goitein @lizagoitein.bsky.social · 13/06/2025
A federal judge has issued a temporary restraining order (TRO) requiring Trump to return control of the National Guard to CA Governor Newsom. The order is accompanied by a powerful opinion that affirms the rule of law, separation of powers, and the First Amendment. 1/23
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Anna Bower @annabower.bsky.social · 12/06/2025
HAPPENING NOW: A federal judge is set to hold a hearing on Governor Gavin Newsom’s request for a temporary restraining order that would bar the Trump administration’s use of the state national guard amid protests against immigration raids in LA. Hearing starting now before Judge Breyer 🧵⬇️
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Chris Mirasola @chrismirasola.bsky.social · 12/06/2025
Once more grateful to @lawfaremedia.org for running this deeper dive into the executive branch’s understanding of the protective power and why I think it rests on at least shaky constitutional grounds despite its long history. It’s a long one, but shorter than the law review article it’s based on!
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Chris Mirasola @chrismirasola.bsky.social · 12/06/2025
It looks like much of today's CA hearing will focus on Sec 12406, but I wanted to flag just a few parts of DOJ's reply (linked) which were befuddling on the authority for the military's actions.
storage.courtlistener.com
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Chris Mirasola @chrismirasola.bsky.social · 10/06/2025
Last thing for today: domestic mil deployments are incredibly expensive and one of the most sig things Congress can do right now to reassert itself is to not fund the inevitable request for addtl approps that will be needed for this $134M+ deployment.
lawfaremedia.org
Domestic Military Deployments and the Limitations of Appropriations Law
Congress’s appropriations authority might be its best tool to restrict these deployments.
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Chris Mirasola @chrismirasola.bsky.social · 10/06/2025
First want to thank folks for a truly overwhelming and warm welcome back to social media. My aim is to provide useful info on areas of law I know well, so I very much hope I can return to academic seclusion soon.
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Chris Mirasola @chrismirasola.bsky.social · 08/06/2025
Many thanks to @lawfaremedia.org for running my analysis on such a quick turnaround. The theory of inherent pres power invoked last night is limited. I’ll have more on the tortured history of this assertion of pres power in the days to come.
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Chris Mirasola @chrismirasola.bsky.social · 08/06/2025
I was off social media for a few yrs, but decided that it's time to come back after last night. I'm an asst. prof. at Uni of Houston Law Center and before that was an attorney at DoD OGC, where my portfolio included domestic military deployments. This continues to be a core part of my research.
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