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Joseph Nunn

@josephanunn.bsky.social
417 followers 70 following 86 posts

Counsel in the Liberty and National Security Program at the Brennan Center for Justice. Expert on domestic deployment of the military.

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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 12/08/2026
No president has ever attempted to use the military for domestic law enforcement "in such a wide variety of ways and on the scale" that President Trump has, says @josephanunn.bsky.social. That's dangerous to democracy and to public safety.
pbs.org
The effectiveness and cost of the National Guard deployment in D.C.
It has now been one year since President Trump declared a “crime emergency” in the nation’s capital and deployed thousands of members of the National Guard to its streets. Questions continue to mount ...
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 11/08/2026
President Trump's deployment of National Guard troops in Washington DC "is designed to normalize something that should never be normal in this country: the use of the military as a domestic police force," @josephanunn.bsky.social writes.
thehill.com
Crime in DC isn’t an ’emergency,’ but normalizing troops in US streets is
It’s now clear that the deployment was never meant to be a quick response to an immediate crisis.
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 11/08/2026
The American people should not accept troops in the streets as "just a fact of life," says @josephanunn.bsky.social "Armed military personnel standing on the street corners in an American city should never be normal."
npr.org
Armed troops have patrolled D.C. for 1 year now. It's challenging democratic norms
The deployment is expected to cost in the billions after it was quietly extended until Inauguration Day of 2029.
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Reposted by Joseph Nunn
Rachel Levinson-Waldman @rlevinsonwaldman.bsky.social · 11/08/2026
My colleague @josephanunn.bsky.social puts it perfectly - Trump’s deployment of the National Guard on the streets of DC, which began one year ago today, is “designed to normalize something that should never be normal in this country: the use of the military as a domestic police force.”
thehill.com
Crime in DC isn’t an ’emergency,’ but normalizing troops in US streets is
It’s now clear that the deployment was never meant to be a quick response to an immediate crisis.
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Reposted by Joseph Nunn
Rachel Levinson-Waldman @rlevinsonwaldman.bsky.social · 11/08/2026
Automatic license plate readers are having a moment - but probably not the moment their vendors are hoping for. John Oliver threw down the gauntlet last week in an episode highlighting many of the concerns about LPRs - incl that they allow the govt to go back in time and see where you've been. 1/19
youtube.com
Police Surveillance Technology: Last Week Tonight with John Oliver (HBO)
YouTube video by LastWeekTonight
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 23/06/2026
Governors of many U.S. states and territories have sweeping power to use National Guard troops with relatively few legal constraints. Our new resource, accompanied by an interactive map, catalogues these laws and explains how legislatures can reform them to prevent abuse. bit.ly/4ainiev
brennancenter.org
State and Territorial Laws Governing the National Guard
Vague, open-ended, and constitutionally questionable laws give governors dangerous discretion to decide when, where, and how to use troops.  
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Failing to appropriately limit governors’ uses of their Guard forces is unwise under the best of circumstances. It is particularly dangerous during a time when the nation’s president is testing the laws and shredding the norms that have limited domestic deployments for generations. 21/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Among other measures, the Virginia law bolsters legislative oversight of Guard deployments, tempers the governor’s discretion to deploy troops outside of specified emergencies, and creates a working group to develop further reforms. 20/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
State legislatures should rein in these powers and build safeguards into the law. In addition to considering state-level versions of the Posse Comitatus Act, legislators should look to recent legislation enacted in Virginia. 19/21
lis.virginia.gov
HB286 - 2026 Regular Session | LIS
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
But in most cases, the laws governing deployment are relics of a different era—one that predated Section 502(f), as well as the transformation of the National Guard, particularly since 9/11, from weekend “citizen soldiers” to a battle-tested fighting force. 18/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Some states do have strong restrictions. The ongoing legal challenge to the October 2025 Title 32 status deployment of Guard troops to Memphis illustrates how state law can enable pushback against inappropriate National Guard deployments under Section 502(f). 17/21
nilc.org
Harris et al. v. Lee et al.
This lawsuit challenges Governor Bill Lee’s unlawful activation and deployment of the Tennessee National Guard as a police force at President Trump’s request.
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
These and similar authorities, such as an Iowa law that allows the governor to establish military tribunals to prosecute civilians, are often in clear tension with the state constitution and/or the U.S. Constitution, particularly the 4th, 6th, and 14th Amendments. 16/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Twenty states and three U.S. territories go further, authorizing the governor to declare martial law—a term generally understood to mean that the military displaces, rather than supports, civilian government. 15/21
brennancenter.org
Martial Law in the United States: Its Meaning, Its History, and Why the President Can’t Declare It
The concept has never been well understood. What should be clear, however, is that the president lacks the authority to declare it.
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Remarkably, no state has an equivalent to the Posse Comitatus Act. On the contrary, most states provide express authority for the Guard to engage in law enforcement, often with few or ambiguous restrictions. 14/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
So, what limits do state/territorial laws place on this type of deployment? As our new resource shows, state law varies widely, but it tends to be quite permissive, placing relatively few limits on governors’ powers as commander-in-chief of their Guard forces. 13/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Trump invoked this authority to invite Guard forces from several states into DC, and to partner with governors in Tennessee and Louisiana to deploy National Guard troops in Memphis and New Orleans, for the ostensible purpose of addressing local crime. 12/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
The state/territorial laws that govern Guard forces have become increasingly important as President Trump has relied on Section 502(f), with the cooperation of allied governors, to engage the military in domestic law enforcement. 11/21
lawfaremedia.org
Section 502(f) Is Not a Blank Check
The statute provides the National Guard with more flexibility—but the use of unfederalized troops for operational missions has its limits.
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
At other times, even when Guard forces are acting at the request of, and taking significant direction from, the president and secretary of defense under Section 502(f), limitations on their activities are set primarily by state and territorial law. 10/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Federal laws that limit domestic use of the military generally apply to Guard forces only when they’ve been federalized. These include the Posse Comitatus Act, which bars troops from engaging in law enforcement absent a legislative exception (e.g. the Insurrection Act). 9/21
brennancenter.org
The Posse Comitatus Act, Explained
The law generally prevents the president from using the military as a domestic police force.
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Most notably, under Section 502(f) of Title 32, governors may deploy Guard forces in Title 32 status to perform unspecified operations at the request of the president or secretary of defense. Although the forces are legally under state control, they may be taking significant federal direction. 8/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
In Title 32 status, Guard forces remain under the governor’s command but may perform federal missions authorized by Congress and are paid from federal funds. 7/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Guard forces may also be called into federal service by the president. When “federalized,” the Guard effectively becomes a part of the federal armed forces, performing missions under presidential command both at home and overseas. 6/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
State active-duty status is the most common of the three. In this status, Guard personnel operate under their governor’s command and control and may be activated to respond to natural disasters, quell civil unrest, or perform other local duties. 5/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Some background: The National Guard is the modern form of the colonial and state militias. Its members serve part-time and can operate in one of three statuses: state active duty, federal (sometimes called “Title 10”), or Title 32 (sometimes called “hybrid”). 4/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Our analysis found that most jurisdictions give the governor broad authority to use the National Guard with limited guardrails, that many states still allow the governor to declare martial law, and that a number of states have laws that conflict with either the state or US constitution. 3/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
The Brennan Center’s new resource catalogues the laws controlling how governors can use the National Guard in all fifty states, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands, including when they can activate troops and the extent of the Guard’s law enforcement powers. 2/21
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Joseph Nunn @josephanunn.bsky.social · 23/06/2026
Governors of many U.S. states and territories have sweeping power to use National Guard troops with relatively few legal constraints, new Brennan Center research shows. This is a dangerous state of affairs that’s ripe for abuse. Legislatures must act. 1/21
brennancenter.org
State and Territorial Laws Governing the National Guard
Vague, open-ended, and constitutionally questionable laws give governors dangerous discretion to decide when, where, and how to use troops.
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Reposted by Joseph Nunn
Liza Goitein @lizagoitein.bsky.social · 10/06/2026
It is now crystal clear who is obstructing reauthorization. Cornyn & other reform opponents would rather see Sec. 702 expire than allow reforms to protect Americans’ privacy. Sen. Wyden offered an easy path forward for extending the law. Reform opponents would prefer sunset. 2/2
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Reposted by Joseph Nunn
Liza Goitein @lizagoitein.bsky.social · 10/06/2026
Senator Cornyn just blocked a 9-month extension of Section 702 with a warrant requirement for backdoor searches. He then blocked a 5-week extension with no warrant requirement, just basic transparency measures. 1/2
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Reposted by Joseph Nunn
Carrie A Lee @carriealee.bsky.social · 31/10/2025
Hi folks! A few thoughts on this essay, and the questions that we *should* be asking, rather than the ones this Army officer seems inclined to answer. I haven’t done a CMR thread in a while so I’m overdue. 🧵
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Reposted by Joseph Nunn
Liza Goitein @lizagoitein.bsky.social · 06/10/2025
President Trump’s deployment of National Guard troops to Portland is off — for now. Last night, Judge Karin Immergut, a Trump appointee, issued a temporary restraining order prohibiting the deployment of ANY federalized National Guard forces in Portland. 1/7
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 06/10/2025
A core principle of this nation is that the military should not be asked to turn its weapons against fellow Americans. We cannot allow this unprecedented militarization of American cities to become normalized. Read: wapo.st/4mQhNHq
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Reposted by Joseph Nunn
Liza Goitein @lizagoitein.bsky.social · 30/09/2025
This morning, President Trump and Secretary Hegseth spoke to 800 high-ranking generals and admirals who had been called away from their stations around the world. At the meeting, Trump said he’d told Hegseth he should use American cities as “training grounds” for the military. 1/6
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 05/09/2025
The Posse Comitatus Act was created to limit when federal troops can be used against Americans. Four key reforms are needed to make sure the law holds up: bit.ly/47Qbde5
brennancenter.org
Why the Posse Comitatus Act Must Be Reformed
Significant exceptions and loopholes, along with a lack of enforcement mechanisms, undermine the law that prevents military involvement in law enforcement.
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Reposted by Joseph Nunn
Brennan Center @brennancenter.org · 04/09/2025
“What we are seeing from this president is an assault on the core principle against using the military as a domestic police force. That’s fundamentally at odds with democracy and individual freedom.” @lizagoitein.bsky.social on @slate.com's Amicus podcast.
slate.com
Trump Wants to Send the National Guard Into Chicago. Here’s What the Law Actually Says About That.
The president can't legally apply his D.C. playbook to Chicago.
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
What the ruling doesn't do is address the underlying problem--namely, the antiquated, vague, and poorly drafted statutes that leave room for the president to claim such broad, legally dubious authority to use the military domestically in the first place. (22/22) www.brennancenter.org/outdated-and...
brennancenter.org
Outdated and Dangerous
Antiquated laws from the 1700s and 1800s give the president tremendous power to use the military at home to quash protests and order mass arrests in times of war and domestic upheaval.
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
While this ruling is limited to California, and will undoubtedly be appealed, it nonetheless presents a path by which other states may push back against the Trump administration's unprecedented efforts to use the military for routine law enforcement inside the United States. (21/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
Having concluded that the National Guard troops and Marines the Trump admin has deployed in California are subject to the PCA, and that the duties assigned to those troops violate the law, Judge Breyer granted California's request for an injunction which will go into force on Sept 12. (20/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
"...in numbers that match or outnumber law enforcement agents pervade the activities of those civilian agents." What's more, the duties assigned to the troops in California are considered law enforcement under DoD's own policy guidance (see page 19). (19/22) www.esd.whs.mil/Portals/54/D...
esd.whs.mil
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
That conclusion is consistent with established judicial tests for assessing whether the PCA has been violated. As Judge Breyer explained, the troops' conduct exercised "regulatory, proscriptive, and compulsory power on the surrounding public, and their participation in operations..." (18/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
Accordingly, Judge Breyer ruled that the admin had not asserted a valid constitutional exception to the PCA. Furthermore, he found that the duties assigned to the troops in California (setting up perimeters, conducting crowd control, etc.) constituted "law enforcement" barred by the PCA. (17/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
On the contrary, through the Calling Forth Clause, the Constitution expressly grants *Congress* authority to regulate when, where, and how the military is used domestically. No inherent authority of the president (assuming it exists) could override this explicit grant of congressional power. (16/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
Indeed, Youngstown makes clear that the president may only act contrary to a law enacted by Congress if the Constitution grants the president "conclusive and preclusive" authority over the subject at issue. That is exceedingly rare, and as Judge Breyer observes, it is not the case here. (15/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
As Judge Breyer explains, the Supreme Court's 1952 decision in Youngstown Sheet & Tube Co v. Sawyer is the lodestar for assessing these sorts of conflicts between the president and Congress. Under Youngstown, when the president and Congress disagree, the default rule is that Congress wins. (14/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
That means one of two things must be true: either the protective power does not override the PCA, or it does, and the PCA exceeds Congress's constitutional authority. It is for the courts to resolve this question by deciding whether Congress or the president has overstepped their power. (13/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
As he rightly points out, the PCA allows only for *express* exceptions. An inherent authority is by definition not express. Thus, the government's claimed constitutional exception does not satisfy the statutory requirements for a PCA exception. (12/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
The Trump administration also argued that the Constitution's Take Care Clause gives the president inherent authority to protect federal functions and property, and that this power overrides the restriction imposed by the PCA. Judge Breyer rejected this argument, too. (11/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
As he wrote, the government's interpretation of Section 12406 is entirely novel and has no basis in historical understandings of the statute (which is more than 100 years old). Moreover, he found that, if accepted, the government's argument would blow a gaping hole in the PCA. (10/22)
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
Turning to the law: The federal government argued that the statute Trump used to federalize the California National Guard, 10 USC 12406, is a statutory exception to the PCA. Judge Breyer rejected this argument. (9/22) www.law.cornell.edu/uscode/text/...
law.cornell.edu
10 U.S. Code § 12406 - National Guard in Federal service: call
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Joseph Nunn @josephanunn.bsky.social · 02/09/2025
Second, that the troops in California accompanied federal civilian law enforcement personnel and set up perimeters, traffic control points, and engaged in crowd control in conjunction with federal civilian law enforcement operations. (8/22)
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