Day: October 14, 2025

In the recent cases challenging the federalization and deployment of the National Guard in Los Angeles, Portland, and Chicago, the U.S. Department of Justice (DOJ) has repeatedly argued that the courts should defer to the president’s determination that protests against ICE activity in those cities has rendered the government “unable with the regular forces to execute the laws of the United States” and constitutes a form of “rebellion against the authority of the Government of the United States” – two of the possible conditions to federalization under 10 U.S.C. § 12406. The courts have rightly pushed back on such blind deference, with the 9th Circuit rejecting the DOJ’s argument that the president’s determination is unreviewable.

While not deferring completely to the president, courts have nevertheless given DOJ significant deference, in accordance with how they have historically treated the president’s determinations regarding exigencies that threaten national security or involve foreign policy. Even applying such deference, however, lower courts have concluded, at least preliminarily, that the president’s determination about the situation in U.S. cities where he has sought to deploy the National Guard does not reflect “a colorable assessment of the facts and law within a ‘range of honest judgment.’”

This hesitation to defer to the president’s determination is warranted, not only because, in the words of Judge Karin Immergut in the Oregon case, that presidential determination was “simply untethered to the facts,” but also because the reasons for historical deference to the judgment of the Executive Branch in matters of national security and foreign policy have been severely undermined during the first eight months of the Trump administration.

Deference to the president based on his superior access to intelligence information provided by seasoned intelligence analysts and counterterrorism and counterintelligence experts is no longer warranted where: (1) many of these experts have been fired or stripped of their security clearances for political and retaliatory reasons; (2) presidential determinations have been contrary to the considered assessments of the intelligence community (for example, contrary to Trump administration claims regarding the Venezuelan criminal gang Tren de Aragua (TDA), the declassified National Intelligence Council assessment that “the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in theUnited States”); and (3) the administration has pushed the envelope on compliance with court orders and then sought to shield itself from review by invoking deference in matters of foreign policy and national security.

A deep dive into the controversy over the president’s invocation of the Alien Enemies Act to spirit away alleged members of Tren de Aragua to an El Salvadoran terrorist prison without any notice or opportunity to be heard illustrates these points.  I wrote about this for Georgetown Law’s Journal of National Security Law and Policy, which is available in full here:

The post When Deference is No Longer Due appeared first on Just Security.

Houthis reject Gaza optimism, plan to boost its military.While Hamas, Israel and the entire World declare a Gaza truce, Houthi terror leader al-Mashat declares the terror group will strengthen military capabilities and maintain “full readiness” and will “respond to any shifts on the ground”.— Terror_Alarm (@Terror_Alarm) Oct 14, 2025

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Around 30 Georgian civil society organizations have denounced the ruling Georgian Dream party’s latest legislative proposal to toughen penalties for protest-related offenses as an “attempt to ban peaceful protest” and “another step toward dismantling democratic institutions” in the country.

Georgian Dream announced on October 13 that it would introduce harsher administrative and criminal penalties against protesters for actions such as covering their faces during rallies, blocking roads, and participating in assemblies that officials have ordered to terminate. In many cases, the offenses, when committed for the first time, would be punishable by up to 60 days in detention, with some repeat violations carrying prison sentences of up to one or two years.

“With these changes, the government sends the same threat to everyone: ‘If you raise your voice, you will be arrested,’” the 25 CSOs said in an October 14 joint statement.

“With these changes, the government is trying to ban any form of protest,” the organizations said, adding, “Such legislation is alien to the democratic world and directly contradicts the Georgian Constitution and the European Convention on Human Rights and Fundamental Freedoms.”

“This initiative does not concern only politically active groups – it will affect every Georgian citizen who publicly demands justice, voices outrage over corruption, protests unlawful detentions or unfair verdicts, criticizes poor infrastructure or lack of social protection, seeks to defend women or children from violence, or raises their voice to protect the environment, among others.”

Anti-government and pro-EU protests have been ongoing in Georgia since November 28, 2024, when the Georgian Dream government, following the much-disputed parliamentary elections of October 26, announced a halt to the country’s EU accession process. Demonstrators have since been gathering for more than 320 days on Tbilisi’s main Rustaveli Avenue, blocking traffic near the Parliament building each night. The number of protesters, however, has been dwindling in the months following the initial massive turnout.

Since the October 4 election-day tensions in the capital, when part of a large rally, at the organizers’ call, attempted to storm the presidential palace, leading to police dispersal, clashes, and unrest, dozens of participants have been arrested, while the ruling party has pledged a harsh response and vowed to end the wider peaceful protests.

In an October 6 interview, Georgian Dream PM Irakli Kobakhidze pledged “methodic and systemic” steps and “zero compassion” towards what he said were 100 “foreign agents gathering at the rallies.”

Speaking to journalists today, the day after the announcement of new legislative changes, Kobakhidze said, “Our legislation, in line with international standards, has long stated that if the number of people is not enough to block a street, they should respect other members of society and refrain from doing so.”

“But as you can see, until now there were only fines, and those fines were not fully effective. Therefore, amendments are being introduced to both the administrative and criminal codes of Georgia to prevent the minority from oppressing the majority,” he added.

“This is the expression of a democratic principle.”

Also Read:

• 05/10/2025 – Kobakhidze Doubles Down on the Narrative of Retribution