Stephen Miller's "Plenary Authority" Comment Sparks Controversy

On October 6, 2025, Stephen Miller, the White House deputy chief of staff, made a controversial statement during a live interview on CNN, asserting that President Donald Trump possesses "plenary authority" under Title 10 of the U.S. Code. This remark was made while discussing a federal judge's ruling that blocked the deployment of National Guard troops to Portland, Oregon, amidst ongoing tensions regarding the administration's military actions in U.S. cities.

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During the interview with CNN's Boris Sanchez, Miller was asked whether the Trump administration would comply with the judge's ruling. He indicated that the administration had already filed an appeal and referenced a previous case where the administration had succeeded in a similar legal challenge. Miller's assertion of "plenary authority" implies that the president has the power to act without constraints from Congress or the courts. However, shortly after making this claim, Miller experienced a technical issue that interrupted the interview, leading to speculation about the implications of his statement.

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Following the interview, the White House issued a memorandum from Trump that reiterated the administration's stance on deploying National Guard troops. The memo cited Title 10 U.S.C. 12406, which allows the president to call National Guard members into federal service under specific circumstances, such as invasion or rebellion. Critics, including Georgetown University law professor Stephen Vladeck, argue that this interpretation of "plenary authority" is legally constrained and that the president must demonstrate a legitimate need for such actions.

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Miller's comments have drawn significant criticism from various quarters. Legal experts and commentators have expressed concerns that the assertion of "plenary authority" reflects an attempt to centralize power within the executive branch, potentially undermining the checks and balances established by the Constitution. Joyce Vance, a former federal prosecutor, likened the administration's approach to that of Nayib Bukele, the President of El Salvador, who has sought to consolidate power by undermining judicial independence.

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The interpretation of Miller's statement and the legal implications of Trump's authority remain contentious. While some sources assert that the president's powers are expansive, others highlight the limitations imposed by existing laws and judicial rulings. The ongoing legal battles surrounding the deployment of National Guard troops in various states, including Oregon and Illinois, underscore the complexities of this issue.

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• “Under Title 10 of the US Code, the president has plenary authority, has–” — Stephen Miller, White House Deputy Chief of Staff

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• “The president’s judgment is unreviewable,” — U.S. Deputy Attorney General Eric Hamilton

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• “No, Trump Can't Order Troops to Wherever He Wants,” — Stephen Vladeck, Georgetown University Law Professor

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As the Trump administration continues to appeal the federal court rulings blocking troop deployments, the legal and political ramifications of Miller's comments and the concept of "plenary authority" are likely to be scrutinized further. Legal experts anticipate that the Supreme Court may ultimately be called upon to clarify the limits of presidential power in this context.

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