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Jamie McIntyre


NextImg:Trump threatens invocation of Insurrection Act if judges continue to block use of military to support crime fighting in US cities

TRUMP: ‘IF I HAD TO ENACT IT, I’D DO THAT’: Frustrated that federal judges — including at least one he appointed — are constantly ruling his federalizing of troops to assist in fighting crime and enforcing immigration law is exceeding his authority, President Donald Trump says he’d consider invoking the Insurrection Act of 1807, if it was, in his opinion, a matter of life and death.

“We have an Insurrection Act for a reason. If I had to enact it, I’d do that. If people were being killed and courts were holding us up, or governors or mayors were holding us up, sure, I’d do that,” Trump said in response to a reporter’s question. “I’d do it if it was necessary. So far, it hasn’t been necessary.”

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The law — which hasn’t been updated in over 150 years — authorizes the use of the military to suppress rebellion or domestic violence or to enforce the law in certain situations. The law’s provisions are vague and “leave virtually everything up to the discretion of the president,” according to the Brennan Center for Justice.

At yesterday’s White House briefing, press secretary Karoline Leavitt pushed back against the idea that Trump is running roughshod over state and local authorities. “You guys are framing this like the president wants to take over the American cities with the military,” she told reporters. “The president wants to help these local leaders who have been completely ineffective in securing their own cities.”

“It’s a shame that we see in some cities across the country that their mayors are just simply refusing to cooperate because they don’t like Donald Trump,” Leavitt said. “And I don’t think any American would disagree that Chicago needs more law enforcement and reinforcement.”

TRUMP OPEN TO INVOKING INSURRECTION ACT FOLLOWING ILLINOIS AND OREGON TROOP DEPLOYMENTS

PRITZKER: TRUMP USING TROOPS AS ‘POLITICAL PROPS AND PAWNS’: In Illinois, where Trump is threatening to deploy Texas National Guard troops to Chicago if Gov. J.B. Pritzker refuses to call up his own state troops, Pritzker is fighting back in federal court and the court of public opinion.

“The state of Illinois filed a lawsuit challenging Donald Trump’s unlawful and unwarranted plans to deploy armed military troops to Chicago,” Pritzker said at a news conference. “There is no invasion here. There is no insurrection here. And local and state law enforcement are on the job and managing what they need to.”

“Without my permission and against my vigorous objections, the President has federalized 300 Illinois National Guard military troops and hundreds of National Guard members from Texas. And he has ordered them to activate for duty in Illinois,” Pritzker said. “Let me be clear, Donald Trump is using our service members as political props and as pawns in his illegal effort to militarize our nation’s cities.”

PRITZKER VOWS TO BOOT NOEM’S ICE ‘THUGS’ FROM CHICAGO

MILLER: ‘THIS IS THE TEXTBOOK DEFINITION OF DOMESTIC TERRORISM’: At the White House, Stephen Miller, deputy chief of staff for policy, said while the administration will abide by lower court rulings, it believes it will prevail on appeal.

“I would note the administration won an identical case in the Ninth Circuit just a few months ago with respect to the federalizing of the California National Guard. Under Title X of the U.S. Code, the president has plenary authority,” Miller said in an appearance on CNN.

“The most important point I want to make today is that the number one and two items in the GOP platform in 2024 were to turn back the border invasion and carry out the largest deportation program in American history. Since Inauguration Day, there’s been an orchestrated campaign of terrorism and violence against ICE officers,” Miller said, portraying the protests against ICE immigration law enforcement as an insurrection aimed at thwarting the will of the voters in the 2024 election.

“In Portland, ICE officers have been subjected to over 100 nights of terrorist assault, doxxing, murder threats, violent attack, and every other means imaginable to try to overturn the results of the last election through violence,” Miller said. “We saw the recent sniper attack against ICE officers. They’re publishing their families’ photos online. They’re threatening them with murder. They’re threatening them with death. And they’re physically attacking them in the street each and every day.”

“When in our history have we tolerated unlawful, riotous assemblies night after night around FBI buildings or ATF buildings or DEA buildings?” Miller said. “This is the textbook definition of domestic terrorism, using the actual and imminent threat of violence to keep federal officials from doing their jobs.”

DOJ OFFICIAL PROBING PORTLAND POLICE REFERS ‘WOKE IDIOTS’ THREATS TO US MARSHALS

Good Tuesday morning and welcome to Jamie McIntyre’s Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by Christopher Tremoglie. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn’t work, shoot us an email and we’ll add you to our list. And be sure to follow me on Threads and/or on X @jamiejmcintyre.

CLICK HERE TO SIGN UP OR READ BACK ISSUES OF DAILY ON DEFENSE

HAPPENING TODAY: Attorney General Pam Bondi will no doubt face hostile questions from Democrats on the Senate Judiciary Committee at today’s 9 a.m. oversight hearing.

During her confirmation hearing in January, Bondi promised to keep politics out of prosecutorial decisions. “It will be my job, if confirmed, as Attorney General, to make those decisions. Politics will not play a part,” she testified.

Bondi will face scrutiny in particular in the case of former FBI director James Comey, who was indicted at the urging of President Trump only after a U.S. attorney he had appointed, Erik Siebert, refused to proceed with charges citing insufficient evidence. At Trump’s direction, Lindsey Halligan, a White House aide with no prosecutorial experience, was appointed to present the case to the grand jury.

Yesterday, Trump denied he “called anybody” at the Justice Department, despite posting a message to Bondi on his Truth Social network in which he railed against Siebert, praised Halligan, and insisted “here is a GREAT CASE” against Comey. “Nothing is being done. What about Comey?” he posted. “JUSTICE MUST BE SERVED, NOW!!!”

Trump told reporters again yesterday that he didn’t interfere in the case, even though he believes there would be nothing wrong if he did. “No. I don’t call anybody,” he said. “You know, what? I’m allowed to do that if I wanted to do that. But Comey’s a crooked guy. He has been for years. And he got caught.”

ALSO TODAY: President Trump meets with Canadian Prime Minister Mark Carney at the White House at 11:30 a.m., and trade is expected to be at the top of the agenda. Canada has been unable to reach an agreement with Trump over tariffs.

PENTAGON BACKTRACKS ON NORTH KOREA-STYLE PRESS RESTRICTIONS: After further review and strong pushback from news media organizations covering the Pentagon, proposed rules governing what credentialed journalists can report have been revised to remove restrictions that implied only government-approved talking points could be reported. 

The revised rules, which must be signed by credential reporters within seven days, removed a provision that stated that only information “approved for public release by an appropriate authorizing official” could be reported “even if it is unclassified.” The previous document threatened Pentagon reporters with “suspension or revocation of your building pass and loss of access” for anyone who failed to abide by the rules.

The rules, emailed to reporters Monday, recognizes that “receipt of unsolicited [classified national intelligence and sensitive, unclassified information] and its subsequent publication is generally protected by the First Amendment and would not, on its own, normally trigger denial, revocation, or non-renewal of a [Pentagon access pass].” And it removes any suggestion of “prior restraint,” which the Supreme Court ruled unconstitutional in the landmark 1971 case New York Times v. the U.S., also known as the Pentagon Papers case.

“Members of the news media are not required to submit their writings to DoW for approval. However, they should understand that DoW personnel may face adverse consequences for unauthorized disclosures.”

The burden is now on the military and civilian workers at the Pentagon not to leak. Still, the new policy said it will go after reporters who openly solicit classified information from their sources at the Pentagon.

“There is a critical distinction between lawfully requesting information from the government and actively soliciting or encouraging government employees to break the law. The First Amendment does not permit journalists to solicit government employees to violate the law by providing confidential government information,” the 21-page document read. Reporters were also warned that posting messages on social media, inviting disgruntled sources to reveal what’s happening behind the scenes, could get them booted from the Pentagon.

“For example, an advertisement or social media post by an individual journalist or media outlet that directly targets DoW personnel to disclose non-public information without proper authorization would constitute a solicitation that could lead to revocation.”

The new policy also tightens the rules against photography anywhere on the Pentagon “reservation,” which includes the building and all the land and parking lots surrounding it. “Note that this prohibition applies to the use of apps on mobile devices that utilize the front-facing camera lens, such as ‘FaceTime’ or the taking of ‘selfies.’”

WAR DEPARTMENT REVERSES COURSE ON MEDIA REPORTING RESTRICTIONS

HEGSETH: ‘WE’RE MAKING THE RULES MORE LIKE THE WHITE HOUSE’: For as long as the Pentagon has been around, it has been a beacon of openness, allowing reporters to wander almost anywhere in the building’s 17-and-a-half miles of corridors, with the exception of classified or secure areas, such as the National Military Command Center located in the sub-sub-basement.

Secretaries of Defense would proudly point out that in America, the military is not hiding from the press, that Americans have a right to know what the military is doing, and that journalists play an essential role in holding the institution accountable. “The press is not the enemy and to treat it as such is self-defeating,” Defense Secretary Robert Gates famously told Naval Academy graduates in 2007. “The press, in my view, is a critically important guarantor of our freedom.”

But as soon as Pete Hegseth was sworn in, he began to target reporters he saw as enemies of the president’s agenda. He was aghast that Pentagon reporters could go anywhere and talk to anyone.

“If you were a Pentagon reporter, you could just walk around the building. No badge, no escort, no nothing. Walk into offices, talk to anybody who knows where there’s classified information,” Hegseth told Fox News reporter Peter Doocy in a Saturday interview. “We’re setting clear rules at the Pentagon. We’re not playing games. We’re not allowing everybody to roam around the building,” he said. “We’re making the rules more like you might say the White House.”

“We’re just normalizing it. Yes, you can be in the press area, briefing room, but if you want to move around the building, you’re going to have a badge. It’s going to be clear. You’re going to be escorted when you do so,” Hegseth said. “We have an expectation that you’re not soliciting classified or sensitive information.”

“The press corps can squeal all they want, we’re taking these things seriously. They can report. They just need to make sure they’re following rules,” he said. “I think the American people see things like that as absolute common sense.”

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

THE RUNDOWN:

Washington Examiner: Oct. 7 two years on: Israelis still struggle with trauma from day etched in infamy

Washington Examiner: Hamas built a rocket factory tunnel under Jordanian hospital in Gaza

Washington Examiner: War Department reverses course on media reporting restrictions

Washington Examiner: Trump open to invoking Insurrection Act following Illinois and Oregon troop deployments

Washington Examiner: Illinois sues Trump administration over sending National Guard to Chicago

Washington Examiner: Pritzker vows to boot Noem’s ICE ‘thugs’ from Chicago

Washington Examiner: DOJ official probing Portland police refers ‘woke idiots’ threats to US Marshals

Washington Examiner: Newsom and Pritzker threaten to leave NGA after silence on troop deployments

Washington Examiner: Senate Democrats hold the line and reject GOP plan to end shutdown a fifth time

Washington Examiner: Venezuela warns of possible ‘false flag’ attack on US Embassy in Caracas

Washington Examiner: Merkel praises Orban, takes digs at Poland and the Baltics in book tour interview

Washington Examiner: Lecornu becomes fourth French PM to resign in a year, offers three reasons job is currently impossible

Washington Examiner: Trump hails election of ‘highly respected’ first female prime minister of Japan

Washington Examiner: Cruise ships present concerning new front for drug smuggling

AP: A divided Israel marks 2 years since Oct. 7 attack as war in Gaza grinds on and hostages languish

AP: Trump’s use of the National Guard sets up a legal clash testing presidential power

Wall Street Journal: Europe to Push Back as Illegal Drone Incursions Multiply

Washington Post: Trump’s use of National Guard may have lasting impact on cities and troops

Task & Purpose: Air Force Says Viral ‘Combat Fitness’ Memo Isn’t Real

DefenseScoop: Trump Submits Nomination for Top Pentagon Homeland Defense Policy Post

Washington Post: Investigation: VA spends billions on dubious, even fraudulent disabilities benefits

Breaking Defense: Army Sunsets Futures Command, Activates Transformation, Training Command

The War Zone: New North Korean Hypersonic Missile Unveiled at Pyongyang Arms Expo

Air & Space Forces Magazine: MDA Extends Deadline for Golden Dome Proposals

Air & Space Forces Magazine: Startup Firefly Makes Move to Expand into Golden Dome, Dynamic Satellites

Breaking Defense: SAIC Will Acquire Software Shop SilverEdge for $205 Million

Air & Space Forces Magazine: Air Force Investigating Privacy Compromise on SharePoint Sites

Air & Space Forces Magazine: New ‘Nomad’ VTOL Drone Family Could Boost Air Force’s Plans for Agile Ops

THE CALENDAR: 

TUESDAY | OCTOBER 7

9 a.m. — Foreign Policy virtual discussion: “How October 7 Changed the World,” with Stephen Walk, Foreign Policy columnist and professor of international affairs at Harvard University; and Ravi Agrawal, Foreign Policy editor in chief https://foreignpolicy.com/live/stephen-walt-october-7-changed-world/

9:30 a.m. G-50 Dirksen — Senate Armed Services Committee hearing on the nominations of John Noh to be assistant secretary of defense for Indo-Pacific affairs; Charles Young III to be general counsel of the Army; William Lane III to be general counsel of the Air Force; and David Beck to be deputy administrator for defense programs at the National Nuclear Security Administration. http://www.armed-services.senate.gov

CANCELLED: 9:30 a.m. — Washington Institute for Near East Policy virtual forum: “October 7, Two Years On: Repercussions for Israel, the Middle East, and U.S. Policy,” with Yossi Klein Halevi, senior fellow, Shalom Hartman Institute; Ali al-Nuaimi, chair, United Arab Emirates Defense Affairs, Interior, and Foreign Relations Committee Federal National Council; Dana Stroul, WINEP senior fellow; and Dennis Ross, WINEP fellow https://washingtoninstitute-org.zoom.us/webinar/register

2 p.m. — Center for Strategic and International Studies virtual book discussion: Great Power Diplomacy: The Skill of Statecraft from Attila the Hun to Kissinger, with author Wess Mitchell, co-founder and principal of the Marathon Initiative https://www.csis.org/events/great-power-diplomacy-conversation-wess-mitchell

2:30 p.m. 419 Dirksen — Senate Foreign Relations Subcommittee on East Asia, The Pacific, and International Cybersecurity Policy Hearing: “Combatting the People’s Republic of China’s Illegal, Coercive, Aggressive, and Deceptive Behavior in the Indo-Pacific,” with testimony from Craig Singleton, China Program senior director and senior fellow, Foundation for Defense of Democracies; Raymond Powell, executive director, SeaLight Foundation; and Ely Ratner, principal, The Marathon Initiative https://www.foreign.senate.gov/hearings/combatting-the-peoples-republic-of-china

2:30 p.m. 222 Russell — Senate Armed Services Emerging Threats and Capabilities Subcommittee hearing: “Threats and Challenges Posed to Department of Defense Personnel and Operations from Adversarial Access to Publicly Available Data Coupled with Advanced Data Analysis Tools Now Widely Available on the Commercial Market,” with testimony from Joseph Kirschbaum, director of defense capabilities and management in the Government Accountability Office; Justin Sherman, founder and CEO of Global Cyber Strategies; John Doyle, CEO of Cape; and Michael Stokes, vice president of strategy for Ridgeline International http://www.armed-services.senate.gov

4 p.m. — Center for Strategic and International Studies virtual discussion: “Congressional Perspectives on Maritime Security,” with Sen. Tim Kaine (D-VA); Sen. Tim Sheehy (R-MT); and Seth Jones, president, CSIS Defense and Security Department https://www.csis.org/events/congressional-perspectives-maritime-security

4:30 p.m. 1400 L St. NW — Atlantic Council discussion: “Pressure for Peace: How to End the Russian War on Ukraine,” with former Ukrainian Prime Minister Arseniy Yatsenyuk, founder and chairman of the Kyiv Security Forum; Kimberly Kagan, president and founder, Institute for the Study of War; former U.S. Ambassador to NATO Douglas Lute, board member, Atlantic Council; former Undersecretary of State for Global Affairs Paula Dobriansky, vice chair, Atlantic Council Center for Strategy and Security; and former U.S. Ambassador to Ukraine John Herbst, senior director, Atlantic Council Eurasia Center https://www.atlanticcouncil.org/event/pressure-for-peace-how-to-end-the-russian-war

WEDNESDAY | OCTOBER 8

9 a.m. 1400 L St. NW — Atlantic Council Global Energy Center Energy and Defense Program 2025 Energy and Defense Summit,” with Rep. Don Bacon (R-NE); Rep. Earl “Buddy” Carter (R-GA); Rep. Ed Case (D-HI); Rep. Sarah Elfreth (D-MD); and Rep. Chuck Fleischmann (R-TN) https://www.atlanticcouncil.org/event/2025-energy-defense-summit/

9 a.m. 1616 Rhode Island Ave. NW — Center for Strategic and International Studies and the West Point Center for the Study of Civil-Military Operations, CSIS-West Point Conference: “The Future of Critical Minerals and National Security, with retired Army Gen. John Abizaid, former commander, U.S. Central Command https://www.csis.org/events/future-critical-minerals

11 a.m. — Center for a New American Security virtual discussion: “Judge Advocates General: On the Frontline of National Security and the Rule of Law,” with retired Adm. John Richardson, former chief of naval operations and member, CNAS board of directors; James Baker, professor and director at the Syracuse University Institute for Security and Law and former chief judge of the U.S. Court of Appeals for the Armed Forces; retired Rear Adm. James McPherson, former Army undersecretary and former judge advocate general of the Navy; and Carrie Cordero, CNAS senior fellow and general counsel https://www.cnas.org/events/virtual-event-judge-advocates-general

5:30 p.m. 529 14th St. NW — Quincy Institute for Responsible Statecraft book discussion: The Fort Bragg Cartel: Drug Trafficking and Murder in the Special Forces,” with author Seth Harp https://quincyinst.org/events/the-fort-bragg-cartel-an-in-person-conversation-with-author-seth-harp/

THURSDAY | OCTOBER 9

2 p.m. — Government Executive Media Group virtual discussion: “Smarter Systems, Safer Missions: Enabling AI Through Unified Cybersecurity,” with Macy Dennis, CXO adviser at Netskope https://events.govexec.com/smarter-systems-safer-missions

3:30 p.m. — Foundation for Defense of Democracies Center on Military and Political Power discussion: “Countering the Axis of Aggressors,” with retired Lt. Gen. H.R. McMaster, former national security adviser; and retired Gen. Laura Richardson, former U.S. southern commander https://www.fdd.org/events/2025/10/09/countering-the-axis-of-aggressors

2:15 p.m. 1000 Massachusetts Ave. NW — Cato Institute forum: “Beyond Brussels: Rethinking the NATO Alliance,” with Sen. Mike Lee (R-UT); and Justin Logan, Cato director of defense and foreign policy studies https://www.cato.org/events/beyond-brussels-rethinking-nato-alliance

3 p.m. 1400 L St. NW — Atlantic Council launch of the final report of the Hypersonic Capabilities Task Force, with Rep. Mark Messmer (R-IN); Rep. Donald Norcross (D-NJ); former Air Force Secretary Deborah Lee James, co-chair, Atlantic Council Hypersonic Capabilities Task Force; former Army Secretary Ryan McCarthy, co-chair, Atlantic Council Hypersonic Capabilities Task Force; former Army Chief of Staff Gen. Jim McConville, member, Atlantic Council Hypersonic Capabilities Task Force; and Michael White, author, Atlantic Council Hypersonic Capabilities Task Force and former principal director of hypersonics at the Defense Department https://www.atlanticcouncil.org/event/the-hypersonic-imperative