CONTINUED Professor Richard Epstein, Federal Power, National Guard Deployment, and University Funding Professor Richard Epstein discusses two cases involving the Trump administration's use of federal power. First, he analyzes Judge Charles Brier's ruling
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 5 September 2025
⏱️ 6 minutes
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Summary
Professor Richard Epstein discusses two cases involving the Trump administration's use of federal power. First, he analyzes Judge Charles Brier's ruling that Trump's deployment of National Guard troops for immigration enforcement in Southern California was partially illegal, citing the 1878 Posse Comitatus Act. Epstein distinguishes between protecting federal interests and overstepping into local policing, as with traffic violations or raids far from Los Angeles. He criticizes the political polarization between Trump and Governor Gavin Newsom for hindering cooperation during emergencies. Second, Epstein addresses Judge Allison Burroughs' interim decision against Trump's freezing of Harvard's research funds over anti-Semitism allegations, warning of long-term damage to US medical research.1910
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| 0:29.8 | I'm John Match with Professor Richard Epstein. We've escaped Los Angeles and we're now in Harvard Yard, which is much friendlier most of the time. And right now, it's friendly because |
| 0:36.5 | Judge Allison Burroughs of the Oster District Court in Boston |
| 0:39.2 | has ruled that the Trump administration broke the law. That's what the Times writes, by freezing |
| 0:46.7 | billions of dollars in research funds in the name of stamping out anti-Semitism. What I understand, |
| 0:52.4 | Professor, this is an interim decision. Where's it going? |
| 0:55.3 | Thank you. Well, it's going to the Court of Appeals and may well from there to the Supreme Court. |
| 1:01.0 | And it's not at all clear the grounds on which this case should be done. Now, to begin at the beginning, |
| 1:06.5 | my objection to the way in which Trump has proceeded is he's gone after Harvard in a kind of a wholesale way without ever once answering the question. |
| 1:15.5 | If you want to revoke grants, are there other procedures that have been set up which allow you to do so? |
| 1:21.0 | So some months ago, I signed a letter that was written by very distinguished people saying, |
| 1:26.8 | we've got a lot of procedures for this and Mr. Trump Trump has to follow them, and he hasn't followed any of them. And so the great tragedy is, Harvard may be crazy, but X, Y, and Z laboratories are not. And why do you want to shut down the laboratories that are doing productive work in order to get after other people? What Trump ought to have done, what's to figure out who it were the bad actors, and then |
| 1:47.2 | actually bring criminal prosecutions against them, or recognize that they exercise free speech |
| 1:51.9 | rights of one kind or another. |
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