Will Chamberlain: Courts Likely to Back Trump on Use of National Guard

Will Chamberlain, senior counsel at the Article III Project, joined Chicago’s Morning Answer to discuss a series of high-stakes legal battles involving federal authority, intelligence community misconduct, and high-profile prosecutions.

Chamberlain said the Ninth Circuit’s partial reversal of a lower court ruling on federal law enforcement in Portland marks a significant step toward affirming the president’s constitutional power to deploy the National Guard to protect federal property. “The courts have been too reluctant to defer to the president’s factual determinations,” he said. “When you look at the totality of the violence and threats against ICE and federal buildings in cities like Portland and Chicago, it’s entirely reasonable for President Trump to say additional support is needed.” He predicted the Supreme Court will eventually uphold the president’s authority, paving the way for Guard deployments to safeguard facilities nationwide.

Turning to the House Judiciary Committee’s criminal referral of former CIA Director John Brennan, Chamberlain said the evidence of perjury is straightforward. “He told Congress he had nothing to do with the Steele dossier and didn’t want it in the intelligence assessment,” Chamberlain explained. “Now we know, from declassified documents, he pushed for it to be included. That’s a lie under oath — and a crime. Roger Stone was raided for far less.”

He also addressed new revelations about former FBI Director James Comey allegedly sharing classified material through intermediaries and then claiming attorney-client privilege. “It’s the oldest trick in the book — leaking through lawyers to hide behind privilege,” Chamberlain said. “It shows who Comey really is: a calculating operator who wrapped himself in integrity while engaging in lawfare against his own government.”

Discussing reports that Special Counsel Jack Smith subpoenaed phone records from multiple Republican lawmakers, Chamberlain cautioned that the conduct was troubling but not necessarily criminal. “Issuing subpoenas isn’t illegal in itself,” he said. “The real issue is whether Smith was properly appointed to begin with. If he wasn’t Senate-confirmed, that raises serious constitutional questions about every action he’s taken.”

Finally, Chamberlain commented on the indictment of former National Security Adviser John Bolton for mishandling classified information. “It’s an open-and-shut case,” he said. “Bolton was emailing classified notes to family members and storing them on unsecure servers. It’s reckless, arrogant, and a clear violation of the law.”

Chamberlain said the broader pattern across these cases reveals a dual standard in Washington’s justice system: “People at the top of the intelligence community get away with behavior that would destroy anyone else’s career,” he said. “That’s why restoring accountability isn’t partisan — it’s essential.”

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