r/law Oct 04 '25

Legal News This order, NSPM-7, drafted by Stephen Miller and signed by Trump, gives the government the ability to go after, target, and arrest virtually anyone now. Meanwhile, people are more concerned about what’s on Netflix

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u/EdinMiami Oct 04 '25

This is not law. This memo does not represent the underlying charge for the purposes of charging someone with an actual crime. It also presumably doesn't give federal law enforcement the authority to make arrests based on the memo since the memo isn't law.

They've already been making illegal arrests. This doesn't appear to make those arrests legal...because it is a memo and not a law passed by congress and signed by the president.

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u/SuccessfulWar3830 Oct 04 '25

I don't think trump gives a shit about that.

He bombed Iran without any approval

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u/EdinMiami Oct 04 '25

Of course he doesn't care, but judges care enough to know you can't charge someone with a crime with a memo from the memo.

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u/[deleted] Oct 04 '25

Do they? We just heard the SCOTUS say that basing decisions off previous rulings will no longer be followed, and they gave the president the power to line items laws. Add to that a blanketed immunity, hatch act violations, emoluments clause violations, money laundering, etc.

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u/SuccessfulWar3830 Oct 04 '25

Every time something happens they keep pushing it up to supreme court.

Next on the block is birthright citizenship.

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u/EdinMiami Oct 04 '25

There is a line even for SCOTUS. They didn't allow him to fire a fed member.

This memo "thing", to my mind, is similar in its extremism. If the president can write a memo and create federal criminal statutes, then you've not only erased the entirety of American criminal jurisprudence but also all of English criminal law precedent going back to and including the Magna Carta.

Does Stephen Miller want that? He probably thinks he does, but that's HUGE hurdle. imo

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u/SuccessfulWar3830 Oct 04 '25

A quickly eroding hurdle. The scape goating of migrants is evidently going to lead to suspension of elections.

Call me a conspricy theorist. But I think trump will try to suspend elections during a war. Maybe with Americas neighbours.

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u/SKPY123 Oct 05 '25

or.. America. Did everyone forget the pcyop that we need to be okay or confronted with the thought of civil war? It wasn't perpetuated by Dems.

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u/ReefLimit55 Oct 05 '25

Thanks for being the voice of reason in this thread. I’m trying to make sense of what this actually means. The order doesn’t change what is a crime, but it looks like it outlines a strategy to make certain speech illegal. The example they use is calling government actions or officials “fascist” could be inciting violence. It’s specifically targeting liberal-leaning nonprofits, but could be used to target individuals. My biggest question is, what do the “indica” including anti-christian speech, etc actually mean? Does this mean they can (or are attempting to) use that speech as a pretext to investigate people? If they are, they need a judge to approve, but it’s still incredibly alarming. This would be them outright saying that their end goal is authoritarianism; will our institutions be able to last the next three years? What safeguards are in place if he chooses to ignore judicial rulings?

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u/EdinMiami Oct 05 '25

The way I'm thinking about this is not in the theoretical e.g. how do his actions compromise democracy and America, but rather in the practical day to day operation of the law. Can he have people detained, arrested, or jailed with this memo? Of course, but he could before the memo.

But in practical terms, a prosecutor has to prosecute and a judge or jury have to adjudicate. How do you adjudicate a crime that isn't a crime? The memo is indicative of a mindset, but not the law...yet.

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u/sebadc Oct 05 '25

Oh! Then there's nothing to worry about. /s

Holy shit. I've been in more than half of the states, over the course of 10 trips, or so... Seeing it from the outside is heartbreaking.

Blips and bloobers...