White House Deputy Chief of Staff Stephen Miller had an unusual moment on CNN after seeming to suggest that President Donald Trump’s immigration agenda gives him unlimited authority. The apparent slip comes as Trump, Miller and others have pushed an expanded view of presidential authority under the guise of enforcing immigration and fighting crime, using this theory of presidential power to target Democratic-controlled cities.
Stephen Miller declares Trump has ‘plenary authority’ in awkward exchange
Miller appeared on CNN on Monday, and anchor Boris Sanchez asked him about a recent ruling blocking the deployment of National Guard troops to Oregon. Miller noted that the Trump administration was filing an appeal with the Ninth Circuit, stating, “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.” Miller then mentioned, “Under Title 10 of the U.S. Code, the President has plenary authority, has…” before stopping mid-sentence. Miller then stood silently for about 15 seconds, during which he blinked as the video did not actually freeze; however, he remained unresponsive to Sanchez’s attempts to get him to reengage. The interview then cuts away from Miller, attributing the awkward pause to a technical issue; the conversation later picks up again without mentioning the “plenary authority” remark.
Miller’s use of the term “plenary authority,” as well as the strange pause before finishing his point, has raised eyebrows. The concept of “plenary,” power as defined by the Legal Information Institute at Cornell Law School, means “complete power over a particular area with no limitations.” Such authority is typically associated with absolute monarchs or dictators, who rule with virtually unlimited power. Such authority is at odds with the American government, which divides power among the legislative, executive and judicial branches, as well as between the federal, state and local governments, among other checks and balances. Miller’s mention of “Title 10 of the U.S. Code” refers to a law that allows the president to deploy National Guard troops under circumstances such as when “rebellion against the authority of the United States make it impracticable to enforce the laws.”
Expanding federal interventions and presidential powers
As Blavity reported, Miller has been a Trump administration official using the term “insurrection” to justify Trump’s use of extraordinary powers, such as potentially invoking the Insurrection Act of 1807, to assert presidential authority over state and local governments by mobilizing troops for law enforcement. The recent court rulings regarding the National Guard’s deployment to Oregon were the latest of several instances of political and legal pushback against Trump’s use of federal authority, even as the administration contemplates appealing to laws like the Insurrection Act to justify more interventions.
Given this context, many people are interpreting Miller’s bizarre appearance as a slip-up, with him stopping himself after giving away too much of the administration’s plans to assert dictatorial power.
“Stephen Miller didn’t glitch,” a social media user remarked on X, formerly Twitter, along with a clip. “He said ‘plenary authority’ and whoever was in his ear told him to STFU because he said too much and he froze like a deer in headlights.”
Another declared, “Stephen Miller said the quiet part out loud,” noting, “It gets weirder: CNN uploaded the interview with the ‘plenary authority’ comment edited out,” alongside the original video and the uploaded version.
CNN’s decision to edit out Miller’s “plenary authority” comment potentially fits a larger trend of major media companies engaging in pro-Trump censorship. The comment itself hints that the ultimate goal of the Trump administration is to bypass or erode all limits on Trump’s authority, which would upend American democracy and the liberties upon which the country was founded.