Did Stephen Miller say Trump has 'plenary authority' on CNN?

In October 2025, a rumor spread that Stephen Miller, the White House's deputy chief of staff, said live on television that President Donald Trump has "plenary authority," a phrase that refers to one branch of government having full or limitless power over an area of governance.

He allegedly made the comment while discussing Trump's decision to deploy National Guard troops in Portland, Oregon, and other parts of the country, such as Chicago.

A slew of social media posts shared the claim, some of which included a supposed clip of Miller's remark in an interview on CNN. The rumor appeared on Reddit, X, Instagram and Threads. Some critics of the Trump administration claimed Miller "said the quiet part out loud." HuffPost, a left-leaning online publication, shared the alleged clip on its YouTube account:

A CNN transcript (archived) confirmed Miller said these words during an Oct. 6, 2025, live interview with host Boris Sanchez.

Miller was standing in front of the White House during the interview, while Sanchez was in a CNN studio. Miller cited Title 10 of the U.S. Code, a law that codifies the role of the military, when he claimed Trump has "plenary authority." After he made the comment, he fell silent, mid-sentence, and appeared to have lost the audio connection to Sanchez.

Snopes reached out to Miller asking what he meant by "plenary authority" during the interview. We await a response. 

In a clip later posted on CNN's YouTube CNN account, Miller's comment on Trump's alleged plenary authority had been cut. In an email, a spokesperson for CNN said the news outlet made an "editorial decision" to "cut [the clip] for time."  

The interview, transcribed

Miller made the comment after Sanchez asked him if the administration was planning to "abide by" a federal judge's ruling blocking it from deploying National Guard troops in Portland, Oregon. The moment went like this (emphasis ours):

SANCHEZ: You have called the district judge's ruling blocking the deployment of National Guard in Oregon legal insurrection. Does the administration still plan to abide by that ruling?

MILLER: Well, the administration filed an appeal this morning with the Ninth Circuit. 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 10 of the U.S. Code, the president has plenary authority. Has --

SANCHEZ: Stephen. Stephen. Hey, Stephen, can you hear me?

It seems, Stephen, I apologize. It seems like we're having a technical issue. We'll try to fix that and get back to you after a quick break.

In other words, Miller claimed the president — the executive branch — has "plenary authority," (i.e. limitless power) allowing him to deploy National Guard troops in U.S. cities, unconstrained by Congress or the courts.

Miller then fell silent and appeared not to hear Sanchez. Sanchez asked the question again after the technical issue and Miller answered for a second time — though, in that response, he did not mention plenary authority. He did not use the phrase in the rest of the live interview.

The word plenary comes from the Latin word "plenarius," which means complete. In the context of U.S. government, plenary authority or power refers to one branch of government having full or limitless power, unconstrained by the other two branches.

Branches of government already have plenary power over certain areas. For example, the Supreme Court has ruled several times to confirm Congress, the legislative branch, has plenary power over immigration for the most part. In addition, Congress has plenary power over interstate commerce. 

The White House released this memo after the CNN interview

Snopes reached out to the White House to ask about Miller's comment and whether it believed it to be true; that the president has plenary authority that allows for him to deploy National Guard troops in U.S. cities, regardless of court or legislative actions. 

In response, the White House press office pointed us to a memorandum Trump wrote and published online hours after the CNN interview aired. The statement included the bolded passage:

In light of both past incidents in Chicago and the credible threat of future incidents, and in light of my determinations, by the authority vested in me as President by the Constitution and the laws of the United States of America, including 10 U.S.C. 12406, I hereby call into Federal service at least 300 members of the Illinois National Guard, until the Governor of Illinois consents to a federally-funded mobilization, under Title 32 of the United States Code, of the Illinois National Guard under State control. The members of the Illinois National Guard called into Federal service shall protect ICE, FPS, and other United States Government personnel who are executing Federal law in the State of Illinois, and Federal property in the State of Illinois. They shall do so at any locations at which violent demonstrations prevent the execution of Federal law or are likely to prevent the execution of Federal law based on current threat assessments and planned operations. The duration of such Federal service shall be 60 days or at the discretion of the Secretary of War. Further, I direct and delegate actions as necessary for the Secretary of War to coordinate with the Governor of the State of Illinois and the Chief of the National Guard Bureau in identifying and ordering into Federal service the appropriate members and units of the Illinois National Guard under this authority.

The memo called for deploying National Guard troops in Chicago. (While Miller's comment in the CNN interview was in response to a question about troops in Portland, he mentioned Chicago later in the interview.) The document did not use the phrases "plenary power" or "plenary authority" while outlining the Trump administration's viewpoint that Trump has legal authority to send troops anywhere in the U.S.

Like Miller in the interview, Trump's memo cited "10 U.S.C." (Title 10 of the U.S. Code), which codifies the role of the military. Meanwhile, Title 32 U.S.C., which Trump also cited in the memo, codifies laws ruling the National Guard. Per Title 32, the National Guard remains under control of states, except in certain circumstances, outlined in Title 10 U.S.C. section 12406:

Whenever—

(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) the President is unable with the regular forces to execute the laws of the United States;

the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.

Legal questions remain

On Oct. 4, 2025, a Trump-appointed federal judge blocked an order to deploy Oregon National Guard troops in Portland. The day after, the same judge halted an order to deploy the California and Texas National Guards in Portland.The Trump administration has appealed those decisions.

On Oct. 9, 2025, four days after Trump's memo, another federal judge ruled to stop the deployment of the National Guard in Chicago for two weeks. 

In an opinion piece titled "No, Trump Can't Order Troops to Wherever He Wants," in the New York Times, Georgetown University law professor Stephen Vladeck argued that the president's power to deploy the National Guard has legal constraints. 

Vladeck said Title 10 U.S.C. section 12406, which Trump cited in his memo, actually limits the president's power to federalize the National Guard, and that, before Trump orders such troops to streets, he must prove that there is a rebellion or the risk of a rebellion that "regular" law enforcement can not contain on its own.

Vladeck concluded the Supreme Court will ultimately decide on the matter.

Snopes has reached out to several experts of constitutional law to ask about Trump's memo and the ongoing court proceedings, and we will update this story should they respond.