Yes yes FISC judge Rudolph Contreras
who "was recused" not "he recused himself"
The wording was very specific back then.
Take that as Judge Collyer or CJ Roberts likely weighing in.
President Trump may use the Insurrection Act to use Military on the border.
Great write up about the changes over the years and the latest change made in 2007 to the act (post Katrina)
Before you all get going, it has a write up of how this would differ from Posse Commitus, worth the read.(56 pages)
And from Berkely no less!
https://www.law.berkeley.edu/library/resources/disasters/Crockett.pdf
The verbiage of the Insurrection Act was amended in 2007 Sect 333