That sounds a bit arcane, and it likely is; the president, as Commander-in-Chief of the armed forces, should take the word of the Constitution first and foremost. But, yes, everything is (tiresomely at times) subject to legal interpretation. What's interesting here is that Durbin is asking the DOJ to rescind opinions that he evidently agreed with while Joe Biden was president.

Did you hear that scraping sound? That's the sound of goalposts being moved. //

anon-gkyt
25 minutes ago
Hey, Durbin. What part of Commander-in-Chief don’t you get?? As for use of the military domestically, General Winfield Scott, the senior army commander, stated in 1861 a self-evident fact. The military is to deal with threats foreign and domestic. Ever heard of Lincoln using the US military domestically? If that was not “domestic”, the invasion of the Confederacy was simply an act of aggression by the US government.