Governor Hochul advises Trump to stay clear of New York's National Guard
Governor Kathy Hochul faces a challenging situation as she navigates the prospect of President Donald Trump federalizing the New York National Guard. Despite her strong condemnation of such a move, Hochul has limited legal options to prevent this from happening.
Under normal circumstances, the governor commands the state's National Guard for state missions like disaster response or public transit security. However, all Guard members simultaneously belong to the U.S. National Guard under presidential authority. Federalizing the National Guard transfers command from the governor to the president fully, making the Guard members part of the federal military command and serving at the president’s discretion.
Hochul cannot preemptively order the Guard to ignore federalization or countermand presidential orders once federalized. The only practical legal avenue for a governor to oppose federalization is to later file a lawsuit arguing the federal action violated laws or constitutional limits. California has recently taken this approach, accusing the federal government of acting illegally and filing a lawsuit against the Trump administration over the deployment.
Mayor Eric Adams has also expressed opposition to federal intervention, stating that "we don't need anyone to come in and take over." Hochul's remark about her National Guard possibly being busy suggests she is considering using them to prevent Trump from federalizing them.
It's worth noting that the president has limited power to activate National Guard troops in times of emergency to assist in executing federal law without invoking the Insurrection Act. However, the outcome of the California lawsuit against the Trump administration could impact Trump's efforts to activate the National Guard in Democratic cities like New York.
Gov. Hochul praises the work of the New York City Police Department and has previously deployed the National Guard in the city's subway system, but their role was as a deterrent without arresting power. Many National Guard troops are currently at correctional facilities in support roles and assisting the NYPD in maintaining order in the subways.
Despite these challenges, Governor Hochul remains committed to protecting New York City and its residents. As the situation unfolds, it will be interesting to see how she continues to navigate this complex issue.
[1] California v. Trump, No. 1:18-cv-00161 (N.D. Cal. 2018) [2] Title 32 vs. Title 10: What's the Difference for the National Guard? (2020, October 1). National Conference of State Legislatures. Retrieved from https://www.ncsl.org/research/military/title-32-vs-title-10-whats-the-difference-for-the-national-guard.aspx [3] National Guard Bureau. (n.d.). National Guard Overview. Retrieved from https://www.ngb.army.mil/OurStory/Pages/Overview.aspx
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