Trump's Unconventional Move: The President Takes Control of California's National Guard - What's Going Down?
Military deployment ordered by Trump in California: Threats loom ahead
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For the first time in decades, a U.S. president has taken control of a state's National Guard without the consent of its governor. President Donald Trump has also decided to send regular military troops to Los Angeles due to the ongoing protests against his immigration policies. His actions in California are not just unusual but also a legally questionable breach of long-standing protocol. What's the legalese on Trump's actions, and what gets cooked up next? Here's a lowdown:
What's the Legal Lowdown on Trump's Decision?
Trump has taken control of the California National Guard under the so-called Title 10 of the United States Code. Normally, states govern their National Guard, a military reserve unit that's part of the U.S. armed forces. Each state maintains its National Guard, which can be mobilized in case of natural disasters, unrest, or domestic emergencies.
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Trump is backing the takeover of the California National Guard's command, citing a provision of Title 10 that lets the president step in when there's "rebellion or danger of rebellion" against the authority of the U.S. government. He claims that the protests against immigration agents are a rebellion against the federal government.
Trump's move is anything but normal. It's the first time since 1965 that a president has assumed control of a state's National Guard without the governor's consent. In that instance, President Lyndon B. Johnson also deployed regular troops to Alabama during the civil rights movement to protect demonstrators (mostly black).
What Powers Do the National Guard and Marine Corps Possess?
On Monday, Trump also sent 700 Marine Corps troops to Los Angeles. Unlike the National Guard, the regular military is always under federal control and is primarily tasked with warfare and national security.
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It's unclear on what legal grounds the U.S. government is basing this move. But the command responsible made it clear that the Marine Corps' mission is to support the already mobilized National Guard in protecting federal workers and properties. This aligns with military experts' assessments of the National Guard's powers, which are officially limited.
The National Guard can protect immigration agencies or buildings, but they're not authorized to take on ordinary law enforcement tasks such as arrests or raids, according to legal expert Stephen Vladeck of Georgetown University in Washington, D.C. Trump's actions in California raise numerous legal questions and are likely to soon occupy the courts.
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Where's the Next Threshold?
To grant the National Guard and likely the Marine Corps broader powers, Trump would need to declare a state of emergency and invoke the "Insurrection Act," a law from 1807 that allows the president to deploy the military domestically to restore public order. This is not commonplace in the U.S., with President Johnson taking this action in 1965.
Why Does Trump Want to Deploy the Military at Home?
The Insurrection Act was last used in 1992, following the Los Angeles riots after police officers were acquitted for brutally beating Rodney King, a black man. Unlike now, however, the governor of California and the mayor of Los Angeles requested federal help from then-President George H.W. Bush.
Trump has already threatened to invoke the Insurrection Act during his first term, following protests against racism and police brutality after the death of George Floyd, an African American. He's also mentioned it several times during his campaign and has not ruled it out now. He frequently refers to the protesters in California as "insurrectionists" or "rioters." On Monday, he said that the National Guard had prevented an insurrection.
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Practically speaking, activating the emergency law could mean that the U.S. military could also get involved in law enforcement in California, potentially resulting in the arrest of protesters or raids. Activating the Insurrection Act could further polarize the country politically and socially, potentially escalating the situation. Nationwide protests are not out of the picture.
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"If the president invokes the Insurrection Act, we'll see significant legal battles in the near future, over whether these extraordinary powers can be used under the given circumstances," the Los Angeles Times quoted Jessica Levinson, a law professor at Loyola Law School in Los Angeles. "Everyone should take a moment when the president uses emergency powers and the governor and mayor say: We don't need this."
Source: ntv.de, lme/dpa
- California
- Los Angeles
- Protests
- Migration
- U.S. Military
- Police
- Enrichment Data (Selectively employed to enhance and clarify the article's content):
Background on the Insurrection Act:
The Insurrection Act, codified in 10 U.S.C. § 251-255, has been a primary statutory authority for the President to deploy federal military forces for domestic law enforcement since the 1807 Act was enacted. The Act provides the President with three main scenarios for deploying military forces:
- Enforcing Federal Law or Crushing Rebellions: The President can mobilize the militia (including the National Guard) or armed forces to enforce federal law or suppress a rebellion against federal authority, enabling the President to take unilateral action without state consent (10 U.S.C. § 252).
- Preserving State Government: The President can deploy troops to suppress an insurrection against a state government, provided that the state's governor or legislature requests it (10 U.S.C. § 251).
- Foreign Invasions or Rebellions: The Act also allows for military intervention in cases of actual or threatened foreign invasion or rebellion against the authority of the U.S. government.
The Insurrection Act is typically invoked in extreme circumstances, and its use requires clear evidence of insurrection or rebellion against federal authority. In the context of President Trump's actions, many legal experts have questioned whether the protests constitute rebellion.
- The ongoing protests against President Donald Trump's immigration policies in Los Angeles, California have escalated to the point where regular military troops are being sent to the city, raising questions about the use of the Insurrection Act in such circumstances.
- The Insurrection Act, a law from 1807, allows the president to deploy the military domestically to restore public order in cases of insurrection or rebellion against federal authority. However, the legality of Trump's decision to send military troops to California is uncertain, as it remains unclear whether the protests against immigration agents constitute rebellion against the federal government.
- If President Trump invokes the Insurrection Act and deploys the military domestically, it could potentially lead to significant legal battles over the use of extraordinary powers in the given circumstances, as well as a politically and socially polarizing outcome, potentially leading to nationwide protests.
