Does U.S. law allow Trump to send troops to quell protests?
U.S. President Donald Trump deployed National Guard troops to California after days of protests by hundreds of demonstrators against immigration raids, saying the protests interfered with federal law enforcement and framing them as a possible "form of rebellion' against the authority of the U.S. government. Defense Secretary Pete Hegseth on Monday mobilized 700 active duty Marines as part of the government's response to the protests.
California sued the Trump administration on Monday to end the "unlawful" deployment of troops in Los Angeles County and return the state National Guard to California Gov. Gavin Newsom's command.
What laws did Trump cite to justify the deployment?
Trump cited Title 10 of the U.S. Code, a federal law that outlines the role of the U.S. Armed Forces, in his Saturday order to call members of the California National Guard into federal service.
A provision of Title 10 — Section 12406 — allows the president to deploy National Guard units into federal service if the U.S. is invaded, there is a "rebellion or danger of rebellion' or the president is "unable with the regular forces to execute the laws of the United States.'
What are National Guard troops allowed to do under the law cited in Trump's order?
An 1878 law, the Posse Comitatus Act, generally forbids the U.S. military, including the National Guard, from taking part in civilian law enforcement.
Section 12406 does not override that prohibition, but it allows troops to protect federal agents who are carrying out law enforcement activity and to protect federal property.
For example, National Guard troops cannot arrest protesters, but they could protect U.S. Immigration and Customs Enforcement who are carrying out arrests.
What does California's lawsuit say?
California's lawsuit said the deployment of troops in the state without the governor's consent violates federal law and the U.S. Constitution's 10th Amendment, which protects states' rights.
The state argues the deployment does not meet any of the requirements in Title 10 because there was no "rebellion,' no "invasion" and no situation that prevented the enforcement of U.S. laws in the state.
Trump also did not consult with Newsom before deploying the National Guard, violating Section 12406's requirement that orders to deploy the National Guard "shall be issued through the governors of the States," according to the lawsuit.
What is the lawsuit asking for?
The lawsuit seeks a declaration from the court Trump's order is unlawful and an injunction blocking it from being enforced.
How might a court view the dispute?
There is little precedent for such a dispute. Section 12406 has only ever been invoked once before to deploy the National Guard, when President Richard Nixon called upon it to deliver the mail during the 1970 Postal Service Strike, according to Bonta.
Five legal experts from both left- and right-leaning advocacy organizations cast doubt on Trump's use of Title 10 in response to the immigration protests and called it inflammatory and reckless, especially without Newsom's support.
The protests in California do not rise to the level of "rebellion' and do not prevent the federal government from executing the laws of the United States, experts said.
Legal experts were split on whether a court would back Newsom's interpretation of the governor's role under Section 12406.
Courts have traditionally given great weight to the word "shall' in interpreting other laws, which supports Newsom's position that governors must be involved in calling in the National Guard. But other experts said the law was written to reflect the norms of how National Guard troops are typically deployed, rather than giving a governor the option to not comply with a president's decision to deploy troops.
What other laws could Trump invoke to direct the National Guard or other U.S. military troops?
Trump could take a more far-reaching step by invoking the Insurrection Act of 1792, which would allow troops to directly participate in civilian law enforcement, for which there is little recent precedent.
Senior White House officials, including Vice President JD Vance and senior White House aide Stephen Miller, have used the term "insurrection" when discussing the protests, but the administration has stopped short of invoking the act thus far.
It has been used by past presidents to deploy troops within the U.S. in response to crises like the 1794 Whiskey Rebellion and the rise of the Ku Klux Klan in the immediate aftermath of the American Civil War. The law was last invoked by President George H.W. Bush in 1992, when the governor of California requested military aid to suppress unrest in Los Angeles following the trial of Los Angeles police officers who beat Black motorist Rodney King.
But the last time a president deployed the National Guard in a state without a request from that state's governor was 1965, when President Lyndon Johnson sent troops to protect civil rights demonstrators in Montgomery, Alabama.
What about the Marines?
Trump has more direct authority over the Marines than the National Guard, under Title 10 and in his constitutional role as commander in chief of the armed forces, legal experts said.
But unless Trump invokes the Insurrection Act, the Marines are subject to legal restrictions that prevent them from taking part in "any search, seizure, arrest or other similar activity." The Defense Department said on Monday that the Marines were ready to support the National Guard's efforts to protect federal personnel and federal property in Los Angeles, emphasizing the relatively limited scope of their role at the moment.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Japan Today
2 hours ago
- Japan Today
Hegseth faces sharp questions from Congress on deploying troops to LA and Pentagon spending
Department of Defense Secretary Pete Hegseth testifies before the House Committee on Appropriations subcommittee oversight hearing on the Department of Defense, on Capitol Hill in Washington, Tuesday, June 10, 2025. (AP Photo/Jose Luis Magana) By LOLITA C. BALDOR and TARA COPP Defense Secretary Pete Hegseth was met with sharp questions and criticism Tuesday by lawmakers who demanded details on his move to deploy troops to Los Angeles, and they expressed bipartisan frustration that Congress has not yet gotten a full defense budget from the Trump administration. 'Your tenure as secretary has been marked by endless chaos,' Rep. Rosa DeLauro, D-Conn., told Hegseth. Others, including Republican leaders, warned that massive spending projects such as President Donald Trump's desire for a $175 billion Golden Dome missile defense system will get broad congressional scrutiny. The troop deployment triggered several fiery exchanges that at times devolved into shouting matches as committee members and Hegseth yelled over one another. After persistent questioning about the cost of sending National Guard members and Marines to Los Angeles, Hegseth turned to his acting comptroller, Bryn Woollacott MacDonnell, who said it would cost $134 million. Hegseth defended Trump's decision to send the troops, saying they are needed to protect federal agents as they do their jobs. And he suggested that the use of troops in the United States will continue to expand. 'I think we're entering another phase, especially under President Trump with his focus on the homeland, where the National Guard and Reserves become a critical component of how we secure that homeland,' he said. The House Appropriations defense subcommittee hearing was the first time lawmakers have been able to challenge Trump's defense chief since he was confirmed. It is the first of three congressional hearings he will face this week. Lawmakers complained widely that Congress hasn't yet gotten details of the administration's first proposed defense budget, which Trump has said would total $1 trillion, a significant increase over the current spending level of more than $800 billion. And they said they are unhappy with the administration's efforts to go around Congress to push through changes. Key spending issues that have raised questions in recent weeks include plans to spend hundreds of millions of dollars on security upgrades to turn a Qatari jet into Air Force One and to pour as much as $45 million into a parade recently added to the Army's 250th birthday bash, which coincides with Trump's birthday Saturday. Rep. Betty McCollum, D-Minn., quizzed Hegseth on deploying about 700 active duty Marines to assist more than 4,100 National Guard troops in protecting federal buildings and personnel during immigration raid protests in Los Angeles. She got into a testy back-and-forth with him over the costs of the operation. He evaded the questions but later turned to MacDonnell, who provided the estimate and said it covers the costs of travel, housing and food. Hegseth said the 60-day deployment of troops is needed 'because we want to ensure that those rioters, looters and thugs on the other side assaulting our police officers know that we're not going anywhere." Under the Posse Comitatus Act, troops are prohibited from policing U.S. citizens on American soil. Invoking the Insurrection Act, which allows troops to do that, is incredibly rare, and it's not clear if Trump plans to do it. The commandant of the Marine Corps, Gen. Eric Smith, told lawmakers at a separate budget hearing Tuesday that the Marines who have arrived in Los Angeles have not yet been called on to respond. He said they have no arrest authority and are only there to protect federal property and federal personnel. When asked by Sen. Richard Blumenthal, a Connecticut Democrat, about the danger Marines would use lethal force that could result in injuries and deaths, Smith said he is not concerned. "I have great faith in my Marines and their junior leaders and their more senior leaders to execute the lawful tasks that they are given.' Committee members pressed Hegseth on Ukraine's surprise drone attack in early June that destroyed a large number of Russian bomber aircraft. And they questioned the administration's future funding for Kyiv. Hegseth said the strikes caught the U.S. off guard and represented significant advances in drone warfare. The attack has the Pentagon rethinking drone defenses 'so we are not vulnerable to a threat and an attack like that,' he said, adding that the department is learning from Ukraine and is focused on how to better defend its own military airfields. He acknowledged, however, that funding for Ukraine military assistance, which has been robust for the past two years, will be reduced in the upcoming defense budget. That cut means that Kyiv will receive fewer of the weapons systems that have been key to countering Russia's onslaught. 'This administration takes a very different view of that conflict," he said. 'We believe that a negotiated peaceful settlement is in the best interest of both parties and our nation's interests.' The U.S. to date has provided Ukraine more than $66 billion in military aid since Russia invaded in February 2022. The panel zeroed in on funding issues, with only a few mentions of other entanglements that have marked Hegseth's early months. They touched only briefly on his moves to fire key military leaders and purge diversity programs. And there was no discussion of his use of the Signal messaging app to discuss operational details of strikes in Yemen. Hegseth has spent vast amounts of time during his first five months in office promoting the social changes he's making at the Pentagon. He's been far less visible in the administration's more critical international security crises and negotiations involving Russia, Ukraine, Israel, Gaza and Iran. Hegseth has posted numerous videos of his morning workouts with troops or of himself signing directives to purge diversity and equity programs and online content from the military. He has boasted of removing transgender service members from the force and firing so-called woke generals, many of whom were women. He was on the international stage about a week ago, addressing an annual national security conference in Asia about threats from China. But a trip to NATO headquarters last week was quick and quiet, and he deliberately skipped a gathering of about 50 allies and partners where they discussed support for Ukraine. © Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
Japan Today
2 hours ago
- Japan Today
U.S. intel chief Gabbard denounces 'warmongers' after Hiroshima visit
US intelligence chief Tulsi Gabbard warned Tuesday after a trip to Hiroshima that "warmongers" were pushing the world to the brink of nuclear war, in an extraordinary, if veiled, pitch for diplomacy. Gabbard did not specify her concerns, but Russian President Vladimir Putin has repeatedly brandished the specter of nuclear war as he cautions Europe and the United States against support for Ukraine. Gabbard, a former congresswoman who has faced criticism in the past for her views on Russia, posted a video of grisly footage from the world's first nuclear attack and of her staring reflectively at the Hiroshima Peace Memorial. On August 6, 1945, the United States obliterated Hiroshima, killing 140,000 in the explosion and by the end of the year from the uranium bomb's effects. Three days later, a U.S. plane dropped a plutonium bomb on Nagasaki, leaving around 74,000 people dead by the end of the year. Japan surrendered on August 15. "This one bomb that caused so much destruction in Hiroshima was tiny compared to today's nuclear bombs," Gabbard said. "A single nuclear weapon today could kill millions in just minutes. "As we stand here today closer to the brink of nuclear annihilation than ever before, political elites and warmongers are carelessly fomenting fear and tensions between nuclear powers," she said. "Perhaps it's because they are confident that they will have access to nuclear shelters for themselves and for their families that regular people won't have access to." Taking a tone more customary for a politician or activist than the director of national intelligence, Gabbard said: "So it's up to us, the people, to speak up and demand an end to this madness." Gabbard's remarks come as aides to President Donald Trump voice growing frustration with Putin, who has refused U.S.-led, Ukraine-backed calls for a temporary ceasefire. U.S. Secretary of State Marco Rubio, whom Gabbard criticized before the two entered President Donald Trump's cabinet, has warned that the United States could walk away from diplomacy over the Ukraine conflict if there are no positive signs. Gabbard, a former Democrat, faced a heated confirmation hearing but ultimately prevailed after Democrats and some Republicans questioned her past statements, including some supportive of Russian positions. She has said that the European Union and Washington should have listened to Russian security concerns about Ukraine joining NATO. Gabbard's visit to Hiroshima comes ahead of the 80th anniversary of the world's only atomic bombings. The United States has never apologized for the attacks. © 2025 AFP
Japan Today
2 hours ago
- Japan Today
California governor asks court to block Trump administration from using troops in immigration raids
By JAKE OFFENHARTZ, CHRISTOPHER WEBER, LOLITA C. BALDOR and TARA COPP California Gov Gavin Newsom asked a federal court Tuesday to block the Trump administration from using the National Guard and Marines to assist with immigration raids in Los Angeles, saying the practice would only heighten tensions. Newsom filed the emergency request after President Donald Trump ordered the deployment to LA of roughly 4,000 National Guard members and 700 Marines following protests driven by anger over the president's stepped-up enforcement of immigration laws. The governor's request said it was in response to a change in orders for the Guard members, who were originally deployed to protect federal buildings. The court documents said sending troops on immigration raids would only escalate tensions and promote civil unrest. The Marines and another 2,000 National Guard troops were ordered to LA on Monday, adding to a military presence that local officials and Newsom do not want and that the police chief says makes it harder to handle the protests safely. Marine Corps Gen Eric Smith said Tuesday that the Marines deployed to the area had not yet been called to respond to the protests and were there only to protect federal officials and property. The Marines were trained for crowd control but have no arrest authority, Smith told a budget hearing on Capitol Hill. Paul Eck, deputy general counsel in the California Military Department, said the agency was informed that the Pentagon plans to direct the California National Guard to start providing support for immigration operations. That support would include holding secure perimeters around areas where raids are taking place and securing streets for immigration agents, he said in the governor's emergency request. According to U.S. officials, the California Guard members who were deployed were authorized to provide protection and secure streets and perimeters around areas where enforcement actions are taking place. The officials, who spoke on condition of anonymity to discuss military operations, said the Guard members are not participating in any of the enforcement actions, but are providing security and have already been doing some of those missions in the Los Angeles area. Trump left open the possibility of invoking the Insurrection Act, which authorizes the president to deploy military forces inside the U.S. to suppress rebellion or domestic violence or to enforce the law in certain situations. It's one of the most extreme emergency powers available to a U.S. president. 'If there's an insurrection, I would certainly invoke it. We'll see,' he said Tuesday from the Oval Office. 'But I can tell you last night was terrible, and the night before that was terrible.' Trump has described Los Angeles in dire terms that Mayor Karen Bass and Newsom say are nowhere close to the truth. While protesters blocked a major freeway and set cars on fire over the weekend, the demonstrations in the city of 4 million people have largely been centered in several blocks of downtown. On Monday, they were far less raucous, with thousands of people peacefully attending a rally at City Hall and hundreds more protesting outside a federal complex that includes a detention center where some immigrants are being held following workplace raids across the city. Los Angeles police said they made over 100 arrests Monday evening, mostly for failing to disperse the downtown area. One person was arrested for assault with a deadly weapon and two police offers were injured, the department said. Obscene slogans directed at Trump and federal law enforcement remained scrawled across several buildings. At the Walt Disney Concert Hall, workers were busy washing away graffiti Tuesday morning. In nearby Santa Ana, armored Guard vehicles blocked a road leading to federal immigration and government offices. Workers swept up plastic bottles and broken glass. Sending in the military is the latest step in the administration's immigration crackdown as Trump pursues the mass deportations he promised last year during the presidential campaign. The protests have been driven by anger over enforcement that critics say is breaking apart migrant families. Defense Secretary Pete Hegseth suggested Tuesday that the use of troops inside the U.S. will continue to expand. 'I think we're entering another phase, especially under President Trump with his focus on the homeland, where the National Guard and Reserves become a critical component of how we secure that homeland,' he said on Capitol Hill. The mayor and the governor say Trump is putting public safety at risk by adding military personnel even though police say they don't need the help. Los Angeles Police Chief Jim McDonnell said he was confident in the police department's ability to handle large-scale demonstrations and that the Marines' arrival without coordinating with the police department would present a 'significant logistical and operational challenge.' The protests began Friday after federal immigration authorities arrested more than 40 people across Los Angeles and continued over the weekend as crowds blocked a major freeway and set self-driving cars on fire. Police responded with tear gas, rubber bullets and flash-bang grenades. Demonstrations have spread to other cities nationwide, including San Francisco, as well as Dallas and Austin, Texas. Authorities in Austin said police used pepper spray balls and tear gas to disperse a crowd that threw rocks and bottles at officers Monday, injuring four. The Pentagon said deploying the National Guard and Marines costs $134 million. That figure came out Tuesday just after Hegseth engaged in a testy back-and-forth about the costs during a congressional hearing. The defense secretary defended Trump's decision to send the troops, saying they are needed to protect federal agents doing their jobs. Meanwhile, Democratic members of California's congressional delegation on Tuesday accused the president of creating a 'manufactured crisis' with his orders to send in troops. On Monday, California Attorney General Rob Bonta filed a lawsuit over the use of National Guard troops following the first deployment, seeking an order declaring Trump's use of the Guard unlawful and asking for a restraining order to halt the deployment. Trump said the city would have been 'completely obliterated' if he had not deployed the Guard. U.S. officials said the Marines were needed to protect federal buildings and personnel, including immigration agents. Despite their presence, there has been limited engagement so far between the Guard and protesters while local law enforcement implements crowd control. The deployment appeared to be the first time in decades that a state's National Guard was activated without a request from its governor, a significant escalation against those who have sought to hinder the administration's mass deportation efforts. The last time the National Guard was activated without a governor's permission was in 1965, when President Lyndon B. Johnson sent troops to protect a civil rights march in Alabama, according to the Brennan Center for Justice. Associated Press writers Dorany Pineda in Los Angeles, Amy Taxin in Orange County, California, John Seewer in Toledo, Ohio, Jim Vertuno in Austin, Texas, and Greg Bull in Seal Beach, California, contributed to this report. © Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
