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Yahoo
14 hours ago
- Politics
- Yahoo
California's National Guard lawsuit against Trump has a big problem
After President Donald Trump deployed the California National Guard into Los Angeles over the weekend against the wishes of California Gov. Gavin Newsom, the state is fighting back. Attorney General Rob Bonta announced California is suing the administration, arguing that Trump lacked the authority to federalize the National Guard in this case and was infringing on state sovereignty. Trump's decision to send in the National Guard may be morally (and politically) problematic. The difficulty facing California's lawsuit is that federal law appears to give not just President Trump, but any president, broad authority to federalize the National Guard, whether or not a governor wants him to do so. The primary legal question is whether the Trump administration had the power to federalize the National Guard against the wishes of the state's governor. The presidential memorandum Trump issued Saturday deploying the National Guard invoked a little-used federal law, 10 U.S.C. § 12406. The power that Section 12406 confers on presidents is broad but not unlimited. It gives the president the power to federalize the National Guard when there is 'a rebellion or danger of rebellion' against federal authority, or when the president cannot, using the usual mechanisms, execute federal laws. Once the National Guard arrives, however, it can only support other law enforcement officers. They can help to protect federal law enforcement officers and federal property, but they cannot, for instance, perform searches and seizures. Why such limits? Because the Posse Comitatus Act prohibits the military from acting as a domestic law enforcement agency, except in extraordinary circumstances. And Section 12406 does not suspend the protections of the Posse Comitatus Act. To invoke his authority under Section 12406, Trump concluded that, '[t]o the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States.' California has argued that there is no such rebellion. One problem for the state's lawsuit is that there is of course no settled definition of what a rebellion is. In addition, federal judges tend to defer to presidents when it comes to questions of national security. Federal judges, who are not chosen by voters, are generally wary of second-guessing the judgment of an elected president when it comes to questions of whether or not we are in danger of a rebellion. California also argues that because Section 12406 requires that orders to federalize the National Guard be issued 'through the governors,' that means that a president cannot take this action against the wishes of the state's governor. However, the plain language of the statute does not include an explicit requirement of a governor's consent. In addition, reading such a requirement into the statute would provide any state governor with veto power over a president's decision under this federal law. That hardly seems consistent with congressional intent. Finally, California argues that Trump's actions violate the 10th Amendment, which says that all powers not given to the federal government are reserved for the states and the people. But the plain terms of Section 12406 do appear to give the president the power to federalize the National Guard. The legal landscape would change significantly if the president tries to invoke his power under the Insurrection Act. If he does, the protections in the Posse Comitatus Act are suspended, and the National Guard, and other branches of the military, can act to directly enforce domestic law. We are not there yet, but if Trump takes that step, it would be a dramatic escalation of an already historic standoff between the federal government and the state. This article was originally published on
The Intercept
a day ago
- Politics
- The Intercept
Trump Deploys Marines to a 'Manufactured Crisis,' Defense Official Says
Marines are headed to Los Angeles as the Trump administration ratchets up tensions that threaten to turn largely peaceful protests there into a full-blown crisis. It's a rare and aggressive step to involve active-duty troops in civilian law enforcement activities. A defense official, speaking on the condition of anonymity for fear of retribution, called the activation of the Marines a 'provocation' designed to foster to a 'manufactured crisis.' Experts question the legality of the mobilization of the Marines. On Saturday, President Donald Trump took the already extraordinary action of calling up more than 2,000 National Guard troops to tamp down demonstrations in California. In doing so, he exercised rarely used federal powers that bypassed Gov. Gavin Newsom's authority. He followed it up two days later with an even more extreme move. While it is unclear under what authority Trump and the Defense Department did so, U.S. Northern Command activated 700 Marines from the 2nd Battalion, 7th Marines, 1st Marine Division, assigned to Twentynine Palms, California. They are being shipped out to support Task Force 51 — a deployable command post used in crisis response — 'who are protecting federal personnel and federal property in the greater Los Angeles area,' according to a statement issued by NORTHCOM. 'The level of escalation is completely unwarranted, uncalled for, and unprecedented — mobilizing the best in class branch of the U.S. military against its own citizens,' Newsom's office said in a statement. 'Military presence is not needed. The state is already working with local partners to surge 800+ additional state and local law enforcement officers into Los Angeles to clean up President Trump's mess,' Tara Gallegos, a spokesperson for Newsom, told The Intercept by email. Experts say that the introduction of the Marines further strains civil-military relations and risks violation of the Posse Comitatus Act: a bedrock 19th-century law seen as fundamental to the democratic tradition in America. The Posse Comitatus Act bars federal troops from participating in civilian law enforcement. 'This is obviously an extreme escalation that is going to pour gasoline on an already combustible situation.' 'This is obviously an extreme escalation that is going to pour gasoline on an already combustible situation,' said Elizabeth Goitein, senior director of the Brennan Center's liberty and national security program. 'It's almost inevitable that the Marines are going to be laying hands on civilians and exercising the kinds of coercive powers that would normally be illegal under the Posse Comitatus Act.' The Trump administration is attempting to justify its escalatory tactics by claiming people protesting his anti-immigration agenda constitute a rebellion or threaten to become one. The directive signed by Trump, calling up the Guard, cites '10 U.S.C. 12406,' a provision within Title 10 of the U.S. Code on Armed Services that allows the federal deployment of National Guard forces if 'there is a rebellion or danger of a rebellion against the authority of the Government of the United States.' 'Task Force 51 is now comprised of approximately 2,100 National Guard soldiers in a Title 10 status and 700 active-duty Marines,' according to NORTHCOM and have 'been trained in de-escalation, crowd control, and standing rules for the use of force.' The Marines 'have the same task and purpose as the National Guard,' said another defense official who spoke with The Intercept on the condition of anonymity in order to speak freely. 'You can think of them as an additional force to do the same thing. They just happen to be active-duty Marines. But all of the troops in total who are doing this are all activated under Title 10.' Goitein disputes that Marines can be employed under the same authority as the National Guard. 'Legally, they can't rely on the same authority. They're not in the same position legally,' she said. Title '10 U.S.C. 12406 applies to the National Guard. It doesn't apply to the active-duty armed forces.' Goitein also pointed to the cultural difference and the public perceptions that separate National Guard troops from the active-duty armed forces. 'Active-duty troops, like these Marines, are full-time professional soldiers. The National Guard, at least historically, have been citizen-soldiers who are in their communities during the week and training on weekends,' she told The Intercept. 'For Californians, Los Angelenos, who are facing these Marines, it feels different and to some degree it is different.' A few hundred of the 2,000 National Guard troops called up to serve in Los Angeles are already in the city as federal agents and people protesting immigration raids faced off for a fourth day on Monday. Protests, as of the afternoon, were largely orderly and peaceful. 'Mobilizing Marines against their neighbors is a profoundly dangerous escalation. This deployment is plainly illegal, and it points to the reason why we have laws against these deployments in the first place,' Sara Haghdoosti, the executive director of Win Without War, told The Intercept. 'Not only is it an authoritarian power grab, it also threatens the physical health of people exercising their constitutional rights to protest and to the moral health of Marines now ordered to suppress those rights.'
Axios
2 days ago
- Politics
- Axios
National Guard in LA: What they can do after Trump called them in to quell protests
Amid days of fiery protests against federal immigration enforcement in Los Angeles, President Trump signed an order deploying the National Guard — despite objection from the state's Democratic leaders. The big picture: Trump's Saturday memorandum called up 2,000 National Guard troops for 60 days, but it stopped short of a possibly more dramatic escalation: invoking the Insurrection Act. Context: The demonstrations again have pitted Trump against Governor Gavin Newsom (D), one of the president's top foes who has called the deployment of troops in the LA area "unlawful" and "a serious breach of state sovereignty." Newsom said that the state would sue the Trump administration over its deployment of the National Guard, calling it an "unconstitutional act" in an interview with MSNBC. As of Sunday, dozens of people had been arrested amid the unrest that was becoming "increasingly worse and more violent," LAPD officials said. What did Trump's National Guard memorandum do? Trump's presidential memorandum federalizing troops cited 10 U.S.C. 12406, a provision that allows the president to call members of a state's National Guard whenever, among other situations, there a "a rebellion" or "the President is unable with the regular forces to execute the laws of the United States." The White House's memorandum said that to the extent that protests "directly inhibit the execution of the laws," they constitute a rebellion. It marks the first time in some six decades, dating back to the civil rights movement, that the president has activated a state's National Guard without the state's governor requesting it, the Brennan Center for Justice's Elizabeth Goitein told The New York Times. Around 300 members of the California Army National Guard's 79th Infantry Brigade Combat Team had deployed throughout the greater LA area as of Sunday. Zoom in: The president tasked units with temporarily protecting ICE and other personnel performing "[f[ederal functions" and to protect federal property. He also authorized Hegseth to use regular troops "as necessary" to augment the protection of federal functions and property. Between the lines: Steve Vladeck, a law professor at the Georgetown University Law Center, wrote in his analysis of Trump's memorandum that the National Guard will have limited enforcement capabilities and will not be able to engage in ordinary law enforcement activity. "[T]his provision provides no additional substantive authority that the federal government did not already possess," he wrote, pointing to a law that bars federal troops from engaging in civilian law enforcement except when authorized. What is The Posse Comitatus Act? The Posse Comitatus Act, which is more than 140 years old, was originally passed to ensure the federal military wouldn't be used to intervene in establishing Jim Crow after Reconstruction, per the Brennan Center. A "posse comitatus" in American law is a group of people mobilized by a sheriff to stifle lawlessness and means"the power of the county." In practice, it means federal military personnel can't participate in civilian law enforcement — though there are statutory exceptions, according to the Brennan Center. When Guard members are called into federal service, they become part of the federal armed forces and are thereby covered by the Act. Will Trump invoke the Insurrection Act? The Insurrection Act provides the primary exception to the Posse Comitatus Act, allowing the president to deploy military members for civilian law enforcement. According to the Brennan Center, there are three sections of the Act covering different situations in which troops can be deployed — two of which do not require a request from the affected state and permit deployment even against the state's wishes. Flashback: The Act has been invoked at several points in American history, most recently in 1992. In that case, President George H.W. Bush responded to a request for aid from California officials amid civil unrest prompted by the acquittal of four white police officers who were filmed beating a Black motorist Rodney King. What he's saying: Trump in his first term flirted with the idea of using the U.S. military for domestic law enforcement and to crush protests. And ahead of his second term, he seemingly continued to lean in. Trump said he would deploy U.S. military "if a city or state refuses to take the actions necessary to defend the life and property of their residents" during nationwide protests in 2020 sparked by the murder of George Floyd. What we're watching: U.S. Northern Command said in a Sunday statement some 500 Marines are also prepared to deploy if necessary, a move Defense Secretary Pete Hegseth previously floated.
Yahoo
2 days ago
- Politics
- Yahoo
Unlawful assembly declared in downtown LA as protests escalate
Protests against immigration raids in Los Angeles escalated on Sunday as US President Donald Trump called to "bring in the troops". Rising unrest saw a major freeway blocked and a row of self-driving cars set on fire as law enforcement used tear gas, rubber bullets and flash bangs to control the crowd. Police called downtown LA an "unlawful assembly" area at 23:15 local time on Sunday (07:15 BST on Monday) after three days of protests and dozens of arrests. Demonstrations began outside the Federal Building, in downtown LA, on Friday after it emerged Immigration Customs Enforcement (ICE) officers were carrying out raids across the city. California Governor Gavin Newsom, along with the LA mayor Karen Bass, said in separate comments on Saturday that they believed local police could handle the protests. But on Saturday night, after two days of clashes between demonstrators and immigration authorities, Trump went against Newsom's wishes and ordered the deployment of 2,000 National Guard. On Sunday morning, the first group of troops began arriving in the city, staging outside a detention centre where illegal immigrants are taken once detained. Newsom called Trump's decision to deploy soldiers "illegal" and "immoral" and threatened to sue the administration. "Donald Trump has created the conditions you see on your TV tonight... he's putting fuel on this fire," he said in an interview with MSNBC on Sunday evening as tensions flared. "[It's] an unconstitutional act, and we're going to test that theory with a lawsuit tomorrow," Newsom added. Typically, a state's National Guard force is activated at the request of the governor. In this case, Trump has circumvented that step by invoking a specific provision of the US Code of Armed Services titled 10 U.S.C. 12406, which lists three circumstances under which the president can "federalise" the National Guard. Pockets of the city were thrown into chaos on Sunday night, with repeated bangs heard as police faced off with protesters. Many of those involved were carrying Mexican flags or signs deriding federal immigration authorities, who arrested 118 unauthorised immigrants across LA on Friday - according to CBS, which cited information from ICE. Follow live coverage of the protests Everything we know about what's happened in LA How LA erupted over rumours of immigration raid at a hardware store British photographer injured by 'plastic bullet' in LA protests Trump's intervention in LA is a political fight he is eager to have A row of self-driving Waymo vehicles - that serve as taxis in LA - had their tyres slashed, windows smashed and exteriors spray painted before they were torched by protesters. Multiple patrol vehicles blocking a highway were damaged when protesters hurled objects - including E-scooters - at them. Fires were started across the city as protesters lit large fireworks. Several businesses reported looting late in the night, the Los Angeles Police Department (LAPD) said. Many downtown streets were littered with debris, glass, cinder blocks and burn marks. Buildings were covered in new graffiti, much of which contained graphic language against immigration enforcement. In one particularly chaotic scene, a van driving erratically veered into a large group of protesters and appeared to hit several people. The driver, who was shirtless, was later arrested and police said he would face multiple charges. The same day, an Australian news reporter was filmed being struck by what appeared to be a rubber bullet fired by law enforcement. And a British photographer underwent emergency surgery after being struck in the leg by another non-lethal bullet. The BBC has asked the LAPD for comment. Police said they made 27 arrests, on top of the 29 on Saturday. Separately, at least 60 people were taken in at related protests in San Francisco. On his Truth Social platform on Sunday, Trump called for an end to the protests. In one post, he wrote: "Looking really bad in L.A. BRING IN THE TROOPS!!!" It is unclear which troops Trump was referring to as National Guard soldiers have already arrived, following his instruction. On Saturday evening, Defence Secretary Pete Hegseth threatened to activate the US Marine Corps if protests persisted. He posted on X: "Under President Trump, violence & destruction against federal agents & federal facilities will NOT be tolerated. It's COMMON SENSE. The @DeptofDefense is mobilizing the National Guard IMMEDIATELY to support federal law enforcement in Los Angeles. And, if violence continues, active duty Marines at Camp Pendleton will also be mobilized - they are on high alert." Jose Barrera, the national vice president of the League of United Latin American citizens (LULAC), told BBC Radio 4's Today programme that the White House wanted "to create civic unrest" in LA. Barrera said there was "no need" for Trump to deploy the National Guard when there are 17,000 police personnel in the city. He says deploying the troops "increases tensions" and confrontation, which set a "dangerous precedent". In a statement, the White House said that Trump "rightfully stepped in to restore law and order because of Gavin Newsom's feckless leadership and his refusal to stop the violent attacks on American law enforcement".
Newsweek
3 days ago
- Politics
- Newsweek
National Guard on Scene Following Los Angeles Protests: Police
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The Los Angeles Police Department's (LAPD) Central Division reported on Sunday that the National Guard is in the city and has set up at federal buildings, including the Civic Center area, according to a post on X, formerly Twitter. Why It Matters The Trump administration has pledged to carry out the largest mass deportation in U.S. history and has conducted numerous Immigration and Customs Enforcement (ICE) raids, some of which have swept up individuals with proper documentation. President Donald Trump announced on Saturday evening that he had authorized the mobilization of 2,000 National Guard troops to Los Angeles after reported violence against law enforcement, specifically, ICE agents carrying out deportation raids in the city. While the raids are following legal directive from federal authorities, protests have amid reports that detainees were being held in the basement of a federal building. ICE denied these allegations, with a spokesperson previously telling Newsweek the agency "categorically refutes the assertions made by immigration activists in Los Angeles." The raids in Paramount, Los Angeles County, followed similar action in locations through other parts of the city on Friday, during which police arrested at least 44 people. Some protesters have thrown rocks at officers, with one allegedly throwing a Molotov cocktail, and burning items in the streets. Police responded with tear gas. The clashes highlight deepening conflicts between sanctuary jurisdictions and federal immigration policy, as Trump has implemented sweeping changes through executive orders and utilized the wartime Alien Enemies Act of 1798 to expand deportation authority. National Guard troops stand outside the Metropolitan Detention Center on June 8 in Los Angeles. National Guard troops stand outside the Metropolitan Detention Center on June 8 in Los To Know Trump announced that he had mobilized the National Guard on Saturday night, citing 10 U.S.C. 12406, a specific provision within Title 10 of the U.S. Code on Armed Services that allows the federal deployment of National Guard forces if "there is a rebellion or danger of a rebellion against the authority of the Government of the United States." Trump wrote in his order: "Numerous incidents of violence and disorder have recently occurred and threaten to continue in response to the enforcement of Federal law by U.S. Immigration and Customs Enforcement (ICE) and other United States Government personnel who are performing Federal functions and supporting the faithful execution of Federal immigration laws. In addition, violent protests threaten the security of and significant damage to Federal immigration detention facilities and other Federal property." The order continued: "To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States." Despite mobilizing the National Guard on Saturday evening, troops did not arrive until Sunday morning, well after the protests had ended for the day. LAPD Central Division on Sunday wrote on X that the National Guard had been deployed to federal facilities, stressing that "everyone has the right to peacefully assemble and voice their opinions. However, vandalizing property and attempting to seriously injure officers, whether Federal or LAPD, is not peaceful." "Officers are deployed and monitoring activities in the Civic Center area," the police added. Good Morning DTLA‼️ National Guard has been deployed to Federal Facilities. Everyone has the right to peacefully assemble and voice their opinions. However, vandalizing property and attempting to seriously injure officers, whether Federal or LAPD, is not peaceful.… — LAPD Central Division (@LAPDCentral) June 8, 2025 What People Are Saying Border czar Tom Homan on Fox News on Saturday said: "We're already mobilizing. We're gonna bring the National Guard in tonight and we're gonna continue doing our job. This is about enforcing the law." He added: "American people, this is about enforcing the law, and again, we're not going to apologize for doing it." California Governor Gavin Newsom on X following Trump's National Guard announcement: "The federal government is moving to take over the California National Guard and deploy 2,000 soldiers. That move is purposefully inflammatory and will only escalate tensions. LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need." He added: "The Guard has been admirably serving LA throughout recovery. This is the wrong mission and will erode public trust." President Donald Trump on Truth Social wrote on Saturday: "If Governor Gavin Newscum, of California, and Mayor Karen Bass, of Los Angeles, can't do their jobs, which everyone knows they can't, then the Federal Government will step in and solve the problem, RIOTS & LOOTERS, the way it should be solved!!!" What Happens Next? Protesters have gathered for a third day as law enforcement continues to ramp up its operations.
