2 days ago
Expert weighs in on military deployment to Los Angeles protests
LANSING, Mich. (WLNS) – As protests continue against the Trump administration's immigration crackdown, Michigan experts and officials are speaking their minds.
Protests started in Los Angeles on Friday, and since then, President Trump has ordered thousands of National Guard members and Marines to deploy in the area. 6 News spoke with a local Homeland Security and National Guard expert about his thoughts on the situation.
Retired Brigadier General and Cooley Law Professor Emeritus Michael McDaniel told 6 News he's surprised at how small the protests are compared to the heavy military response. McDaniel says the current LA protests and riots are 'nowhere near' the that occurred after the Rodney King verdict.
In that instance, the governor did request President George H.W. Bush to send troops, and Bush invoked the Insurrection Act. This is the most recent time the Insurrection Act has been used by a U.S. president.
McDaniel rose through the ranks of the Michigan National Guard for nearly three decades and taught Domestic Operations Law and Constitutional Law at Cooley Law School. He explains that the president does have the ability to use military force domestically through the Insurrection Act—however, he says President Trump has not invoked the act, and neither the California governor nor the state legislature has requested the deployment of troops—which McDaniel says is required before the federal government intervenes.
'[President Trump] is, in essence, using military forces for the sole purpose of protecting a federal building,' said McDaniel. 'The military has to be apolitical, neutral. They cannot be engaged in that.'
McDaniel says the ability to engage and deter criminal activity is first and foremost with the states, and the federal government should stay out of it.
'[The military] cannot do law enforcement,' said McDaniel. 'And if they do, they are acting unlawfully. Maybe the president has immunity under the Supreme Court ruling, but the military leaders do not…and they would be following, I believe, an unlawful order which is contrary to the Uniform Code of Military Justice.'
McDaniel says he believes President Trump is acting unconstitutionally in this situation. Furthermore, McDaniel does not believe there's any need for federal troops to be involved.
'It suggests that the president, the current president, sees the military as an instrument that he can use to quash political speech,' said McDaniel.
McDaniel also says that although the current issues are in California, the implications are far-reaching and can affect anyone.
'Protests are covered under the First Amendment,' said McDaniel. 'If…the White House decides to use military force to stifle First Amendment debate, political debate, political speech—which goes to the core of our Constitution and our system of government—none of us are safe from an authoritarian state. I'm stating that awfully strongly, but I believe it strongly, that you have to allow types of protests. You cannot have the federal government step in.'
Representative Josh Schriver (R-Oxford) was scheduled to hold a press conference Wednesday, urging local governments to cooperate with the U.S. Immigration and Customs Enforcement (ICE) and put a stop to 'lawless violence'. 6 News planned to attend that conference, but it was rescheduled to Thursday. 6 News will keep you updated as we learn more.
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