Latest news with #Title10
Miami Herald
44 minutes ago
- Politics
- Miami Herald
Was it legal for Trump to send the National Guard to LA during protests?
President Donald Trump's decision to overrule California's governor and send National Guard troops and now active-duty Marines to Los Angeles amid protests over immigration sweeps is a 'highly unusual' move that could be considered legal under some readings of the law and questioned under others, experts said Monday. The deployment could also lead to unintended consequences, including the possibility of additional violence between guard members and the public, experts said. 'It is unclear that the president has the authority to nationalize the California National Guard in these circumstances,' said Erwin Chemerinsky, a constitutional scholar and dean of the law school at UC Berkeley. Such a move could violate the 10th Amendment of the U.S. Constitution, which limits federal power over the states, he said, as well as federal law that requires a bona fide rebellion or other limited circumstances before such troops can be used domestically. 'It's highly unusual for the president to nationalize the National Guard,' said Leslie Gielow Jacobs, a professor of constitutional law at the University of the Pacific's McGeorge School of Law in Sacramento. The laws governing such deployments are open to interpretation, Jacobs said, and courts may be reluctant to step in to undo the president's actions, Jacobs said. Trump administration officials ordered up to 2,000 National Guard members to deploy to the nation's second-largest city over the weekend, as protests grew over unannounced raids by U.S. Immigration and Customs Enforcement officers targeting day laborers at a Home Depot and workers in the city's garment district, among others. Both moves came over the objections of California officials led by Gov. Gavin Newsom. On Monday, Attorney General Rob Bonta announced the state would file suit, asking a judge to block Trump's order for up to 60 days. On Monday, Defense Department officials said an additional 700 Marines stationed at Twentynine Palms would also be deployed. Activated under a different set of laws, the active duty personnel would be used to protect federal buildings as well. The first group of 300 troops arrived on Sunday from San Diego, engaging in roles involving the protection of federal property and personnel, the military's U.S. Northern Command said. In activating the Guard, Trump pointed to a provision of the law governing the use of the military, Title 10, that authorizes him to do so under certain circumstances, when there is an invasion, a rebellion, or the president is unable to enforce the laws of the United States. The same law, however, says such orders 'shall be issued through the governors of the states.' But far from ordering such a deployment, California Gov. Gavin Newsom actively opposed it, and on Monday said he would file a lawsuit against the president's action. 'Donald Trump is creating fear and terror by failing to adhere to the U.S. Constitution and overstepping his authority. This is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic,' Newsom said in a press release. The order, he said, violates the 10th Amendment, which defines the separation of powers between the states and the federal government. Jacobs said that cogent legal arguments could be made on both sides of the question of the president's power in this situation, and that ultimately judges would have to weigh federal laws that do allow the president to mobilize the National Guard against other provisions in the law that limit what troops can do and imply involvement in most cases from the state's governor. The Posse Comitatus Act of 1878, signed by President Rutherford B. Hayes, limits the role that federal troops can play when deployed domestically, Jacobs said, which is why the troops are performing support roles, protecting federal property and personnel, she said. 'The president can say 'I need to nationalize the National Guard,' but the National Guard is limited to doing protection activities to the other law enforcement actors,' she said. 'They can't arrest people.' But if Trump were to invoke a different law, the Insurrection Act, he would be able to deploy militia troops to enforce laws on American soil, she said. Thus far, the president has not done so. John Yoo, a constitutional law professor at UC Berkeley, said the legality of the president's decision to deploy the guard on domestic soil depends on the circumstances under which the action was made. 'In general, we don't like to use the troops in the United States at all,' Yoo said. 'But protecting the federal government is an exception.' Yoo said he is not aware of all the facts in this case, but from what he has seen in news reports and video shown on television, it does appear that federal agents and property have been attacked, and that local officials have not been able to stop it. Calling up the Guard to protect those assets and people would be legal under federal law, Yoo said. 'To me it seems justified in a measured way,' he said. 'If things get under control then the deployment should end pretty quickly.' Whether or not the deployment is found legal by the courts, sending National Guard troops to a domestic situation can have unintended — and sometimes lethal — consequences, said William Deverell, a historian at USC. Among the most dramatic examples is the killing of four college students who were protesting the Vietnam War at Kent State University in Ohio in 1970, Deverell said. 'Things went horribly and tragically awry when those guardsmen turned and fired with live ammunition,' Deverell said. 'They were on the move away from the protesters and then turned and fired on them.' In another case, the National Guard was activated by California's then-Gov. Henry Markham during the 1894 Southern Pacific Railway strike in Sacramento, Deverell said. But the guardsmen, who all came from the Sacramento area, ended up siding with the strikers, Deverell said, some even leaving their posts to drink lemonade with them. Angelenos welcomed guard troops when they helped protect people and property during the recent fires that destroyed the communities of Altadena and Pacific Palisades, he said. But they are less likely to respond positively to troops sent without the governor's approval to police their streets during protests. 'If you put the guard into this kind of turmoil and chaos do you stretch the allegiance of the public and their good faith in this regard? I bet you do,' he said.
Straits Times
3 hours ago
- Politics
- Straits Times
Explainer: Does US law allow Trump to send troops to quell protests?
California sued the Trump administration on June 9 to end the 'unlawful' deployment of troops in Los Angeles County. PHOTO: REUTERS Explainer: Does US law allow Trump to send troops to quell protests? 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 US government. Defence Secretary Pete Hegseth on June 9 mobilised 700 active duty Marines as part of the government's response to the protests. California sued the Trump administration on June 9 to end the 'unlawful' deployment of troops in Los Angeles County and return the state National Guard to California Governor Gavin Newsom's command. What laws did Trump cite to justify the deployment? Mr Trump cited Title 10 of the US Code, a federal law that outlines the role of the US Armed Forces, in his June 7 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 US 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 US 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 US Immigration and Customs Enforcement who are carrying out arrests. What does California's lawsuit say? California National Guard troops and police officers stand guard as people attend a rally against federal immigration sweeps in Los Angeles on June 9. PHOTO: REUTERS California's lawsuit said the deployment of troops in the state without the governor's consent violates federal law and the US 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 US laws in the state. Mr 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 Mr 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 organisations cast doubt on Mr Trump's use of Title 10 in response to the immigration protests and called it inflammatory and reckless, especially without Governor 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 Governor 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 Governor 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 US military troops? Mr 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 J.D. 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 US 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. Protesters clash with law enforcement in the streets surrounding the federal building in Los Angeles on June 8. PHOTO: AFP 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? Mr 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 Mr 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 Defence Department said on June 9 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. REUTERS Join ST's Telegram channel and get the latest breaking news delivered to you.
Yahoo
4 hours ago
- Politics
- Yahoo
California AG sues Trump after sovereignty 'trampled' by National Guard
The Brief California AG sued the Trump administration twice on Monday, bringing the total number of lawsuits to 22. AG Rob Bonta said the first suit is because President Trump "trampled" the sovereignty of Calif. by sending in the National Guard. The second suit involves "unlawfully imposing" immigration enforcement requirements on federal grants. SACRAMENTO, Calif. - California Attorney General Rob Bonta on Monday sued the Trump administration in two separate lawsuits, after he said the state's sovereignty was "trampled" when the president ordered National Guard troops to the immigration protests in Los Angeles. This marks 22 lawsuits the state of California has filed against the Trump administration to date. The first suit comes after Trump called for Gov. Gavin Newsom's arrest, after Newsom objected to the president sendng in the federalized National Guard being deployed to LA to quell anti-ICE protests over the weekend which "needlessly escalated chaos and violence." Bonta said the lawsuit, which names President Trump, Defense Secretary Pete Hegseth, and the Department of Defense, outlines why the takeover violates the U.S. Constitution and exceeds the president's Title 10 authority, not only because the takeover occurred without the consent or input of the governor, as federal law requires, but also because it was unwarranted. "Let me be clear: There is no invasion. There is no rebellion," Bonta said. "The president is trying to manufacture chaos and crisis on the ground for his own political ends. Federalizing the California National Guard is an abuse of the President's authority under the law– and not one we take lightly. We're asking a court to put a stop to the unlawful, unprecedented order." Under the California Constitution, Bonta said that Newsom is the commander-in-chief of the California National Guard. Bonta also named a second lawsuit against the Trump administration, where he was joined by attorneys general in Illinois, New Jersey and Rhode Island, and in spirit with 20 attorneys general across the United States. This suit involves what Bonta calls Trump "unlawfully imposing immigration enforcement requirements" on billions of dollars in annual U.S. Department of Transportation and U.S. Department of Homeland Security grants. "The president doesn't have the authority to coerce state and local governments into using their resources for immigration enforcement," Bonta said. "This is a blatantly illegal attempt to bully states into enacting Trump's inhumane and illogical immigration agenda. Once again, Trump's actions go beyond the scope of his presidential power."
Yahoo
4 hours ago
- Politics
- Yahoo
Hundreds of Marines mobilizing to Los Angeles
Hundreds of U.S. Marines stationed at the Marine Corps Air Ground Combat Center in Twentynine Palms are being mobilized to Los Angeles. Approximately 700 Marines are being activated to respond to the Los Angeles area after anti-ICE protests grew violent Sunday night, as originally reported by CNN and later confirmed to KTLA. A senior official told Nexstar's NewsNation that 500 active-duty Marines would be deployed to L.A. to 'help protect federal agents and buildings.' A release by the Department of Defense issued after that initial report confirmed that the number of Marines being deployed was even higher, with as many as 700 being mobilized to help federal agents in L.A. 'U.S. Northern Command has activated the Marine infantry battalion that was placed in an alert status over the weekend,' the release from the U.S. Northern Command of the DoD reads. '2nd Battalion, 7th Marines, 1st Marine Division will seamlessly integrate with the Title 10 forces under Task Force 51 who are protecting federal personnel and federal property in the greater Los Angeles area.' CNN Pentagon correspondent Natasha Bertrand described the move as a 'significant escalation of the president's use of the military as a show of force against these protesters.' Bertrand said it's unclear what role the Marines will serve when they arrive in L.A. 'The rules of engagement, we are told, are still being finalized. The Department of Defense lawyers are looking at the kind of rules of engagement these Marines will have as they encounter protesters possibly on the streets of Los Angeles,' Bertrand said. The decision to deploy Marines to L.A. comes as city and state leaders have repeatedly pushed back on the federal government exerting force and assuming administrative control over military operations in the city without consulting them. Both California Gov. Gavin Newsom and Los Angeles Mayor Karen Bass have called the deployment of the National Guard into the city as an unnecessary escalation and an act of political theater. Bass held a press conference Sunday night in which she blamed President Donal Trump for needlessly increasing tensions in the city, as demonstrators took to the street to protest immigration enforcement operations taking place at various locations in Los Angeles. 'What we're seeing in Los Angeles is chaos that is provoked by the administration,' Bass said in the Sunday press conference. 'This is about another agenda, this isn't about public safety.' On Monday, Newsom's Office filed a lawsuit against the Trump administration seeking the return of command for the California National Guard back to the governor. Also on Monday, Trump voiced his support for the California governor to be arrested, although on what charges were not immediately clear. 'I think his primary crime is running for governor, because he's done such a bad job,' Trump told reporters Monday afternoon in Washington, D.C. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
5 hours ago
- Politics
- Yahoo
Amid protests, what officials say about rules of force for National Guard, Marines
The Marines and the National Guard personnel deployed amid the protests in to Los Angeles will operate under the same rules of force and will not be engaging crowds, according to two U.S. officials. That means they are tasked with protecting federal buildings and federal personnel only -- they will not patrol U.S. streets or try to detain protesters to assist police, the officials said. MORE: LA immigration protests live updates: 700 Marines deployed to Los Angeles While all the troops are carrying weapons, their guns will not have ammunition loaded in the chamber, officials said, but will carry ammunition as part of their regular uniforms that can be used in the rare case of needed self-defense. MORE: What is the Insurrection Act, and what happens if Trump uses it to quell LA protests? They will not use rubber bullets or pepper spray, either, they said. The officials noted these rules would change if President Donald Trump invokes the Insurrection Act, which he has not done. MORE: Trump escalates fight with Newsom with arrest threat over LA protests The rules of force the personnel are operating under call for them to de-escalate any incidents as much as possible. The Marines and Guard troops being sent to Los Angeles are being led by Army Maj. Gen. Scott Sherman, who is deputy commander of U.S. Army North, officials said. In total, there are 2,800 troops operating under Title 10 status: 2,100 of them National Guard soldiers and 700 active-duty Marines. Title 10 of the U.S. Code contains a provision that allows the president to call on federal service members when there "is a rebellion or danger of rebellion against the authority of the Government of the United States" or when "the President is unable with the regular forces to execute the laws of the United States." The deployment of the 700 Marines was to ensure "adequate numbers of forces to provide continuous coverage" of the area, according to U.S. Northern Command. The deployed force is known as "Task Force 51" and officials insist the troops have been trained in de-escalation, crowd control, and standing rules for the use of force.
