The Trump administration announced on Saturday that the National Guard troops were being sent to Los Angeles, a Gavin Newsom action governor said he opposed. President Trump is activating the guard through the use of powers that have been rarely invoked.
Trump said in a memorandum the National Defense and Security departments that was calling the National Guard to the Federal Service under a disposition called Title 10 to “temporarily protect the ICE and other staff of the United States government who performs federal functions.”
What is title 10?
Title 10 Set to activate National Guard troops for Federal Service. Such Title 10 orders It can be used to display members of the National Guard in the United States or abroad.
Erwin Chemendnsky, one of the main constitutional law academics of the nation, said that “for the federal government to take over the California National Guard, without the governor’s request, which reduces the protests is really chilling.”
“He is using the military nationwide to stop the dissent,” said Chemerinsky, dean of the UC Berkeley Law Faculty. “He certainly sends a message on how this administration will respond to protests. It is very scary to see this done.”
Tom Homan, the “border tsar” of the Trump administration, announced the plan to send to the National Guard in an interview on Saturday in Fox News as protesters He continued to confront immigration agents Duration raids.
“It’s about enforcing the law,” said Homan. “We are not going to apologize for doing so. We are taking a step forward.”
“We are already ahead of the game. We were already mobilizing,” he added. “We are going to bring the National Guard tonight. We will continue doing our job. We are going to go back to these people.”
Newsom criticized the federal action, saying that the Local Police was already mobilized and that the sending of troops was a movement that was “inflammatory” and “only increased tensions.”
The governor called the president and spoke for approximately 40 minutes, according to the governor’s office.
Other rarely used powers
Critics have raised groups that Trump could also try to invoke the insurrection law of 1807 to activate troops as part of their campaign to deport a large number of undocumented immigrants.
El Presidente tiene la autoridad bajo la Ley de Insurrección para federalizar a las unidades de la Guardia Nacional para suprimir “cualquier insurrección, violencia doméstica, combinación ilegal o conspiración” que “así obstaculice la ejecución de la ley” que del Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de Estado de State of the State of State for the State of State for the State of State for the State of Electric State of State of Electric State Electric State of the State of Electric State State of State of Electrical State Electrical Electric State of the State of Electric State of the State of Electrical State of the State of Electrical State of Electronic State. of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state that left. The correct and state authorities cannot or may not want to protect that right.
The American Union of Civil Liberties warned that the use of Trump of the Military Domestic would be wrong and dangerous.
According to ACLU, the activation of title 10 of the National Guard troops has Strange historical leg And Congress has prohibited troops deployed under the law to provide “direct assistance” to the application of civil law, under a separate provision of title 10 and the POSSE Commitatus Law.
However, the insurrection law is considered an exception to prohibitions under the POSSE commitatus law.
In 1958, President Eisenhower invoked the insurrection law to display troops in Arkansas to enforce the decision of the Supreme Court that ends racial segregation in schools and to defend black students against a violent crowd.
Hina Shamsi, director of the National Security Project, wrote in a recent article That if Trump invoked the insurrection law “to activate federalized troops for mass deportation, either at the border or another place in the country, it would be unnecessary, unnecessary and incorrect.”
Chemerinsky said that invoking the law of insurrection and the nationalization of the National Guard of a State has been reserved for extreme circumstances in which there are no other alternatives to maintain peace.
Chemerinsky said that in this case the Trump administration was looking to “send a message to the protesters of the Federal Government to use federal troops to quell the protests.”
In 1992, the governor of California, Pete Wilson, requested that President George Hw Bush use the National Guard to quell the disturbances in Los Angeles after police officers were acquired by the beating of Rodney King. That was under a different provision of federal law that allows the president to use military force in the United States. That provision applies if a state governor or legislature requests it.
The California policy editor, Phil Willon, contributed to this report.
