The Trump administration announced on Saturday that National Guard forces were being sent to Los Angeles. Gov. Gavin Newsom said he opposed. President Trump uses the forces he rarely calls to activate security guards.
In a memo from the Defense and Homeland Security, Trump said he is calling on the National Guard for federal service under a provision called Title 10, “Temporarily protecting ice and other U.S. government officials performing federal functions.”
What is Title 10?
Title 10 stipulates the revitalization of the National Guard for the Federal Army. Such Title 10 orders can be used to deploy members of National Guards in the United States or overseas.
“It’s really cold to overthrow the protests to take over the California State Guard without the governor’s request,” said Irwin Kemelinsky, one of the nation’s leading constitutional jurists.
“It’s using military forces within the country to stop opposition,” said Chemerinsky, dean of the UC Berkeley Law School. “It certainly sends a message about how this administration will respond to the protests. It’s extremely frightening to see this complete.”
Trump administration’s “border emperor” Tom Homan announced plans to send the National Guard in a Fox News interview on Saturday as protesters continued to confront immigration agents during the attack.
“This is about enforcing the law,” Homan said. “We’re not going to apologise for doing that. We’re stepping up.”
“We’re already ahead of the game. We were already mobilised,” he added. “We’re going to take the National Guard tonight. We’ll continue our work. We’re going to push these people back.”
Newsom criticized the federal lawsuit, saying that local law enforcement has already been mobilized and sending the troops was “deliberately inflammatory” and “just escalate tensions.”
The governor called the president and they spoke for about 40 minutes, according to the governor’s office.
Other rarely used forces
Critics raised concerns that Trump might invoke the Rebellion Act of 1807 to try to revitalize the military as part of his campaign to deport large numbers of undocumented immigrants.
The President has the power to federalize the state’s National Guard units to the federal government, and suppress the National Guard units to be deprived of constitutional rights by some of the nation’s residents who “impose the enforcement of the law” and “impose the enforcement of the law” in order to suppress the constitutional rights of “impossible” by national authorities who are unable or unwilling to protect those rights.”
The American Civil Liberties Union warns Trump’s use of domestic military forces is misguided and dangerous.
According to the ACLU, the National Guard’s Title 10 revitalization is historically rare, and Congress prohibits the provision of “direct support” to civil law enforcement agencies under the law.
However, the Rebellion Act is considered an exception to the prohibition under the Posse Comitatus Act.
In 1958, President Eisenhower enacted a Supreme Court decision to end racism in schools and called the Rebellion Act to deploy the military to Arkansas to protect black students from violent mobs.
Hina Shamsi, director of the ACLU’s national security project, wrote in a recent article that “if Trump evokes rebels to stimulate federal forces for massive deportation, whether at the border or elsewhere in the country, it’s unprecedented, unnecessary and wrong.”
Chemerinsky summoned the riot law and said nationalizing the state’s National Guard was reserved due to extreme circumstances where there was no other option to maintain peace.
Chemerinsky said he feared that in this case the Trump administration would “send a message to protesters who are willing to use federal forces to quell the protest.”
In 1992, California Governor Pete Wilson called for the National Guard to use the National Guard to quell unrest in Los Angeles after President George HW Bush was acquitted by police officers in the assault of Rodney King. It was under another provision in federal law that allowed the president to use military force in the United States. If the governor or legislature requests it, the provisions apply.
California political editor Phil Willne contributed to this report.
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