The Trump administration announced Saturday that the National Guard was sent to Los Angeles – Operation Gavin Newsom said he opposed it. President Trump activates the guards by using powers that are rarely called.
In a memo to the Department of Defense and Homeland Security, Trump said he was summoning the National Guard to the federal government under a rule called 10 to “temporarily protect ICE and other U.S. government personnel who perform federal functions.”
What is Title 10?
Title 10 Regulations activate the National Guard to serve the federal forces. Such Title 10 Order Can be used to deploy National Guard members in the United States or outside the country.
“It's really chilling to protest without being asked by the governor,” said Erwin Chemerinsky, one of the leading U.S. constitutional scholars.
“It is using military at home to stop dissent,” said Chemerinsky, dean of the UC Berkeley Law School. “Of course, it conveys a message about how the administration will respond to the protests. It's very scary to see that.”
Tom Homan, the Trump administration's “Border Tsar” announced plans to send national guards in an interview with Fox News on Saturday Continue to face immigration agents In the raid.
“It's about enforcing the law,” Homan said. “We won't apologize for it. We are stepping up.”
“We are already ahead of the game. We have mobilized,” he added. “We are going to take the National Guard tonight. We will continue to do our job. We will back down these guys.”
Newsom criticized the federal action, saying local law enforcement has been mobilized and that dispatching troops is a “purposely inflammatory” move and that “only escalates tensions.”
The governor called the president and they spoke for about 40 minutes, the governor's office said.
Other seldom used
Critics raised concerns that Trump might also try to invoke the 1807 Uprising Act to activate troops as part of his campaign to expel a large number of undocumented immigrants.
The President has the powers provided for in the Uprising Act to suppress “any insurgency, domestic violence, illegal combination or conspiracy” with the National Guard troops of the federal states, “and thus hinder the enforcement of the law” so that any part of the state deprives the constitutional rights and the state government of the state that cannot protect that right and the state government.
The American Civil Liberties Union warns that Trump's use of military at home will be misleading and dangerous.
According to the ACLU, the 10th National Guard activation has Rare in history Congress prohibits the provision of “direct assistance” to civilian law enforcement by forces deployed under the law – under separate provisions under Title 10 and the Posse Comitatus Act.
However, the Rebellion Act is considered an exception prohibited under the POSSE COMITATUS Act.
In 1958, President Eisenhower invoked the Uprising Act to deploy troops to Arkansas to enforce the Supreme Court’s decision to terminate apartheid in schools and defend black students.
ACLU National Security Program Director Hina Shamsi in a recent article If Trump is to invoke the Uprising Act, “activate federal forces for mass deportation (whether at the border or elsewhere in the country), it would be unprecedented, unnecessary and wrong.”
Chemerinsky said that invoking the Rebellion Act and nationalizing the National Guard into an extreme situation, in which case there is no other option to maintain peace.
Chemerinsky said he was concerned that in this case, the Trump administration was seeking “to send protesters information about the federal government’s use of federal troops to quell the protest.”
In 1992, California Gov. Pete Wilson asked President George HW Bush to use the National Guard to calm unrest in Los Angeles after police beat Rodney King for not guilty. This is under different provisions of federal law that allow the president to use military power in the United States. This provision applies if required by the governor or the legislature.
California political editor Phil Willon contributed to the report.
