Trump Defends Sending National Guard to Los Angeles After Newsom Files Lawsuit
Well, it’s California. I bet a judge will side with Newsom.
President Donald Trump defended sending the National Guard to Los Angeles to help federal law enforcement during the riots after Gov. Gavin Newsom sued him.
Trump wrote on Truth Social:
If I didn’t “SEND IN THE TROOPS” to Los Angeles the last three nights, that once beautiful and great City would be burning to the ground right now, much like 25,000 houses burned to the ground in L.A. do to an incompetent Governor and Mayor – Incidentally, the much more difficult, time consuming, and stringent FEDERAL PERMITTING PROCESS is virtually complete on these houses, while the easy and simple City and State Permits are disastrously bungled up and WAY BEHIND SCHEDULE! They are a total mess, and will be for a long time. People want to rebuild their houses. Call your incompetent Governor and Mayor, the Federal permitting is DONE!!!
Newsom filed the lawsuit on Monday in the Northern District of California, claiming Trump violated the Constitution and acted without lawful authority when he sent in the National Guard.
(*Note – In my post yesterday, I spoke about the Insurrection Act. I mixed it up with 10 U.S.C. § 12406. I was off my game yesterday.)
OK, so, 10 U.S.C. § 12406 – U.S. Code – Unannotated Title 10. Armed Forces § 12406. National Guard in Federal service: call (emphasis mine):
Whenever–
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
What does the word shall mean in this case?
Well, in legal context, “shall” “is an imperative command, usually indicating that certain actions are mandatory, and not permissive.”
Yeah, that does not help much, does it?
Does it mean that Trump and the federal government need permission from the governor?
Or does it mean that Trump and the federal government need to notify the state of their intentions to take such action?
Also, can Newsom read (maybe he had an off day like me LOL)? Trump’s order stated the National Guard is in Los Angeles “to temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations.”
The whole point is to protect federal agents and property. The National Guard members do not act like or work alongside local law enforcement.
These rioters targeted federal agents.
Newsom mentioned that Trump directed Secretary of Defense Pete Hegseth “to coordinate with the Governors of the States and the National Guard Bureau in identifying and ordering into Federal service the appropriate members and units of the National Guard under this authority.”
I don’t know if that portion will carry any weight in the lawsuit, even though Hegseth ordered 2,000 more National Guard members to Los Angeles.
Either way, honestly…it’s California and I bet a judge will take Newsom’s side and issue injunctive relief, stopping the Trump administration from deploying more National Guard and military members.
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the good people need protection from the left
Especially from incompetent Gov Hair gel. He is virtue signaling on an 80/20 losing issue and will lose in court. He is done running for anything else
Didn’t he send the cops after parents that didn’t mask a 2 year old?
so when the ca residents file to conceal carry and the unconstitutional question is asked:
and for what purpose do you need this so called self protection?
the answer is even more evident now as you role the video of the lefty in their natural environment attacking
That question is no longer being asked. Not since SCOTUS said they couldn’t ask it.
Greasy and vile Newsolini is a total fool.
He was presented with a truly golden opportunity to create a “Sister Souljah” moment and burnish his admittedly insincere/contrived/theatrical “moderate” credentials and street cred, by initiating and supporting a robust law enforcement response to this Dhimmi-crat insurrection, and, by condemning the criminal insurrectionists.
Instead, the feckless and incompetent dope reverted to typical and reflexive Dhimmi-crat coddling, whitewashing, lionizing and enabling of lawless and subversive thugs and criminals, and, their violent predations.
merely re-proving his/their agenda
violence is good
and the fear that is created will help keep us in power
The footage from this insurrection will undoubtedly be used to great effect in GOP ads for the 2026 midterm elections and 2028 presidential campaign. As they should be.
true
and without any irony the dems will still get millions of votes
The Dhimmi-crats will receive millions of votes, yes, but, they will also deservedly lose the elections.
Middle class voters want to live in safe and secure communities, unmolested by the lawless and savage predations of criminals, illegal aliens and terrorists who are directly enabled, coddled and lionized by the wretched Dhimmi-crat Party and its vile apparatchiks.
A Boy Named Sue
The LAPD were initially told to stand down by Mayor sea Bass. Two-hours later the LAPD was finally deployed. Apparently, the perversely immoral leaders of CA are quite alright with criminal activity, be it protecting illegal aliens (who are here illegally) or protecting looters and arsonists. No wonder they want to defund the police. If the police are neutered, then funding them is an unnecessary budget item that can be dispensed with. Also no wonder they blame President Trump for the rioting. He was enforcing federal law, which is anathema to the perverse immoral leadership of CA. Of course, what does that say about the voters of CA who voted for those perverse immoral leaders?
Delay in the Pacific Palisades fire fighting. Is there a pattern here? The rioters and looters own LA. The protesters are blackmailing and intimidating the city…. professional courtesy in looking the other way by fellow traveler Bass.
Newsom is gonna lose this one. The NG and USMC deployed in static locations to provide security to Federal Buildings/property is totally reasonable and more important within the power and the duty of the Executive to defend Federal Buildings/property from violent mobs.
If the Federalized NG and USMC were acting under title 10 authority directed by POTUS out on the streets in LA more broadly in a proactive manner to arrest the mob then Newsom would have a potential argument. As it stands they are not doing that.
Very cleverly this strategy works to defend the Federal Property and keeps the responsibility on the Local and State Gov’t officials to handle the mobs out on the streets. The images and video of NG/USMC will show them acting to defend themselves and the Federal property they are deployed to protect….while the ‘busting heads’ and ‘clearing the streets’ images/video will be 100% on LAPD, LA Sheriff and CHP. The legacy media and d/prog are.desperate to spin this into the pre written headline of ‘LA streets run red with blood as Trump uses NG/USMC to bust heads of peaceful protesters’. Trump is cleverly not just denying that opportunity but also keeping the targets of the mob, Federal Property, safe while showing the ineptitude and impotence of the local and State officials to keep their streets safe as they ‘coordinate with’ and coddle the violent mob waving foreign flags.
That’s why Trump *should* win but since this is Commiefornia we’re talking about, I’m not holding my breath. Excellent point.
It’s El A.
el-Ayh will soon have a huge mosque in the middle of town.
Is it weird that the case still hasn’t been assigned a judge even though it was filed yesterday, early afternoon? I know in the District I live in, it seems like lawsuits are assigned almost immediately (within several hours). Maybe it’s different in the ND of California.
Pacer has finally been updated. The assigned judge is Charles Breyer…a Clinton appointee and brother of former Supreme Court Justice Steven Breyer. Gee, I wonder how this is going to end.
I’m hoping Bass Scum both step over the line big time. I want a 4am raid on their homes, everything they owned tosses about, their computers and phones seized, and a nice long perp walk followed by an even longer arraignment,
That would be nice, but I expect they both know exactly where the line is and are being careful not to cross it.
I am curious why this case was filed in Oakland instead of LA.
More Blacks than Browns…
In the administration’s answer, can they not respond that under the Insurrection Act (1807), they have the right to call the National Guard up to protect Federal property and personnel? Section 253?
They aren’t using the Insurrection Act yet I believe we are.still under a straight forward Title 10 framework. Invoking the Insurrection Act offers FAR more freedom of action to deploy Active Duty forces and in essence takes off the gloves from a ‘civilian police’ ROE to something approaching a combat ROE. For example in Ramadi in ’06 and early ’07 we imposed simple rules:
1. Curfew at night
2. Drivers must yield to US/Coalition force by pulling off the road and not approaching within 100 meters of our vehicles.
How did we enforce those? We shot and killed anyone on the street after curfew with aimed fire. We fired off a ‘pin flare’ at 100 meters and if vehicles didn’t immediately stop we brought any vehicle that violated the ‘bubble’ under fire with either an M2 MG (.50 cal) or an M240B MG (7.62x51mm basically 308). No other warning, no effs given, no hesitation and no mercy. Do X and get shot. An Insurrection is by definition a combat environment and a combat ROE should be used.
Far more preferable to avoid that by the local and State Govt doing their best good faith efforts to gain control of their streets using police and civilian police tactics v making it necessary to use Military Forces b/c Soldiers ain’t police, they exist to kill the enemy not arrest them.
But what happens if the Governor of the state in question is giving support, aid and comfort to the insurrectionists and will most likely ignore or massively slow-walk any orders from President Trump regarding the National Guard. What happens then, I ask.
You identified the key flaw in the argument Newsom is attempting. He’s literally IN the Chain of Command so as long we remain in a Title 10 framework he could issue orders to the NG if he actually disagrees with their being used to basically guard the Federal Buildings. He hasn’t.
Of course if he does that and it is determined he is in cahoots with the rioters and their organizers as the LA Mayor claimed to be ‘in coordination’ then we have a much altered landscape. That’s where the Insurrection Act comes into play which in the scenario you lay out puts Newsom as part of the OPFOR ….and Newsom IMO doesn’t have the stones for it.
“…the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States”
For what it’s worth this is my reading on the above. The President (in the circumstances listed in the act) has permission to activate the NG. He is not required to do so. However the actual orders that come from that activation are to be made by the governors of the state. “Shall be issued through..” is not the same thing as requiring the consent of the governors nor is it the same thing as meaning the governor must initiate the order. It is (IMHO) a delegation by the President to the governor. The President may or may not activate the guard. When he chooses to do so than the governor shall order the guard to activate. He simply has no choice. He is acting by Presidential order. An action that would usually be done by federal orders is delegated to the state. Probably for reasons of expediency. Bottom line Trump does not need Newsom’s consent. Newsom however must order the activation of NG troops as per Trump’s order.
Forgive me replying to my own post. From above
“Does it mean that Trump and the federal government need permission from the governor?
Or does it mean that Trump and the federal government need to notify the state of their intentions to take such action?”
As I wrote in my previous post I believe the answer is neither of these apply.
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