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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