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Summary
It is extremely rare for the presidents to call on the National Guard as opposed to the governor’s wishes, as President Trump made in the deployment of the National Guard in Los Angeles.
President Donald Trumpsummoning 2000 civil soldiers from California National Guard against the wishes of the government Gavin Newsom There are few precedents in US history.
Trump insists that federalized troops are needed to protect immigration.
But Newsom, who travels to Los Angeles on Sunday to monitor the state’s response, officially asked Trump to return control over state security.
“We have not had a problem until Trump got involved. This is a serious violation of state sovereignty – inflammation of tension while pulling resources from where they are actually needed,” writes the Gavin Newo government After Sunday on social mediaAfter officially asked the Trump administration to return control of the National Guard of the State.
In his request, Newsom wrote that local “law enforcement resources are sufficient to maintain order”. He added that at the moment there is no need for the National Guard to be located in Los Angeles and do it in this illegal way, and for such a long period it is a serious violation of the state sovereignty, which seems to be deliberately created to ignite the situation.
The Trump Federalization of the National Guard can still face legal challenges Legal experts say but his order on Saturday night is rareS Marked The first time the president surrounded the local and government officials in A summons of state troops since 1965When President Lyndon B. Johnson tried to defend the Alabama Civil Rights Protesters.
In 1957, Arkansas governor activated the National Guard to block nine black students to enter the Central High School in the State’s capital, Little Rock, as opposed to the US Supreme Court’s decision in 1954 that the segregation was illegal. President Dwight D. Eisenhower took over the guards And the troops of the US Army have brought to ensure that black students can attend school.
And in 1962 President John F. Kennedy Federalizes the National Guard in Mississippi and bring US Army troops To quell the rebellion of segregatorists who opposed the enrollment of a black student at the University of Mississippi.
Trump’s order through a presidential memorandum on Saturday night came after media reports and staff in the social media of protesters, throwing rocks into a vehicle in a border patrol in Paramount, a city with a large Latin American population in Los Angeles County. The immigration authorities were there and in other parts of the Los Angeles region they arrested persons who say they were in the country without permission. Trump cites “incidents of violence and disorder” in his message. Soldiers will “temporarily protect” employees to apply immigration, Trump writes.
A spokesman for immigration and customs implementation told Calmatters in an email that “(i) responding politicians continue to push a dangerous and misleading rhetoric that puts at risk communities and law enforcement. Americans can see videos and images and see with their own eyes.”
The spokesman added: “We arrested a domestic abuser who attacked someone with a firearm and a child’s violencer. In defense of these disgusting criminals, masked riots have made their mission to hurt and downplay federal law enforcement officers.
The legitimacy of Trump’s deployment in LA
The federalization of the National Guard is a “significant” and “unnecessary” move, especially considering that “no local or state power has requested such federal assistance”, According to Steve VladkProfessor of law at the University of Georgetown.
In a blog publication on Saturday night, Vladik also warned that the Trump move was not a summons of the Uprising Act, a rarely used set of statutes, which is a major escalation of presidential powers, which can give special powers to the National Guard.
Given the actual forces that Trump quotes in his note, the soldiers will simply “provide a form of protection for power and other logistical support for the staff of the icy,” Vladek writes.
But he wonders if this is a strategic move of Trump in order to invoke the Law on the Uprising, which was Last used by President in 1992 – Also in Los Angeles to quell the excitement after the process of Rodney King. Even then, the governor of the state wanted additional help.
“This step may be intended for both and look modest, so if, and when it fails, the government can refer to its failure as the basis for a more aggressive internal deployment of troops,” Vladek writes.
Kyle Lonley, Professor of History and War and Diplomacy at Chapman University in Orange County, said he also believed that the unfolding of Trump on the National Guard was intended to score political points with his base. “This is trying to cause an answer. This is trying to play on Fox News, to play at the base of Trump, who is trying to present cities as flawless nuts,” he said.
“What is more insidious about what I would say is the threat to try to bring the Marines forward because it is a completely different ball game when you use the US military for home groups,” he added.
On Saturday, US Secretary of Defense Pete Heget said in a social media publication The fact that “if the violence continues, the active Marines at the Pentelon Camp will also be mobilized – they are alert.”
Representative speaker Mike Johnson, a Republican, said he did not think the sending of Marines was “heavy”. In an ABC news interview Sunday.
Mixing protest and soldiers can lead to tragedy, Longli added, citing four students killed by members of the National Guard after entering the State University in Kent in 1970 during anti -war demonstrations. Not all killed or wounded people They protested.
“Even LA police forces said these were relatively calm demonstrations,” he added. “These are not people who throw Molotov cocktails. This is not snipers up the tops of the roofs It was as if they were during the riots of Rodney King and robbery. “
The general ban on military forces acting as police “reflects the American tradition that examines military intervention in the civil government as its essence dangerous to freedom”, “” wrote Joseph NunConstitutional scientist in 2022
Another professor of law, Chris Mirasola, guilty government officials To overestimate Trump’s actions on an essay on Sunday morning. “There is a significant wrong characteristic of what the president has authorized in the memorandum signed yesterday. Governor Gavin New, criticizes, for example, a complete absorption of the National Guard of California. This is not provided in the note.”
However, Mirasola wrote in an email that Trump’s excuse for the National Guard is weak. “Trump’s memorandum seems to be combined whether the uprising actually exists,” he writes. If there is no resurrection, there is no need for the National Guard, suggested his essay.
“The deployment of President Trump of the Federalized Troops of the National Guard in response to the protests is unnecessary, inflammatory and abuse of power,” said Hina Shamsi, director of the National Security Project at the American Union for Civil Liberties.
Wearing a mask is legal
In a social media publication, Trump also separated Protesters who wear masksS
Thomas R. Burke, a lawyer with headquarters in San Francisco with Davis Wright Tremain, who has been practicing a law on speech freedom for about 35 years, however, that protesters have a clear right to the first amendment to wear masks.
“The ability to protest anonymously is quite arranged, specifically the use of masks,” Burke said in an interview. He added that Trump’s comment “is a part and a parcel by wanting to suppress speech before it happens, to make protesters be concerned to be arrested or detained simply because they wear a mask and retain their identity.”
Wearing a mask while committing a crime is illegal, Burke said, but even this ban has restrictions.
On the one hand, “if the protest becomes violent and you are a violent protester wearing a mask, you will not be able to solid, effectively protect the first repair of your mask,” he said. California law of the 19th century Also prohibits thisS
But often protesters are arrested for failing to disperse, even if protesters struggle to leave the area quickly enough.
In this situation, “You will not be able to be arrested just because you are wearing a mask. I want to say they may arrest you, but this is a violation of the first amendment.”