#Trump deployed both the #NationalGuard members & a battalion of #Marines in #California in June while citing “incidents of violence & disorder” that had occurred during #ICE operations to round up undocumented immigrants. Under the law Trump used, #Title10, the #troops are generally prevented from being involved in law enforcement.

#law #PosseComitatusAct #MilitaryState #military #immigration #authoritarianism #autocracy #dictatorship #tyranny

A state’s #governor generally oversees his own #NationalGuard, but the president can #federalize & deploy #troops over objections under #Title10 of federal #law. It permits the president to issue orders to National Guard members if there is a “rebellion or danger of a rebellion against the government.” [which is not the case]

#Trump #law #PosseComitatusAct #MilitaryState #military #authoritarianism #autocracy #dictatorship #tyranny

#Trump has summoned the #military for #domestic purposes like few of his predecessors.

…#NationalGuard #troops can be mobilized for federal missions inside the #US under two main authorities. The first, under #Title10, puts troops under the president’s direction, where they can SUPPORT law enforcement activity but not perform arrests or investigations.

#law #PosseComitatusAct #MilitaryState #Autocracy #Constitution #FreedomOfAssembly #RightToProtest #FreeSpeech

That request centers on a 19th-century #law, the #PosseComitatusAct, that generally makes it illegal to use the #military for #domestic law enforcement. The #Trump admin has argued that the #troops are not themselves performing law enforcement tasks, but rather are protecting civilian agents who are trying to arrest undocumented #immigrants.
[but we know better]

#Title10 #Constitution #RightToProtest #FreedomOfAssembly #LosAngeles #California #protests #NationalGuard #Marines #AbuseOfPower

Judge Breyer’s temporary restraining order [#TRO] concerned only the #NationalGuard & whether it was lawful for #Trump to mobilize them under #federal control. At the hearing on Friday, he is also set to address a #state request to limit #troops under federal control to guarding federal buildings, & to bar them from accompanying #ICE agents on the #workplace #raids that sparked the #protests.

#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #military

Either way, litigation in the case is set to return on Friday to the San Francisco courtroom of the Federal District Court judge, Charles Breyer, for a hearing. He is weighing whether to issue a more durable preliminary injunction restricting what #Trump can do with some 4,000 #NationalGuard #troops or 700 active-duty #Marines his admin has also deployed into the #city.

#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #protests #AbuseOfPower

The ruling means control of the #California #NationalGuard will stay in #federal hands as the lawsuit continues to unfold.

The #state could choose to ask the full appeals court to rehear the matter, or it could directly ask #SCOTUS to intervene. But the state might also just move on from the current part of the dispute, since the ruling on Thurs pertains to a short-lived temporary restraining order that will soon be obsolete anyway.

#law #Title10 #PosseComitatusAct #LosAngeles #protests #Trump

The court case could have wider implications on the president’s #power to deploy #soldiers within the #US after #Trump directed #immigration officials to prioritize #deportations from other #Democratic-run #cities.

Trump, a Republican, argued that the #troops were necessary to restore order. Newsom, a #Democrat, said the move inflamed tensions, usurped local authority & wasted resources.

#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #NationalGuard

The court used 14 of its 38 page ruling to reject the #DOJ's argument that #Trump's decision to federalize the #California #NationalGuard can't be reviewed by the courts.

But, the court concluded that the requirement in #Title10 §12406 that "orders ... shall be issued through the governors of the States" does not mean that a governor must consent or even be consulted before their #state's National Guard is federalized.

#law #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #military