What is the legality of Trump's National Guard actions?

[martybegan]

Trump has NOT invoked the Insurrection Act.

Is Trump’s deployment of federal troops in California legal?

Under ordinary circumstances, federal troops would be deployed to aid or assist in state efforts, says Jeremy R. Paul, a professor of law.

news.northeastern.edu

Title 10 authority same thing Ike used in Little Rock.

What is Title 10 authority?​

The federal code Mr. Trump cited, 10 U.S.C. 12406, says "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," in the event that "the United States, or any of the commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; there is a rebellion or danger of a rebellion against the authority of the government of the United States; or the president is unable with the regular forces to execute the laws of the United States."

 

[Meathead]

Here are the thoughts of a former Federal prosecutor on the legal issues with Trump's actions in Los Angeles. Will Trump next turn his ICE thugs loose on the protests on June 14? And then claim he has to invoke Martial Law because of the reaction in most major cities in the US? Are you Trumpanzees going to support this move from Trump to become the first dictator to rule the US?

If the idiot local authorities won't do it, Trump sure as hell will, and is.

 

[TimFitz]

Stop pretending that law enforcement is being called out against American citizens they aren’t. Law enforcement is being used against invading criminals that come waving flag of a foreign country promising conquest.

The US military (not law enforcement) is being used to aggravate and incite violence in response to ICE’s brown shirt tactics.

ponder how you would feel of an unidentified armed soldier with no identification and no probable cause accosted you at Home Depot and demanded your papers?

Because that’s what you’re justifying.

And Trump has already claimed that he intends to use these tactics on US citizens.

 

[the watcher]

You are confused. There is legal and illegal, and then there is right and there is wrong, and they are not identical. Everything Hitler did after the 1933 Enabling Act was legal, according to them. Resisting the Reich was illegal. When we finally decide to secure our borders for our own protection it needs to be judged on right/wrong, not some out of date legal ideologies that maybe made sense in 1836. If we can't follow our own laws, why debate them?

 

[Oddball]

Wrong. The NG can only be legally federalized if the Insurrection Act is invoked
Ike did that.

Trump has not

2007 NDAA....Suck on it.

National Defense Authorization Act for Fiscal Year 2007 - Wikipedia

en.wikipedia.org

 

[Rigby5]

Probably legal but not well thought out.

Not at all legal for ICE to raid, arrests, and deport without warrants or hearings.
Not at all legal to use troops on unarmed civilians.

 

[westwall]

My understanding is that the NG can only be called out if the Governor requests it and the actual active duty can do nothing without a declaration (official) of insurrection

Your understanding is wrong.

 

[Rigby5]

Completely legal.

​

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—​

​

...​

​

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.​

10 U.S. Code § 253 - Interference with State and Federal law

www.law.cornell.edu

Wrong.
ICE is not legal.
Not only is ICE in violation of the law by not getting court warrants before raids, arrests, and deportations, but ICE is in violation of the treaties under which a third of the US was purchased from Mexico.
ICE is also violating the rights of people who sound or appear to be immigrants, like native Americans.

 

[Oddball]

Not at all legal for ICE to raid, arrests, and deport without warrants or hearings.

Completely legal.

Not at all legal to use troops on unarmed civilians.

Marxist assholes throwing bricks aren't "unarmed".

 

[Rigby5]

Completely legal.

Wrong.
ICE is totally in violation of the law, as well as treaties under which a third of the country was purchased.
ICE is conducting raids, searches, ID checks, arresting people, deporting people, etc., without any of the required hearings.

 

[Rigby5]

Exactly!



View attachment 1121310

The Constitution is to protect people from government abuses like ICE, and does not at all authorize anything ICE is doing.

 

[HikerGuy83]

The Constitution is to protect people from government abuses like ICE, and does not at all authorize anything ICE is doing.

Just like it does not authorize Obamacare.

Since when has that stopped you.

And yes it does authorize what ICE is doing.

Stop drinking and posting.

 

[theHawk]

What is the legality of people coming here illegally? What is the legality of trying to stop the federal government from enforcing it's laws? What is the legality of rioting, the destruction of property, and assaulting law enforcement officers?​

Questions leftwingers can’t answer honestly.

 

[theHawk]

The Constitution is to protect people from government abuses like ICE, and does not at all authorize anything ICE is doing.

How is ICE itself an “abuse”?

What a retarded take.

 

[Rigby5]

That's the law dummy.....The next time your people are in power you can try to change it. Till then it's the law of the land.....Including CA.....They are not special.

Wrong.
The law of the land says that the third of the country purchased by the US from Mexico, shall continue to honor the Spanish land grants, not interfere with any business or commerce, shall not discriminate against any of the residents who choose not to become US citizens, etc.
So actually "open borders" are required by law.
There is no legal way to block access by anyone.
It is also obviously illegal to use troops trained in deadly warfare only, on civilians.
And the right to protest ICE is also protected because ICE clearly is in violation of the law and subject to arrest by anyone and everyone, for not following due process, which requires judicial hearings before any raid, arrest, deportation, etc. And even forced ID checks are totally illegal.

 

[Rigby5]

This

But those ICE raids were totally illegal because they did not obtain the required judicial warrants.

 

[Rambunctious]

I think Newsom will win the lawsuit.

You are the only one who thinks that... every legal expert has said he doesn't stand a chance... the president of the United States has more power than the left thinks...he has a sworn duty to defend the people...

 

[Rambunctious]

But those ICE raids were totally illegal because they did not obtain the required judicial warrants.

ICE is not doing anything different from what they have always done... under every president including Obama... our government is useless if they can't defend our borders the people and property of this nation...
This would not be happening if Joe didn't open the border...

 

[Rigby5]

Appears legal.

10 U.S.C.
United States Code, 2010 Edition
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 15 - INSURRECTION
From the U.S. Government Publishing Office, www.gpo.gov

CHAPTER 15—INSURRECTION​

§332. Use of militia and armed forces to enforce Federal authority​

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

Federal forces can be used to combat insurrection, but it is ICE that is committing the insurrection.
It is ICE who is in violation of the Constitutional rights of individuals, by not getting judicial warrants before raids, arrests, and deportations.

The protestors clearly are not involved in any "insurrection" because they are not armed.
Using National Guard who are trained only in lethal attacks on unarmed civilians, clearly is illegal.

 

[Rambunctious]

Federal forces can be used to combat insurrection, but it is ICE that is committing the insurrection.
It is ICE who is in violation of the Constitutional rights of individuals, by not getting judicial warrants before raids, arrests, and deportations.

The protestors clearly are not involved in any "insurrection" because they are not armed.
Using National Guard who are trained only in lethal attacks on unarmed civilians, clearly is illegal.

How is ICE causing these people to riot?...