President Trump and National Guard Activation Amid Riots
President Trump possesses the constitutional authority to deploy the National Guard for various purposes under US law. This includes actions like suppressing riots, defending against invasions, and enforcing federal laws.
After riots erupted in Los Angeles on June 6th, targeting federal personnel and buildings, Trump used his legal powers to mobilize 4,000 members of the California State Guard, with a limit of 2,000 for federal duties.
The Department of Justice criticized Governor Gavin Newsom’s court action as “a terrible political stunt.”
On June 9, Trump urged Newsom to compel a U.S. District Court judge to relinquish control of the National Guard, expressing frustration over a lack of consultation.
U.S. District Judge Charles Breyer, appointed by President Clinton, was overseeing Newsom’s case. The Ninth Circuit Court of Appeals quickly stayed the district court’s ruling asserting that Trump exceeded his powers. A hearing is scheduled for June 17th.
In a statement, the DOJ noted that Newsom is leveraging the court system in what they believe endangers public safety by preventing the president from exercising his legal powers to protect federal assets.
Edelman, a DOJ lawyer, asserted that the president, as the military’s commander-in-chief, is responsible for safeguarding federal officials and facilities. He emphasized the governor’s efforts are politically motivated.
Political Landscape
Support for Trump’s decisions has emerged from a wide swath of states including Iowa, Alabama, and Florida, while a number of other states have voiced their backing for Newsom’s position.
Newsom has called for federal authority to focus on “warrior culture” methods in cities where Americans live, study, and work.
In his legal filings, Newsom dismissed claims of insurrection and instead bracketed the unrest as separate from typical protests occurring nationally. He also argued that a lack of immediate federal intervention could harm state resources and stoke tensions rather than resolve them.
Media coverage around the riots was mixed, with some outlets describing the chaos as “almost peaceful.” There were reports indicating that certain state leaders appeared hesitant to intervene during the unrest, ultimately leading to increased violence against federal agents.
When President Trump mobilized the National Guard and activated 700 Marines in Los Angeles, he believed that Newsom and local leaders were failing to enforce the law adequately.
The DOJ maintains that only the president has the authority to protect federal agents and facilities, and claims that Trump acted lawfully under Title 10 of the US Code, which provides him with such powers.
Legal experts noted that previous administrations did not face legal pushback when using military forces in similar situations, emphasizing that courts should not interfere now.
Ultimately, the conflict between the state and federal authorities is likely to escalate towards the Supreme Court, marking yet another intersection of law and partisan politics ahead of the upcoming hearings.
