- California National Guard Forces According to Georgetown University law professor Stephen Vladeck, President Donald Trump’s deployment in the Los Angeles area in response to the protests, can only protect immigration agents and provide logistical support there. But if the rebellion law is invoked, it changes.
Legal experts say President Donald Trump’s decision to turn California State Guard forces into federal government and deploy them to the Los Angeles area has put them in a more supportive role.
On Saturday, Trump exercised his authority to deploy National Guard under federal orders in response to protests against immigration and customs enforcement raids.
Sunday morning, members 79th Infantry Brigade Combat Teamthe largest combat forces in the California Army National Guard have begun to arrive in Los Angeles.
but, 1878 Congress Comitatus ActMainly preventing federal forces from working in civil law enforcement, Stephen Vladeck, a law professor at Georgetown University; I wrote it in his newsletter.
“All these forces can do is provide ice personnel with a form of force protection and other form of logistical support,” he explained. “Whether that leads to further escalation is a bigger question (and in fact, it may be the very purpose of their development).”
There is an exception to the Posse Comitatus Act, which allows forces to play a more active role in law enforcement. Rebellion law, It has not been called yet, so you can “implement union laws, suppress riots, and fight back against invasions.”
In theory, according to the Brennan Center for Justice, the Rebellion Act should only be used in crises that civil authorities cannot handle, but “the requirements of the law are not explained much and leave virtually everything at the president’s discretion.”
At face value, Trump’s order to deploy California State Guard troops to Los Angeles is intended to protect Department of Homeland Security officials from attacks, Vladeck explained.
It represents an important and unnecessary escalation, but he added that it is not a mass deployment to US cities in itself.
“That being said, there are still at least three reasons why we need to be deeply concerned about President Trump’s (hassy) actions on Saturday night,” Vladeck warned.
First, the presence of federal forces increases the risk of expanding violence. Second, even in the limited ways of the present, the deployment of National Guard forces, perhaps even in the Rebellion Act, could set up a more positive response to similar protests. Third, domestic use of the military can have a “corrosive effect” on the relationship between the military and local government, as well as the relationship between the military and civil society.
“For now, the key point is really there.it’s notWhat these federal national guards can do and this may be the very reason.thisIt’s not even more offensive, it’s the step the president is taking tonight,” Vladek said.
This story was originally featured on Fortune.com.
