Even if Trump doesn’t like them, he can send troops to cities

Lamenting the Los Angeles Anti-Immigration Protests: The President’s Presidential Memorandum of Deciding the Deployment of the California National Guard

Mirasola fears that there is going to be political pressure to move beyond the protective power in light of the current protests.

In fact, the memorandum also says, “The Secretary of Defense shall consult with the Attorney General and the Secretary of Homeland Security prior to withdrawing any personnel from any location to which they are sent.”

And that may happen given, in Mirasola’s view, the presidential memorandum is extremely broad and, on its face, doesn’t appear limited to LA. The secretary of defense can issue military protective activities without being explicitly stated in the text of the memo.

If we see the National Guard moving beyond this limited role, there could be overstepping of the legal theory that’s at the root of the deployment in LA.

“If protests or acts of violence directly prevent the execution of laws, it is a form of rebellion against the authority of the Government of the US,” Trump said in the order.

She said that the courts have not had the opportunity to decide if law enforcement can be done by the military in a situation like this.

The federalized National Guard and active-duty military cannot act as police, say experts in the laws governing military use.

During Trump’s first administration, Goitein noted that this idea had been put forward many times by the executive branch.

President Donald Trump’s order to deploy 2,000 California National Guard troops to Los Angeles to quell anti-immigration enforcement protests — without the consent of Gov. Gavin Newsom — is an extraordinary move, according to experts in national security and presidential powers.

Los Angeles police said that while the protests have mostly been peaceful, some violence has occurred. Though, several officials have rebuffed the president’s intervention, saying they have it handled.

It is the first time since 1965 that a president called National Guard troops to respond to civil unrest without a governor’s official request for assistance, according to Elizabeth Goitein, the senior director of the Brennan Center’s Liberty and National Security Program.

Two government officials told NPR Monday that 700 Marines have been deployed to the state. Police Chief McDonnell said Monday he had not been briefed about the Marines showing up.

The Protective Power and the Insurrection Act: How the President of the United States can tamp down unrest and acrimony

So, what are the powers granted to the president of the United States to quell unrest? And how is the Trump administration bucking tradition and legal precedent in this situation?

This act has not yet been invoked by the White House in Los Angeles, despite the fact that Trump and his allies have referred to the protesters as “insurrectionists.” On Sunday Trump said that he didn’t see the reason for invoking the Insurrection Act, though he was open to doing so in the future.

She said it hadn’t been used since 1992 and hadn’t been used without a state request. Then-President George H.W. Bush last used it to tamp down violence in Los Angeles after a jury acquitted police officers in the beating of motorist Rodney King.

Title 10 of the U.S. Code on armed services has a little-used provision called 10 U.S.C. 12406. It allows the president to deploy federal troops in instances of “a rebellion or danger of a rebellion” against the U.S. government.

Newsom’s office said the president exceeded his “Title 10 authority, not only because the takeover occurred without the consent or input of the Governor, as federal law requires, but also because it was unwarranted.”

The Guard has a role in protecting federal employees, according to some legal experts. They could be in violation of Posse Comitatus if they are drawn into aiding immigration enforcement.

The president is also justifying calling the military to LA by seemingly pointing to an implied authority in Article 2 of the Constitution, according to Christopher Mirasola, an assistant professor at the University of Houston Law Center.

The protective power is a theory of presidential power that says the president has constitutional authority to use the military to protect federal functions.

Los Angeles, California, is a “protest case for what the federal government does’ not do,” she told The Los Angeles Police Department

Los Angeles Mayor Karen Bass said she feels the city is being used as a “test case for what happens when the federal government moves in and takes the authority away from the state, or away from local government.”

In Los Angeles, 50 people were arrested between Saturday and Monday morning, the LAPD said. Los Angeles Police Chief Jim McDonnell has said the department supports the First Amendment right to assemble.

“Any person who encourages violence, engages in graffiti or attacks officers will be arrested,” he said. “If there’s a protest, there is no tolerance for criminal activity.”

Some of the charges those arrested are facing include attempted murder, assault on a police officer, and loot. One of those arrested was David Huerta, the president of the Service Employees International Union California, who was released Monday afternoon.

The Los Angeles Police Department has decades of experience with large-scale public demonstrations, and we remain confident in our ability to do so effectively.

Los Angeles Mayor Karen Bass’s Response to the President Donald Trump Ordered National Guard for a 60 Day Period and Other Public Safety Protests

On Saturday, President Donald Trump federalized 2,000 National Guard troops for a 60 day period or something like that. In addition, Trump stated that other branches of the armed forces might be dispatched to support. He ordered another 2,000 troops on Monday.

The Los Angeles Police Department was accused of taking more than two hours to respond to a federal request for assistance. He said that because of traffic and hazardous conditions caused by tear gas used by federal troops, it took the LA police more time to respond to calls about the protest. The department was on the scene in 38 minutes, McDonnell said.

The White House statement stated that Democrats such as Los Angeles Mayor Karen Bass should thank President Trump for ridding the streets of illegal immigrants and gangbangers.

He said that this wasn’t about public safety. “It’s about stroking a dangerous President’s ego. This is a horrible thing. Pointless. And Disrespectful to our troops.

In response to Vice President Vance telling Newsom “do your job,” the governor said Monday, “Do YOUR job. We didn’t have a problem until Trump got involved. Rescind the order. Control back to California.

A major difference between what’s happening now and the riots of 1992 is that this time, local and state officials didn’t request the military’s help. There are troops in LA outside of federal property, so California is asking a federal court to stop them. LA mayor Karen Bass said that she didn’t know what the Marines’ role would be.

Who knows? The bottom line is, we’re not told,” Bass said. “Basically we have to operate on rumor. 700 Marines are rumored to come here. I have no idea what they’re going to do when they get here.”

ICE and the federal-local relationship in the Los Angeles/Paramount/Lasinia controversy: Two charged with possessing molotov cocktails

Photos appearing to show National Guard members protecting agents of the Immigration and Customs Enforcement agency were posted by ICE. Some National Guard members Wednesday have temporarily detained civilians in Los Angeles, according to The Associated Press, handing them over to law enforcement.

Some federal- local relationships are not under strain. Two men were charged with possession of molotov cocktails during protests in Paramount, Calif., and LA, according to the U.S. Attorney for the Central District of California. Local law enforcement officials thanked the federal government at a press conference for their help in the investigation.

Essayli said that they had a good relationship with their law enforcement partners. At the same time, he stressed the fact that federal law enforcement would not be bound by state restrictions on immigration enforcement.

“Some people apparently have the notion that California really is a sanctuary from federal immigration laws,” Essayli said. “Federal laws are applicable here, and they will be enforced, and nothing they have done to date has affected our ability to carry out immigration enforcement efforts.”