Judge Charles Breyer says Trump sent NG troops into LA Illegally

[Anonymous]

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Anonymous wrote:Congress clearly spelled out when and how the president can federalize the National Guard. And here, President Trump did not do any of it.

There's some IANAL on twitter saying that because the statute says "shall" instead of "must" that Trump doesn't have to go through Newsom. Bro...

A president doesn’t need a governor’s permission. See Nixon.

When did Nixon call out the National Guard without a governor’s request?

1965, Selma. Sorry, Johnson. Same difference.

Alabama didn’t need to consent.

Judges didn’t need to sign off on it.

Pure article 2.

Nixon used a different law, not the one trump used.

Doesn’t matter. Trump still doesn’t need Newsom’s permission, and history shows the use of the national guard over a governor’s consent.

Why do you think Breyer put a hold on this? He knows it’s going nowhere.

The legal authority matters a lot. In fact, it’s the only thing that matters in the lawsuit.

Correct, and a Northern California district court has no say so in this.

A federal court cannot interpret federal law in a case before it? Interesting take.

This is a pure article 2 power. No, the courts can’t usurp that.

Where does article 2 say the president can call the NG into federal service in violation of the law?

Commander in chief. Article 2 section 2 includes the ability of the President to deploy the national guard for federal missions including domestically in the case of rebellion etc.

Note that the judge simply disagrees about the nature of the rebellion. That is a determination for the president not a judge.

Wrong again. It says he is commander in chief of the militia when called into federal service. But article 1 says congress gets to decide when he is allowed to do that.

Chain of command. Do keep up. All members of the National Guard are also members of the organized militia of the United States as defined by 10 U.S.C. § 246. National Guard units are under the dual control of U.S. state governments and the U.S. federal government. Guess who runs that us federal government??

The key is DUAL. And the NG is not sent in wo the consent of states. You know this. So why are you making it seem like Trump did something legal here. He didn't.

[Anonymous]

Looks like Breyer was wrong.

Anyone checked in on Gavin this morning?