NBC Has #BigSadz Admitting Trump Can Legally Send in the Guard

AP Photo/Eric Thayer

I had this in a Xweet earlier, but I think it's something we need to go over as I'm not seeing it being discussed anywhere in the media.

We were watching the NBC Weekend News last night (don't chitter at me - we believe in and practice KNOW YOUR ENEMY). Of course, the broadcast opened with Los Angeles, Trump, Newsom's whining, and the National Guard. It took well until the end of the more than six-minute piece for them to get into a discussion of the legality of Trump's action.

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What was surprising was the admission, with some editorial shading immediately afterwards, that Trump was perfectly within his presidential purview to call the guard out, the correspondent's huge 'BUT' notwithstanding.

...but the correspondent notes that Trump is 'using another statute that ALLOWS the president to federalize the National Guard under certain circumstances...' 

Basically admitting that Trump's actions re: Guard activation ARE LEGAL. 

Has to hurt.

I even asked hubs, 'Did they just admit Trump was okay doing this?!' He gave me that look.

Later in the evening, there was another Xweet reinforcing impressions I was getting from watching video after video streaming in from independent journalists on the streets. Folks asked what was up with the Guard?

Why were they not engaging as 'protestors' build barricades, set fires, and rumble with sheriff's deputies and LAPD?

It was like a light went off for me.

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And I went in search of the mysterious, unnamed 'statute' NBC had grudgingly acknowledged on last night's broadcast after trying mightily to scare everyone with the Insurrection Act threat.

You tell me what you think. To my untrained legal eye - I only play a hotshot legal expert here at HotAir - Trump looks rock solid.

WHAT LAWS DID TRUMP CITE TO JUSTIFY THE MOVE?

Trump cited Title 10 of the U.S. Code, a federal law that outlines the role of the U.S. Armed Forces, in his June 7 order to call members of the California National Guard into federal service.
A provision of Title 10 - Section 12406, opens new tab - allows the president to deploy National Guard units into federal service if the U.S. is invaded, there is a “rebellion or danger of rebellion” or the president is “unable with the regular forces to execute the laws of the United States.”
WHAT ARE NATIONAL GUARD TROOPS ALLOWED TO DO UNDER THE LAW CITED IN TRUMP'S ORDER?
An 1878 law, the Posse Comitatus Act, generally forbids the U.S. military, including the National Guard, from taking part in civilian law enforcement.
Section 12406 does not override that prohibition, but it allows the troops to protect federal agents who are carrying out law enforcement activity and to protect federal property.
For example, National Guard troops cannot arrest protesters, but they could protect U.S. Immigration and Customs Enforcement who are carrying out arrests.
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Well, let's check the evidence, shall we?

"unable with the regular forces to execute the laws of the United States"

It looks nearly impossible and increasingly dangerous to enforce immigration law with the menacing and violence-prone crowds interfering.

Here's another.

Kind of looks like Gaza, no?

I would say the first requirement has been more than satisfied. Federal officers cannot carry out their law enforcement and immigration related duties safely - especially while the milquetoast, mewling tools that run California are busy empowering those who threaten those same officers. 

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President Trump has a constitutional duty to see our nation's laws enforced and that those who do so are protected.

To the second point of the statute:

it allows the troops to protect federal agents who are carrying out law enforcement activity and to protect federal property.

Federal property was under attack all weekend.

'Protestors' brought hammers to break apart the concrete on the top of bollards so they'd have lovely, fist-sized chunks to throw.

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You think these savages aren't organized?

Of course, they are.

They mostly come out at night. 

Mostly.

The National Guard is protecting that facility, as well as others, and all of the federal employees who are trying to do their jobs, per the statute.

They are not patrolling the streets of that hellhole. 

Even though the headline of this AP video implies the National Guard was seen throughout Los Angeles, every location where the Guard is shown is in front of a federal building of some sort, be it the VA hospital or the detention center, much like the stock photo at the top of this post (That's the VA.).

Whatever happens in Los Angeles itself?

That's for their terrific city, county, and state elected officials to decide how and when to handle.

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The trick for the media is going to be making it sound as if Trump has militarily invaded the city. They're working it so hard - SURPRISE - you'd never know he hadn't if you just went by the pictures and the rhetoric.

What a pity for them, he's rock solid.

Besides, who wants to poop on all the fun?

Not Bass or Newsom.

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David Strom 12:00 PM | June 09, 2025
David Strom 10:00 AM | June 09, 2025
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