Trump’s memo activating the National Guard does not designate LA. Legal experts say it applies everywhere and can be preemptively applied

• White House Memo Federal National Guard Forces In response to the protests in Los Angeles this weekend, they have not designated cities or states for deployment. It also allows for activation in areas where protests are “either or likely to occur.” Legal scholars said that means the memo can be applied anywhere and preemptively.

President Donald Trump’s revitalization of California National Guard forces could go beyond the Los Angeles that took place there over the weekend and the unrest that took place there.

Notes he issued on Saturday His protests against immigrant raids have made the National Guard federal government, which has not identified a city or state for deployment.

It also allows for the revitalization of the National Guard in areas where protests are “either or likely to occur.”

According to Elizabeth Goiteinthe senior director of the Brennan Center’s Freedom and National Security Programme, means that it can be applied nationwide before the protest actually takes place.

“We have never made the National Guard federal government to the federal government with the aim of dealing with potential future civil unrest anywhere in the country,” she wrote Sunday. x’s thread. “A preemptive development is literally the opposite of development as a last resort. It would be a shocking abuse of power and law.”

The White House did not immediately respond to requests for comment.

The memo assigns security guards by calling title 10 of US code 12406 to temporarily protect immigration and customs enforcement agents and other government officials performing federal functions.

it isIt could become the county law of 1878Mainly prevents federal forces from working in civil law enforcement in the country and leaves security guards. The duty to protect the forces and other logistical support for ice.

During Sunday’s protest in downtown Los Angeles, security guards protected federal buildings, and the LA Police Department and the California Highway Patrol pushed protesters back and arrested them.

Still, Trump ordered the development despite objections from California Gov. Gavin Newsom.

There are exceptions to the Posse Comitatus Act, which allows forces to play a more active role in law enforcement;Rebellion LawIt has not been called yet.

Nevertheless, Trump’s memo said members of the “regular military” could also be deployed to support “federal functions and property protection.”

The Department of Defense said that on Sunday. 500 Marines from Twentynine Palms “I’m ready to deploy statuses” in case they’re needed.

When asked Sunday if he was planning to send our troops to Los Angeles, Trump replied“We’re going to have an army everywhere. We’re not going to let this happen to our country. Our country will not be torn apart as it is under Biden.”

Goitein of the Brennan Center pointed out that Trump’s memos did not cite laws that approved the deployment of active duty units.

“The administration will likely assert the inherent constitutional rights to protect federal personnel and property (in line with the language of the memo), but Posse’s Comitatos requires “explicit” permission, not an assertion of implicit power,” she added.

“In short: Don’t let the lack of the term “riot law.” Trump has approved the deployment of troops anywhere in the country where protests against ice activities could arise. It is a big red flag for American democracy. ”

This story was originally introduced Fortune.com