Brett Tolman on Trump's Use of National Guard and Insurrection Act

Legal Basis for Presidential Action

• ⚖️ The statute is clear: Title 10 of the U.S. Code, Section 12406 grants the president the power to deploy federal agents and the National Guard.
• 🚫 Governor Newsom does not have a veto over the president's decision regarding federal troop deployment.

Judicial Scrutiny and Presidential Restraint

• 🧐 While judges may test every angle, the president has shown a thoughtful and measured approach.
• 🛡️ The president has utilized the minimum number of individuals necessary to secure federal agents and their mission.
• 🚨 This deployment is not an attempt by a dictator to use the military improperly; it's a measure to stop riots and ensure peace.

Circumstances for Invoking the Insurrection Act

• ⚠️ The president likely wishes to avoid invoking the Insurrection Act, preferring to demonstrate a measured use of military and National Guard.
• 🤝 Historically, federal and state governments have worked together to manage riots using the National Guard and military.
• 🚩 If protests escalate to target government officials, federal law enforcement, or buildings, and involve individuals identified as enemies of the United States or illegal immigrants, the Insurrection Act may need consideration.

Potential Escalation and Legal Avenues

• 🚀 If a judge rules against the president's current use of the National Guard, he could escalate by invoking the Insurrection Act.
• 🌊 There's a strong argument that the situation constitutes an invasion, with individuals operating under the banner of foreign countries, destroying property, harming people, and attacking law enforcement.
• 🙏 The hope is that the judge recognizes the value of the president's level-headed approach in utilizing the National Guard and military as needed.