Trump Nominee Corrected on 'Department of War' by Sen. King

Clarification on Department Name

• 📌 Senator Angus King questioned the nominee, Charles L. Young III, about referring to a non-existent "Department of War" instead of the correct Department of Defense.
• ✅ Young confirmed the correct name and acknowledged his slip-up, stating the other name had no legal basis.

Legal Basis for National Guard Deployment

• 🏛️ Young explained the legal basis for deploying the National Guard to Los Angeles was the President's Article 2 authority to protect federal functions and property, citing 10 USC 12406.
• 📜 He referenced historical precedent, including George Washington's use of National Guard personnel to suppress the Whiskey Rebellion, as an example of the President's authority.
• ⚖️ Regarding review of the President's decision, Young noted that matters were in litigation and cited Ninth Circuit determinations giving significant deference to the President's factual determinations.

Federal Judges and Legal Interpretation

• 🧑‍⚖️ When asked about a council to the President calling a federal judge an "insurrectionist" for ruling a deployment illegal, Young stated that a federal judge interpreting federal law is exactly what the Constitution was founded on.

Kinetic Strikes and Drug Cartels

• 💥 Young addressed the legal justification for kinetic strikes against civilians in international waters, explaining the President's Article 2 authority concerning drug cartels designated as non-state armed groups and terrorist organizations.
• ⚠️ He acknowledged the significant death toll from illicit narcotics in the U.S. as a factor in the President's decision-making.
• 📜 The question of Congressional authorization for such strikes was raised, with Young stating there had not been one to his knowledge, but that the activities did not rise to the level of war in the constitutional sense.
• ❓ Concerns were voiced about the President's unilateral power to designate enemies and authorize their killing without Congressional authority, drawing parallels to the Obama administration's drone strikes and the use of the 2001 AUMF.