12/ Breyer gets Shumate to admit that their view is that the minute the President issues a proclamation -- not delivers one, whether through the governor or not, but *issues* it -- then the President becomes commander-in-chief of the National Guard as well.
(That's insane.)
(That's insane.)
Comments
Breyer seizes on the Trump administration's lie that Trump talked to Newsom "Friday night" (6/6) about federalizing the National Guard after Shumate repeats it.
Breyer: "Do we have a record of what was said on that call?"
Shumate: "Well, no, but... they certainly talked about the situation"
"Even though the President hasn't invoked it?" asks Judge Breyer, incredulously.
I do not think "invasion" is nonjusticiable - meaning it's whatever the President says it is. It doesn't seem Breyer does, either.
Shumate will not parse out whether Trump is relying on prong (2), insurrection - or prong (3), unable with the regular forces to execute the laws of the United States.
Colloquy now on what "regular forces" means.
Shumate: "I start with the 'take care' clause."
This is an exceptionally dumb argument. The take care clause is TEN WORDS long. It does not permit federalization.
https://constitution.congress.gov/browse/essay/artII-S3-3-1/ALDE_00001160/
"Why should I look to your evidence if I can't look at the basis for those findings?" asks Breyer.