Per my post on Saturday below identifying the provision in 12406 providing for Governor's role.... Governor Newsom's (very well-lawyered) letter on Sunday now goes for it: - ThreadSky

rgoodlaw.bsky.social • 6 days ago

Per my post on Saturday below identifying the provision in 12406 providing for Governor's role....

Governor Newsom's (very well-lawyered) letter on Sunday now goes for it:

Comments

minerva1.bsky.social•5 days ago

If you read Ryan Goodman, you already knew.

atsnlg.bsky.social•6 days ago

This Administration is so incompetent that they couldn't even bother to read the statute and to issue their order through the Governor. What a bunch of losers. :}

juliadilliard.bsky.social•6 days ago

Obviously, trump, Stephen Miller, Tom Homan, Noem, Hegseth, & Project 2025 are not interested in following the law. This is fascism 101.

ezaherron.bsky.social•6 days ago

The big question, then, is “and what if they weren’t?” Is Newsome still Commander-in-Chief of the CA National Guard and can order them to stand down? Does he understand this was always going to come down to a confrontation of authority?

saintbridge.bsky.social•6 days ago

I hope the letter then read, "Now get the fuck outta my state."

yep36.bsky.social•6 days ago

Reading through it- must call out- the word (not a term, but just a word) "inappropriate" is laughable- and now the enabling reason we are here- these statutes rely on an assumption of Good Faith, that can rely on words rather than terms- not a thing anymore in 'merica.

reggierink.bsky.social•6 days ago

Is Newsom the person who has standing to sue over this?

jbf-2024.bsky.social•5 days ago

Trump vs Newsom is like a moron vs Mensa member.

hobbesjosh.bsky.social•6 days ago

Yep, Sleepy Joe could have done the same thing with Texas

markvdhmusic.bsky.social•5 days ago

This is great legalese. But they don’t care. The courts take too long. Damage is done before a court will stand up to stop them. We’ve seen it. Appeal. Stall. Lie. Obfuscation. Months go by. There is no longer rule of law. Who will obey in advance? Too many. Who will stop them? Too few. What’s next?

bluefrommagioh.bsky.social•6 days ago

details are for suckers and losers and blue states only.

john-gardi.bsky.social•6 days ago

How is this different from Lyndon Johnson using doing the same in 1965?
Bless Britannica! 🙏
https://www.britannica.com/question/Has-the-U-S-National-Guard-been-deployed-without-a-request-from-a-state-governor

shadowalker22.bsky.social•5 days ago

One difference. Johnson federalized the guard to protect protestors. Trump is attacking protestors.

c-schneid68.bsky.social•6 days ago

Thank you for the work you do!

kdbyproxy.bsky.social•6 days ago

From a legal perspective it went much better last time, 33 years ago, but last time California's governor wanted it to happen.

https://bsky.app/profile/kdbyproxy.bsky.social/post/3lr2pj4l2gc2d

glennpittman.bsky.social•6 days ago

Would cutting the governor out of the chain of command not make Hegseth’s order unlawful, thereby *requiring* CA’s Adjutant General to refuse the order under the UCMJ?

jefflevi.bsky.social•6 days ago

That is a very interesting thought, born of some obviously very specific domain expertise.

Would the admin then be able to secure a red state governor’s authorization to partially federalize (their) national guard send them instead?

jefflevi.bsky.social•6 days ago

I recall some language about federalization, and whether chain of command goes through governor‘s office rather than if fully federalized.

jefflevi.bsky.social•6 days ago

NG fully federalized fall under the chain of the command of regular army. Chain of command through governor avoids fully federalizing them, thus not subject to Posse Comitatus?

Do you have visibility on this, please?

glennpittman.bsky.social•6 days ago

No specific domain expertise beyond growing up around the military. Dad and step-dad were both 20-year vets. Also spent time in the Reserve myself.

glennpittman.bsky.social•6 days ago

My thinking is that federalizing the NG places them, including the Adjutant General, under the jurisdiction of the UCMJ, which very explicitly requires military members to refuse unlawful orders. Not doing so can bring serious consequences.

jefflevi.bsky.social•5 days ago

Thank you for your thoughts. Much appreciated.

I finally found the podcast that I had listened to. All these people are smart as heck, very well informed as to the statutes and their specifics. Principally national security folk:

https://www.lawfaremedia.org/article/lawfare-daily--the-dangers-of-deploying-the-military-on-u.s.-soil

lynnf.bsky.social•5 days ago

https://www.dailykos.com/stories/2025/6/9/2326845/-Donald-just-can-t-shut-up-about-LA

alitica.bsky.social•6 days ago

Once again over stepping his boundaries

allenhoorn.bsky.social•6 days ago

In short, the National Guard has no lawful authority to mobilize, meaning that every action they take should be considered potentially criminal. @governor.ca.gov should order the arrest of any guardsmen who illegally deploy.

kmhutch.bsky.social•5 days ago

So while ordered by Trump, but not approved by the governor, can the CA atty general hold the head of CA National Guard responsible and prosecute for following an illegal order? You need to deter future events like this.

cuppajoe.bsky.social•6 days ago

TACO

walterdragon.bsky.social•5 days ago

Call this what it is: An invasion.

thenewnews.bsky.social•6 days ago

This regime is LITERALLY abducting innocent people without due process and shipping them off to foreign prisons.

We are WAY TF past "pRoVisIOn 12406"

The United States is under fascist occupation.

PERIOD.

cjm57.bsky.social•6 days ago

I sure wish we'd hear that Newson/the State of California has filed an emergency petition with the SCOTUS. This whole NG thing is so off-the-charts unconstitutional. If the Trump regime is not stopped now, we will see this in many states to come.

cherylmorrison.bsky.social•6 days ago

Yeah Newsom doesn't want to take the blame. Reads the law

dyatesswfl.bsky.social•6 days ago

So, I'm assuming California will be in court first thing Monday morning?

robynmb.bsky.social•6 days ago

Proof! F#ck this Nazi fascist dictator tyrant buffoon

lestatdelc.bsky.social•6 days ago

Is Newsom ordering the CANG to stand down or not?

an-elk.bsky.social•5 days ago

This is kinda circular, but can Newsom call up the CA NG to protect the protesters from the Federalized NG?

Basically, the Fed NG are protecting ICE, can the CA NG put up a ring outside that to separate the Fed NG and the protesters? Yes, this would lead to the two NGs facing each other.

bigsteve61.bsky.social•5 days ago

Why can't Newsome just order the National Guard back to their barracks?

bemoangamble.bsky.social•6 days ago

Trump’s priority is to win in the Court of Public Opinion (COPO) first &
foremost. The Judicial Court is not that high a priority for Trump. So far, that practice has worked for him, most notably in getting him elected as president last November. Newsom needs to fight Trump hard in the COPO, too.

keithqq.bsky.social•6 days ago

So can Newsom countermand the CA National Guard, ordering them not to follow illegal orders?

kevarosenberg3rd.bsky.social•5 days ago

hmmmm, interesting, illegal order.

cuzcaroline.bsky.social•6 days ago

And?

doomtape1981.bsky.social•6 days ago

This language became part of S.2182 - National Defense Authorization Act for Fiscal Year 1995.

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