Why are CA National Guardsmen mobilizing to an illegal order? Is there some shitstain leading them? Without the Gov's approval, the prez has no authority over any state's national guard.
I’m an attorney. If you are a warfighter (DoD phrase) who believes you have been given an illegal order, myself and many other counsels will represent you pro bono (no cost). Please reach out. My DMs are always open.
POTUS can deploy the NG and active-duty military under the Insurrection Act of 1807, which allows for military intervention in cases of insurrection, civil disorder, or armed rebellion. Act provides a legal framework for the POTUS to take action when local authorities are unable to maintain order.
Under no scenario, even the Insurrection Act which was not invoked here, can the prez deploy a state's national guard without the state's governor approving it!
WRONG: POTUS can deploy the NG w/o a governor's approval when the Guard is federalized under Title 10 status, but typically, the National Guard operates under state control and requires the governor's authorization for state missions. There are exceptions...this is one such scenario!
Yes but no. Title 10 federalizes the Guard, making them active duty. In this status they are subject to posse comitatus. PC prohibits deployment of US military domestically, especially as police except if specifically authorized by law. So if using 10 this deployment is unlawful.
The conditions in LA these last few days simply don’t meet the standards of the IAct. I’ve seen Super Bowl celebrations that were more disorderly. That isn’t just my opinion that’s the view of the LAPD. I don’t disagree the Pres has such authority in the right cases, but not under these facts.
Well, if you believe that then surely another radical Dem appointed Federal District Judge will circumvent the law for you and rule it's not authorized under the Constitution knowing, of course, that it is! That way, the rest of the Country can watch California burn to the ground!
I take it you also haven’t read Marbury v. Madison? District courts don’t “circumvent the law” when they rule. They interpret the law as is their Const’l role. I’m not saying they always get it right, but that’s why we have appellate courts. Again a good conlaw class would help a lot.
I take it you were appalled at the host of decisions by courts overturning the actions of Presidents Biden, Obama? Or do they just circumvent the law when they rule against your guy?
U.S. military must disobey unlawful orders, this is in the Uniform Code of Military Justice (UCMJ) and Army Field Manual 27-10. If an order is illegal, soldiers are duty-bound to refuse. “Just following orders” is not a defense under law or military ethics.
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2. Again, a basic con law class would help with this stuff.