Either Newsom is giving the orders (title 10) or the Insurrection Act is invoked (technically “title 10” but not 12406 to which it usually refers). Those are the only two options.
False dichotomy. He can, and has, often tried to do thing that he does not have the authority to do. And often, people just let him get away with it. Likely in that scenario now. Let’s perk our ears and listen to professionals as it’s coming in.
It’s black letter law that people should be given due process and he has violated that dozens of times at least. It’s likely he’s trying to invoke 10 without permission of the state governor.
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The WH claims it’s using 10 USC 12406 which would mean orders flow through Newsom on the authority of POTUS.
Strictly speaking I don’t think he has discretion whether to actually issue the orders, but he certainly could refuse to do so. And should.