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Breyer stresses that he, at this point, feels he has to face squarely is whether National Guard was properly nationalized, not whether the Marines will violate the PCA
"I'm prepared to address that issue," he says of federalizing the guard.
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DOJ argued that the president, and only the president, can decide what constitutes invasion or rebellion or when he is unable to execute laws with regular resources.
These are the three scenarios the statute allows National Guard troops to be federalized.
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Statement from Sen. Padilla's office: Padilla "tried to ask the Secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information."