Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
As Newsom stated in his letter, the order was not issued through him, therefor not pursuant to the law, or in other words, illegal.
Once again: in the context of this regime, the question is not “who’s going to let them”, it’s “who’s going to stop them”. And the answer seems to be “nobody who has the supposed legal authority to do anything appears to be interested in or willing to stop them”.
Well, Newsom is suing which is… fine. I think he should deploy his remaining 20k troops to kick the (4700 and counting) feds out, but that’s playing with fire. Going forward, as I suggested, states need to make sure they control their Guard deployments. This could take the form of legislation or executive orders at the state level, or, since it’s already federal law that the orders go through the governor, a simple memo informing the Guard that anyone from command down to rank & file will be immediately arrested for following illegal orders.
And on your other comment, yes, by the letter of the law that was illegal, although it was a slightly more complicated situation because as the article states:
Eisenhower and Faubus agreed that the Arkansas National Guard would remain at the school to maintain order, so the black students could attend.
… then Faubus reneged on the agreement.
Whatever. Right now, in the time that we are currently living through, during which an unhinged aspiring dictator is deploying military forces on US soil for immoral reasons, is not the time to equivocate about legality.
A simple memo reminding them of the penalties for following illegal orders, and clear examples of such illegal orders seems like a really smart move with minimal downside
Newsom is currently the lawful commander of the California National Guard. He should be directly ordering them to stand down. What is it with this limp-dicked centrist bullshit of “well…I’ll file a lawsuit!”
Fucking cowards. I hope Trump arrests Newsom and has him executed. That would be the fate this coward deserves.
I was with you on the first half, but definitely not on the second half.
If you support executing your political opponents by means of fascism, what makes that any less evil than Trump executing any politician he dislikes (and it seems we’re on that road)?
Legal ≠ moral. Both instances of mobilizing the national guard against the wishes of the states’ governors were illegal, but one was moral and the other is not. One could argue that by breaking the law the first time a precedent was set that allowed it to be done again for a less noble cause, but I disagree. The fact that it was possible for Eisenhower to federalize the national guard without the state governor’s approval in the first place means that nothing would stop it from happening in the future regardless of whether or not a precedent was set.
https://www.law.cornell.edu/uscode/text/10/12406
As Newsom stated in his letter, the order was not issued through him, therefor not pursuant to the law, or in other words, illegal.
Once again: in the context of this regime, the question is not “who’s going to let them”, it’s “who’s going to stop them”. And the answer seems to be “nobody who has the supposed legal authority to do anything appears to be interested in or willing to stop them”.
Well, Newsom is suing which is… fine. I think he should deploy his remaining 20k troops to kick the (4700 and counting) feds out, but that’s playing with fire. Going forward, as I suggested, states need to make sure they control their Guard deployments. This could take the form of legislation or executive orders at the state level, or, since it’s already federal law that the orders go through the governor, a simple memo informing the Guard that anyone from command down to rank & file will be immediately arrested for following illegal orders.
And on your other comment, yes, by the letter of the law that was illegal, although it was a slightly more complicated situation because as the article states:
… then Faubus reneged on the agreement.
Whatever. Right now, in the time that we are currently living through, during which an unhinged aspiring dictator is deploying military forces on US soil for immoral reasons, is not the time to equivocate about legality.
A simple memo reminding them of the penalties for following illegal orders, and clear examples of such illegal orders seems like a really smart move with minimal downside
Newsom is currently the lawful commander of the California National Guard. He should be directly ordering them to stand down. What is it with this limp-dicked centrist bullshit of “well…I’ll file a lawsuit!”
Fucking cowards. I hope Trump arrests Newsom and has him executed. That would be the fate this coward deserves.
I was with you on the first half, but definitely not on the second half.
If you support executing your political opponents by means of fascism, what makes that any less evil than Trump executing any politician he dislikes (and it seems we’re on that road)?
You kind of answered your own question
So you think it was illegal when the NG escorted Black kids to school in Arkansas against the wishes of the Governor of Arkansas?
https://www.history.com/articles/little-rock-nine-brown-v-board-eisenhower-101-airborne
Like, you’re acting like this is unprecedented, and that’s just flat out wrong…
Quick edit:
Newsom has a D by his name, but he’s still a lying piece of shit that was sucking up to the right very very recently.
Don’t just believe anything he says as gospel.
People need to be informed these days, don’t just back anyone on your “team”. Especially not someone who would never consider you as their own team.
Legal ≠ moral. Both instances of mobilizing the national guard against the wishes of the states’ governors were illegal, but one was moral and the other is not. One could argue that by breaking the law the first time a precedent was set that allowed it to be done again for a less noble cause, but I disagree. The fact that it was possible for Eisenhower to federalize the national guard without the state governor’s approval in the first place means that nothing would stop it from happening in the future regardless of whether or not a precedent was set.
What?
It went to the SC, it was/is legal.
You have your opinion on if it should be legal, and are treating that like it’s the actual legal reality.
That is absolutely not how America’s legal system works. And these aren’t the only two examples.
This same precedent came up in 2020 about vaccine mandates. If you hadn’t heard about this before last weekend, that’s fine…
Just don’t insist you’re an expert immediately. Some people paid attention