• WoodScientist@sh.itjust.works
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    3 days ago

    Eisenhower had one option to remove the National Guard from Faubus’s control. The president could issue an executive order based on the Insurrection Act of 1807, codified in Title 10 of the U.S. Code under sections 332 to 334 (since renumbered as 252 to 254). Section 332, regarding the “use of militia and armed forces to enforce Federal authority,”

    Trump hasn’t invoked the Insurrection Act. He is explicitly in violation of federal law here. The act that he used to activate these troops doesn’t allow the president to take authority of the guard away from the governor.

    • givesomefucks@lemmy.world
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      3 days ago

      https://www.cbsnews.com/news/trump-title-10-national-guard-deployment-los-angeles-authority-meaining/

      He used title 10, under title 10 National Guard members are federal employees.

      The argument is they’re supporting ICE to secure the border, which like everything else I’ve been talking about, isn’t new or even uncommon.

      It’s going to bounce around in courts for years before going to the SC which will likely side with trump.

      Newsom and the MSM are lying that any lawsuit is a possible path forward.

      They want people to feel like something is being done, and for us to give them credit. But it’s just trying to run out the clock.

        • givesomefucks@lemmy.world
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          3 days ago

          You think I write for cbsnews?

          But all you had to say is you believe whatever Newsom says. If logic and facts aren’t gonna work, this is pointless.