Main Justice Sending in the Military
20 snips
Jun 11, 2025 Protests are escalating across the U.S. as the Trump administration ramps up ICE raids, leading to California's legal challenges over deploying the National Guard. The hosts dive into the legality of military involvement in civil affairs, unpacking federal statute 12406 and its implications for immigrant rights. They also discuss the complex legal issues related to recent rulings on due process for deportees and the case of Kilmar Abrego Garcia. The episode stresses the balance of power between federal authority and individual rights.
AI Snips
Chapters
Books
Transcript
Episode notes
Military Deployed to LA Protests
- The federal government deployed nearly 5,000 military members, including National Guard and Marines, to Los Angeles to protect federal functions amid protests.
- The federalization of National Guard without the governor's consent is highly unusual and legally controversial.
Limits of Military in Law Enforcement
- The Posse Comitatus Act generally prohibits military from engaging in domestic law enforcement, but protecting federal property is considered an exception.
- Federalized National Guard members are treated as active-duty military and thus barred from domestic law enforcement activities like arrests or searches.
Statutory Prerequisites for Federalization
- The statute invoked by the president to federalize the National Guard requires invasion, rebellion, or inability to enforce laws using regular forces.
- The governor's consent is legally required for federalization, which California's governor disputes, forming the basis for a lawsuit.
