This isn’t a posse comitatus issue though. It’s still bad, but a different flavor of egregious

I'd say it's worse

I assume the slap down on posse comitatus is *why* they’re trying it a different way this time

Will defer to you but how is the CA verdict not a PCA issue?

The CA verdict is. This isn’t. The current situation raises other legal issues.

Assuming TX NG are under state authority and not direct federal control, under Title 32 are not subject to the PCA. I assume this was an attempt to avoid the problems demonstrated in the CA lawsuit.

So if they're not under federal control, and not requested by IL, they're just... People walking around Chicago with guns?

Agree and raises the issue of deploying non federalized troops to a non consenting state under title 32, 502(f)

It's not the same problems. It's worse. www.lawfaremedia.org/article/sect...

Exactly. If it involves more than protecting federal people and property, the only legitimate legal authority is the Insurrection Act of 1792. And there is no demonstrably insurrection.

Are they trying to argue that the state of Illinois is in an active insurrection, through the person of Gov. Pritzker? That's the only argument I can see having any traction whatsoever, but with the current SCOTUS, who tf knows.

And that would be handled by ILARNG?

If there really was an insurrection, the president would have to declare it under the proper legal authority and then either federalize national guard units or send regular military units. I’m guessing they want to avoid ever getting to that point because they might lose control of the situation.

This is very informative.

Different issues depending on the authority (title 10 vs title 32) no?

👀 If any extra-state NG is sent on Title 32 to another state, Congressional Dems better make damn sure those Govenors’ coffers are NOT “made whole” with federal funds!! 🤬

The CA case found that the way the NG was *used* was illegal, not that the deployment itself was illegal. The NG *could* have been legally used to protect federal property. I only know this because other lawyers were commenting that the reporting got this point wrong.

It's a rhetorical end around the PCA. Trump initiated the action. Texas is nominally in control, but its NG would not be in Illinois but for Trump. The mission ends when Trump says it ends, just like it started when Trump gave the command. People are overthinking it.