The president can legally take over the National Guard.
The president can legally take over the National Guard.
Yes, you're right. But only for specific purposes. I mean, the last time that a president used Title 32, Sec 502(f) of the US Code this way, Kent State happened. Using the code this way is a slippery slope, for sure. wp.me/p9mEsR-Z
I’m pulling @gmsingh123.bsky.social into this thread because they are essentially the same discussions. GM Singh — I looked it up and you’re right; the guard cannot make arrests once they’re federalized. But, my larger point is still valid. I don’t think we should pin our hopes on some grand…
I believe Trump federalizing the National Guard trumps local command so I don't think that would happen.
Yep, you’re right. And, I think he’s going to look for every excuse he can to federalize them. Fact is, we are entering a very dark phase of the regime and year one isn’t even over yet.
The saving grace is I believe Trump's health is in steep decline. This will be like Reagan's 2nd term when he was dying of Alzheimer's and nothing was said. I remember hearing his wife was making decisions for him.
I'm just old enough to remember when it came out that Nancy Reagan and her astrologist had been pulling the strings while he had alzheimers. I'm convinced that if he croaks in office, it'll be used to further the agenda of his administration by the actually smart, evil people pulling the strings.
That's a reasonable supposition. He could be dead or in a coma right now and we wouldn't know.
Thing is though…while Trump has unique abilities as a demagogue cult leader, he is just the end result of fascism that’s been growing since Reagan and even earlier. There’s an old saying “The emperors didn’t make Rome; Rome made the emperors.” Same is true of us. America is very sick.
Some grand what?
Sorry. Character limitations. If you see me writing ellipses (…) at the end of a post, it means I’m continuing the message. I can’t stand social media’s character limitations. It leads to overly brief arguments and misunderstandings.
Most make it a multipart message but it sure isn't convenient.
Wait, how do I do that? I’m old. Help me here. lol.
When I run out of chars I do the second part with 2) and do as many parts as needed.
…confrontation between a state National Guard under a governor’s command versus the federal military. Such a confrontation, in and of itself, could be legal grounds for a president to federalize that state’s National Guard. Just imagine the opposite…if a Republican Governor attempted to use…
Yeah, I get what you're saying. I just feel that we have to use whatever we need to fight back; especially monitoring their use of law because they're subverting and twisting it for their own means to oppress us. They're constantly making blanket statements and specifics matter.
I’m with you 100%. My initial pushback in this thread was centered on what seemed to be some rather simplified magical thinking that the Guard could just swoop in and save the day. This crap is going to require a lot of organizing and hard work to resist.
…their National Guard to confront troops under Obama or Biden’s command. (Btw, I hope you both know I’m very anti-Trump. I just think this particular approach has a lot of issues.)
Not exactly. Trump has been violating the Posse Comitatus Act. www.law.cornell.edu/uscode/text/...
The Posse Comitatus Act applies to federal military (Army, Navy, Air Force, Marines, etc.). It does not apply to state level national guard.
People have free will. The good people serving in the Illinois National Guard have free will. They do not have to obey unlawful orders from the president. They can choose to protect the citizens of Illinois. Let’s stop saying they have no choice but to obey. You always have a choice.
Where did I say they have no choice but to obey?
You were wrong either way.
Please tell me what I was wrong about.
Per the Posse Comitatus Act if a state National Guard has been federalized it cannot participate in law enforcement activities. Trump has already violated this. I'm not sure what Pritzker will do.
Sorry not directed at you…was just a general comment.
All good. I agree with what you’re saying. I just worry that many of these soldiers who want to refuse the orders will ultimately choose to follow them because of the pay check, their families, general fear, etc. It’s insane we even need to have this conversation.
This is true but it seems like the administration is trying to change the laws
Can he if they’re already deployed?
Especially if they’re deployed. Eisenhower did exactly that with the Arkansas National Guard during the Little Rock 9 incident. It’s in Title 10 U.S.C. § 254 of the Insurrection Act
Well, fuck.
There are many ways to resist…I don’t think any of us want to jump to Illinois National Guard vs. the US Army anyway. Think about that for a moment.
It’s not about war. I think just activating them would get Trump to back off. He folds easily when resisted.
That’s a heck of a gamble though. Activating them might be exactly what he’s looking for, and many people would get killed in the process. To be clear, fierce resistance is needed, but we need to be smart and strategic.
Here’s a fun place to begin. www.files.ethz.ch/isn/126900/8...
Yeah. Giving in isn’t an option and if he wants an excuse, he’ll just make up one anyway (like DC and crime).