How Jerry Will Keep the Trumpster from Seizing California’s National Guard

The California National Guard is under the purview of the Governor of the State.  But under the law, the President can “federalize” the Guard and put them under the leadership of the Department of Defense.  Maybe California does need to become a separate country if it wants to totally control the National Guard.  Until then Guv Brown needs to address the $1.5 trillion debt, the collapse of the government pension systems, fix the worst roads in the nation and create education geared to the students, not the unions.

“Gov. Jerry Brown’s administration, alarmed by a report of a draft plan to mobilize 100,000 National Guard troops to round up unauthorized immigrants, has quietly concluded that the Trump White House legally cannot take command of California’s National Guard short of declaring immigration to be an “invasion.”

White House Press Secretary Sean Spicer on Friday said the report by the Associated Press about plans to dragoon the Guard was “100% not true. It is false. It is irresponsible to be saying this. There is no effort at all to round up, to utilize the National Guard to round up illegal immigrants.”

Poor Jerry is getting very old and confused—when you have up to two million people illegally in your State and nation, it is not a tourist trip—it is an invasion, what else could you call it.  Good thing Brown is not President, he would invite more to invade our nation.

JerryBrownSchw

How Jerry Will Keep the Trumpster from Seizing California’s National Guard

Jerry Roberts and Phil Trounstine, City Watch LA,  2/20/17

CALBUZZ EXCLOO–Gov. Jerry Brown’s administration, alarmed by a report of a draft plan to mobilize 100,000 National Guard troops to round up unauthorized immigrants, has quietly concluded that the Trump White House legally cannot take command of California’s National Guard short of declaring immigration to be an “invasion.”

White House Press Secretary Sean Spicer on Friday said the report by the Associated Press about plans to dragoon the Guard was “100% not true. It is false. It is irresponsible to be saying this. There is no effort at all to round up, to utilize the National Guard to round up illegal immigrants.”

Of course, Trump famously told Fox News bromance buddy Bill O’Reilly recently that California is “out of control” on immigration. So even the suggestion that Trump might try to seize command of the California National Guard was disturbing enough to cause Brown legal advisers to analyze the state’s options, should Trump seek to activate the Guard as a deportation force.

Don’t Tread on Me. In the normal course of events (how fondly and wistfully we remember such bygone days) National Guard troops are under the command of the governor of each state.

At the same time, the Posse Comitatus Act of 1878 prevents the use of federal armed forces (except the Coast Guard) for peacetime law enforcement within the United States. And under the National Defense Authorization Act of 2008, the president can only call up the National Guard for active duty for a congressionally sanctioned national emergency or war.

Moreover, according to a high-ranking source in the Brown administration, Trump “would have to get the consent of the governor” – something Brown would not provide.

While Brown has not spoken on the issue directly, at least three Republican governors, in Utah, Arkansas and Nevada, have objected to the suggestion that their National Guard troops should be used as a deportation force.

Under federal law, whenever:

(1) The United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;

(2) There is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(3) The President is unable with the regular forces to execute the laws of the United States; the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. 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.

Stay Off Our Lawn! California officials thereby have concluded that the state cannot be compelled to use its police or military forces for law enforcement purposes;  in their analysis, controlling immigration is a federal responsibility, not a matter for state or local law enforcement.

On the other hand, Homeland Security Secretary John Kelly last week signed new guidelines empowering federal authorities to aggressively detain and deport unauthorized immigrants.

“The surge of immigration at the southern border has overwhelmed federal agencies and resources and has created a significant national security vulnerability to the United States,” Kelly stated in the guidelines.

According to the Washington Post, Kelly cited a surge of 10,000 to 15,000 additional apprehensions per month at the southern U.S. border between 2015 and 2016.

Gov. Brown’s lawyers don’t believe that rationale would hold up in court as an “invasion” justifying federalizing the Guard. And without consent of the governor, they have concluded, Trump cannot deploy California National Guard troops as a border-control or deportation force.

By now, of course, we’d be surprised by exactly nothing that President Screw Loose might attempt to do.

(Jerry Roberts is a California journalist who writes, blogs and hosts a TV talk show about politics, policy and media. Phil Trounstine is the former political editor of the San Jose Mercury News, former communications director for California Gov. Gray Davis and was the founder and director of the Survey and Policy Research Institute at San Jose State University. This piece appeared originally in CalBuzz.)

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. Hey Moon Beam and the rest of the idiots in Sac. have been reducing the size of the Guard intentionally, and selling off property where they can conduct daily and annual meetings.

    Worried, naw there will not be a Guard of any note.

  2. Totallyfedup says

    Let’s start a pool – can our senile moron gov get any dumber?
    CA could not survive as a country. Brain-dead brown and all the self-serving demorats would continue to destroy anything good and replace it with government giveaways they can’t afford.
    Keep voting for demorats CA and it will not get better.

  3. Jerry is his delusional self. The President can Nationalize the Guard by just signing an Executive Order. The good part, for the State, is that at that point the Feds are on the hook for salaries and support. The bad part for the Feds is that a Nationalized Guard, now part of the USArmy, is precluded by the Posse Comitatus Act from being used to enforce Civil law. Moonbeam should know that, but that would mean that he knows the parameters of his current job, and we all know that that’s bunkum.

  4. Actually trump should have the US attorney general look into the matter of brown violating CA prop 140 and stealing the governorship in 2011. HE was limited to two terms, which he had and used his position of attorney general in 2011 to declare himself eligible to run.

  5. Bruce Boyer says

    We can only hope that Pres Federalizes the NG and Gov Moonbeam refuses. That will be a showdown that Gov Moonbeam will lose. Explore the possibilities if Gov Moonbeam refuses? That is a violation of Federal law and when the Pres orders the troopp[s they will report for duty. They will not risk the consequences that they will face for refusing top report for duty. The invasion or threat of is more than broad enogh to allow the Pres this authority. I believe thet Pres W Wilson Federalized the NG to deal wirth the Mex invasion of 1916

  6. Gary Von Neida says

    Governor MOON BEAM needs to lay off the L.S.D. and realize that the State of California has been subjected to an ongoing invasion on several fronts: outright “breaking into the State” by crossing the border illegally, by overstaying visas, and by CHAIN MIGRATION. This did not just start Yesterday. The DE-CULTURAZATION of the State has been ongoing.
    Any attempt to separate from the UNION of States would require a vote of the CITIZENS. Prior to any vote Two things need to happen: a purging of the voter rolls and varification ( by presentation of Two forms of identification, like what is required at an airport or government building) that the voter is a LEGAL Citizen. Proof of Welfare will not fly.

  7. Did you really think the John Birch society was the repository of all the “conspiracy” theories? Jerry Brown is proving it’s not so.

  8. I’ve given this a great deal of thought and heres my plan. You announce a free admission day at Disneyland and as soon as the place is full you build a wall around Disneyland and there you have it. No sense in spending all that money on a wall on the southern border.

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