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The President, Control of the National Guard, and the Law

Federalizing the National Guard limits their authority.

by Eric Holdeman / May 31, 2020

On Friday, President Trump wrote this on Twitter, “Either the very weak Radical Left Mayor, Jacob Frey, get his act together and bring the City under control, or I will send in the National Guard & get the job done right.” The governor did activate a number of guardsmen and since then has sent even more to Minneapolis. 

Here's the deal though. When the National Guard is federalized, as President Trump alluded to in his tweet, they lose their police powers. Then they are Title 10 soldiers who cannot arrest. This all has to do with Posse Comitatus, which someone likely then explained to the president. Basically, "The purpose of the act — in concert with the Insurrection Act of 1807 — is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States."

We are in the middle of a pandemic, there are race riots and now all we need is a really big earthquake somewhere in the United States. And, no — not all earthquakes happen in California. But, they are overdue!


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