The deployment of the Trump National Guard can survive the legal challenge, say the experts

The controversial deployment by President Donald Trump of the National Guard in Los Angeles and perhaps other cities could survive a judicial examination, according to legal experts, despite a federal judge judging that he violated the Comitatus posse law.

Experts say that the presidents should have an almost total deference by the courts with regard to military use, even under the Posse Comitatus Act. The 150 -year law indicates that soldiers cannot generally engage in standard police work.

Lawyer Andrew Stoltman, professor of auxiliary law at the Northwestern University, told Fox News Digital that he thought that the Supreme Court would ultimately sanction the unconventional use of the President of the National Guard. The court regularly took the side of Trump in temporary decisions this year.

The federal judge reigns that Trump violated military law by activating the National Guard in California

“I think that in the end, he will have the legal green light to do so. But he obviously does it in heavy blue states, so he will finally have to carry him before the Supreme Court,” said Stoltman, adding: “But I think that with the expansion of the president’s powers, he will finally be set up in terms of legal seal.”

In California, judge Charles Breyer discovered in a trial brought by the Democratic Governor Gavin Newsom that Trump has poorly federalized the National Guard in response to anti-immigration and customs demonstrations and riots.

Posse violation act comitatus

Breyer, appointed by Clinton and brother of the Liberal retirement judge Stephen Breyer, also noted that Trump and the secretary of the war Pete Hegseth violated the Comitatus law by leading troops, including thousands of soldiers of the National Guard and hundreds of navy, to carry out basic tasks of the application of the law, such as traffic judgments and conduct.

Breyer declared that the explanation of the Trump administration according to which military forces protected federal staff and buildings were an insufficient explanation of the activities of the National Guard, which included the accompaniment ice cream and the Drug Encompement Administration on the Immigration Raids in three marijuana farms outside Los Angeles and participating in “Expalibur operation”, a mission of internal security MacArthur.

The United States Court of Appeal for the ninth circuit temporarily interrupted the two Breyer orders, but the trial is still continuing in court and could soon be joined by other disputes if the National Guard is developing towards other cities.

Gerard Filitti, lawyer for the Lawfare project, identified the traps perceived in the order of Breyer.

The judge “treated control of the ordinary crowd as if it were illegal” the application of the law “”, said Filitti in a statement to Fox News Digital. “It is simply not the law. The goalkeeper did not stop people nor did not direct police investigations – they stabilized the situation so that the ice could do its job.”

Trump says he could send the National Guard to Maryland to fight crime

President Donald Trump (left) suggested that he would send the National Guard to Chicago to repress the crime, causing strong objections of the Democratic Governor JB Pritzker (right). (Getty Images)

“This distinction is important, and the judge ignored it,” added Filitti.

In question in the California trial, two laws under which the presidents are authorized to federate the National Guard, a hybrid military force which is otherwise of governors. Trump quoted a law of rebellion, but he could have used another law, known as the law on the insurrection, to deploy the troops. It was a key consideration for Breyer.

“If the president wants to avoid the restrictions of (posse comitatus act), he must invoke a valid exception – such as the insurrection law, as well as his requirement showing that state forces and local state forces cannot act,” Breyer wrote in an order last week.

“ Previous dangerous ”

The president in last week threatened to send troops to Chicago, as in New York, Baltimore and other cities, where he says that violent crimes are creeping and has an emergency that requires a military response.

Filitti said that Breyer’s decision “would establish a dangerous precedent” if he was confirmed by higher courts.

“If it has remained standing, it means that a state can block federal police simply by refusing aid and daring the courts to link the president’s hands,” said Filitti. “This is not how the Constitution works, and this is not how you ensure the Americans. The decision should and will be canceled – and quickly.”

The use by Trump of the National Guard in California was part of an effort to repair immigration in a large border state, but the president also reported in last week that he wanted to use it to combat street crime, as he did in Washington, DC

The mayor of Chicago calls the deployment plan of the national guard of Trump “ `unclean, unpretentious and unrelated ”

The armed members of the National Guard are patrolling the American Capitol while security tightens following the deployment order of President Trump. (Katopodis / Getty Images Tasos)

CC deployment

Trump deployed the National Guard and sent other federal authorities to Washington, DC, to remedy the crime, emphasizing the application of immigration and homelessness.

The national capital has since experienced a significant reduction in crime, especially in carjackings, which are down more than 40% compared to the period last year, and in violent crimes, which is down 27% compared to last year. Mayor Muriel Bowser, a Democrat, awarded the Trump administration to have helped reduce crime and signed an order last week by formalizing local cooperation in the application of laws with certain federal agencies.

But the prosecutor general of Bowser was less receptive and continued, saying that the response of the National Guard, including the members of the National Guard outside the State, was unjustified.

DC is unique in that the President can use the DC National Guard to use the law implementation operations for 30 days within the framework of the interval rules, which means that the prosecutor’s prosecutor of DC differs from potential prosecutions or prosecution brought in other jurisdictions. The 30 -day expiration is Wednesday.

“Structural problems” cause crime

Stoltman, who is based in Chicago, said that the leaders of democratic states and cities, such as Governor Franc-Parller JB Pritzker from Illinois, would be wise to follow the example of Bowser rather than resisting federal aid.

“Our governor and our mayor are diametrically opposed to Trump’s sending to the troops, and I think politically, they make a big mistake,” said Stoltman, noting that despite a low decrease in crime in recent years, Chicago has a high murder rate.

The president has only targeted blue states at this stage, despite some of the highest crime rates that occur in the cities of the red states. Critics have underlined this, as well as the fact that Trump avoids treating the underlying factors stimulating crime, such as the under-effective and local prosecutor policies, such as the deposit without species.

Zack Smith, a principal legal researcher at the Conservative Heritage Foundation, told Fox News Digital that he considered the National Guard as an immediate response which would not necessarily deal with the deep causes of the crime.

“What we are talking about in many of these cities are structural problems. We are talking about decades in certain cases of negligence and decomposition to get to this point, so all this will not be repaired overnight,” said Smith.

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He said that he thought that in DC, the strategy had succeeded in terms of numbers “because we know that one of the most effective ways to fight against violent crimes is to have police on the street who are authorized to do their work appropriately, and they have prosecutors who are ready to continue people when they break the law,” said Smith.

But there will be absolutely a wider conversation on the will of the cities to make long -term adjustments, “added Smith.