Judge Dismantles Trump's Legal Argument for Deploying the National Guard
Today, Judge Breyer granted Governor Newsom’s motion for a preliminary injunction blocking the president from deploying the California National Guard, and returning control of the Guard to the governor.
Donald Trump’s Department of Justice claims that the president can deploy the National Guard - without review from the courts - under Title 10 U.S.C. § 12406 which says 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;
https://www.muellershewrote.com/p/judge-dismantles-trumps-legal-argument