“The Pentagon is directing every state and U.S. territory to create “quick reaction forces” within their National Guards, which will be trained to respond to civil disturbances and emergencies
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The memo instructs the National Guard Bureau to train these forces in riot control tactics, rapid deployment procedures, and the use of nonlethal weapons. The federalized forces will complement the National Guard Reaction Forces, which have existed for decades to provide emergency relief
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These units are expected to fully mobilize within 24 hours of activation, with an initial contingent of roughly 200 troops that will be pulled from the guard’s unit that specializes in chemical and nuclear disaster response, ready by New Year’s Day. By April, the new quick reaction force will reach 23,500 soldiers strong
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Critics see the move as establishing a permanent, federally coordinated crowd-control infrastructure. Janessa Goldbeck, a Marine veteran and CEO of Vet Voice Foundation, told The Guardian that the memo represents “an attempt by the president to normalize a national, militarized police force.”
It’s unclear whether the new order—or any future deployments under it—would pass legal muster. Federal law generally prohibits the use of federal troops in civilian law enforcement, while the Insurrection Act allows exceptions only under narrow circumstances.”
“In August, President Donald Trump took over the police force in Washington, D.C., and flooded the city with officers from various federal agencies. As part of this show of force, federal agents arrested hundreds of people, while prosecutors in the U.S. Attorney’s Office for the District of Columbia—led by interim U.S. Attorney Jeanine Pirro—seemingly intended to throw the book at them, whether or not the punishment actually fit the crime.
This week, one of the administration’s more high-profile cases crashed and burned at trial.
In July, according to a charging document, D.C. resident Sydney Reid filmed with her phone as agents of Immigration and Customs Enforcement (ICE) took two people into custody from the city jail. When one ICE officer told Reid to move back, she “continued to move closer to the officers and continued to record the arrest.” When she didn’t reply to further commands, an officer pushed her against the wall, and FBI Agent Eugenia Bates stepped in to assist as Reid “was flailing her arms and kicking and had to be pinned against a cement wall.” During the scuffle, the indictment claims Reid “forcefully pushed [Bates’] hand against the cement wall” and “caused lacerations,” and it includes a picture of her hand with two red marks.
Reid was arrested for “assaulting, resisting, or impeding” federal officers, a felony punishable by up to eight years in prison. But when prosecutors presented the case, a grand jury declined to indict—not once or even twice, but three separate times.
This is not unique to Reid: In August, the same month, prosecutors also failed to secure a grand jury indictment against Sean Dunn, the Department of Justice employee who threw a sandwich at a Customs and Border Protection officer stationed in D.C. In fact, within three weeks of Trump’s D.C. takeover, grand juries declined to return indictments at least seven times.”
“Federal law says the president of the United States may only call state National Guard members “into Federal service” when certain specific conditions are met, such as when “there is a rebellion or danger of rebellion against” the federal government, or when “the President is unable with the regular forces to execute the laws of the United States.”
According to President Donald Trump, he alone gets to decide when or if such conditions exist. Or, as Trump recently argued in a legal filing to the U.S. Supreme Court, “such decisions are committed to the discretion of the President and are unreviewable” by the federal courts.”
“In her dissent, Judge Susan P. Graber warned that the decision “erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights.” State Attorney General Dan Rayfield criticized the decision, saying that the ruling “sets a dangerous precedent that would allow a president to put Oregon soldiers on our streets with almost no justification.””
“A Washington, D.C., resident who was handcuffed and detained in September for mocking National Guard soldiers by playing “The Imperial March” from Star Wars on his cellphone is suing the soldiers and police officers for their stormtrooper-like behavior.
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Supreme Court Justice William J. Brennan Jr. wrote in 1987, in a ruling striking down a Houston ordinance that made it unlawful to oppose or interrupt a police officer, that “the freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”
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According to his lawsuit, O’Hara was released after 15 to 20 minutes without charges.”
““In Portland, protests have endured for months, and the [Portland police have] been either unwilling or unable to respond to the disturbances,” the appeals judges wrote.
Nelson and Bade said Immergut relied too heavily on Trump’s social media commentary — calling Portland “war ravaged” — to conclude that his deployment was “untethered” from reality, noting that the unrest had required a surge of law enforcement from the Federal Protective Service to contain.
The 9th Circuit panel majority repeatedly cited a similar decision issued by three colleagues permitting Trump’s deployment of Guard troops to Los Angeles earlier this year. In the ruling, the judges said Trump is owed great deference in determining whether civil unrest reaches a point in which the military may be called in for support.
The majority said Immergut used a faulty definition of rebellion in her decision, but the appeals judges did not address whether Trump had a valid claim that such unrest was underway when he sent in the Guard. (They did say they were not endorsing Trump’s description of Portland as a “war zone.”)
The appeals panel’s dissenting judge, Clinton appointee Susan Graber, called the majority’s decision ”absurd,” pleaded with her 9th Circuit colleagues to quickly reverse it and urged the public to “retain faith in our judicial system for just a little longer.”
“We have come to expect a dose of political theater in the political branches, drama designed to rally the base or to rile or intimidate political opponents. We also may expect there a measure of bending—sometimes breaking—the truth,” Graber wrote. “By design of the Founders, the judicial branch stands apart. We rule on facts, not on supposition or conjecture, and certainly not on fabrication or propaganda.”
Graber emphasized that even though there had been unruly protests in Portland in June, they had largely subsided and by September routinely featured 30 or fewer demonstrators and virtually no violence or requests for local police assistance.”
“Every American who is concerned about the state of our liberties ought to find harrowing President Donald Trump’s recent declaration that the National Guard is now in place in Portland, Oregon. As he wrote on social media, the goal is to restore law and order as “conditions continue to deteriorate into lawless mayhem.”
There are some protests against ICE’s increasingly abusive raids and detentions, but this is nothing more than a pretext to exert federal control over cities. I’m in Portland regularly, and it’s one of the nation’s most placid and safest big cities. Protests have at times been unruly over the years, but are well within the ability of local police to control.
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We should all be fearful when politicians exaggerate problems to grab more power. And it’s not just Portland. Trump previously deployed National Guard and Marines to Los Angeles and is threatening to do so in Chicago and Memphis. The president’s declared reason—to tamp down on protests—should raise the hair on everyone’s neck. He also suggested federal troops would target crime problems.
In his speech to the nation’s generals, Trump said, “We should use some of the dangerous cities as training grounds” for military intervention, as he prattled about a “war from within.” That’s authoritarian bluster of the sort heard in despotisms. Note the support or eerie silence from limited-government, constitutional conservatives who spent years warning us about government oppression.”
Deploying the National Guard isn’t just costly in the direct costs of the deployment, but in how it takes workers and students away from work and school.