Always Ready, Always There: Democrats Mobilize Against the National Guard Deployment

Below is my column in Fox.com on the deployment of National Guard in Los Angeles. Another round of court challenges are unfolding, but the escalation is likely to continue on both sides. While the Guard’s motto is “Always Ready, Always There!,” California Democrats do not want them between rioters and federal law enforcement.

Here is the column:

Gov. Gavin Newsom was in his element this week. After scenes of burning cars and attacks on ICE personnel, Newsom declared that this was all “an illegal act, an immoral act, an unconstitutional act.” No, he was not speaking of the attacks on law enforcement or property. He was referring to President Donald Trump’s call to deploy the National Guard to protect federal officers.

Newsom is planning to challenge the deployment as cities like Glendale are cancelling contracts to house detainees and reaffirming that local police will not assist the federal government.

Trump has the authority under Section 12406 of Title 10 of the U.S. Code to deploy the National Guard if the president is “unable with the regular forces to execute the laws of the United States.”

The Administration is saying that that is precisely what is unfolding in California, where mobs attack vehicles and trap federal personnel.

Most critics are challenging the deployment on policy grounds, arguing that it is an unnecessary escalation. However, even critics like Berkeley Law Dean Erwin have admitted that “Unfortunately, President Trump likely has the legal authority to do this.”

There is a fair debate over whether this is needed at this time, but the President is allowed to reach a different conclusion. Trump wants the violence to end now as opposed to escalating as it did in the Rodney King riots or the later riots after the George Floyd killings, causing billions in property damage and many deaths.

Courts will be asked to halt the order because it did not technically go through Newsom to formally call out the National Guard.

Section 12406 grants Trump the authority to call out the Guard and employs a mandatory term for governors, who “shall” issue the President’s order. In the memo, Trump also instructed federal officials “to coordinate with the Governors of the States and the National Guard Bureau.”

Newsom is clearly refusing to issue the orders or coordinate the deployment.

Even if such challenges are successful, Trump can clearly flood the zone with federal authority. Indeed, the obstruction could escalate the matter further, prompting Trump to consider using the Insurrection Act, which would allow troops to participate directly in civilian law enforcement.

In 1958, President Eisenhower used the Insurrection Act to deploy troops to Arkansas to enforce the Supreme Court’s orders ending racial segregation in schools.

The Trump Administration has already claimed that these riots “constitute a form of rebellion against the authority of the Government of the United States.” In support of such a claim, the Administration could cite many of the Democratic leaders now denouncing the claim.

After January 6th, liberal politicians and professors insisted that the riot was an “insurrection” and, in claiming that Trump and dozens of Republicans could be removed from ballots under the 14th Amendment.

Liberal professors insisted that Trump’s use of the word “fight”and questioning the results of an election did qualify as an insurrection. They argued that you merely need to show “an assemblage of people” who are “resisting law” and “using force or intimidation” for “a public purpose.” The involvement of inciteful language from politicians only reinforced these claims. Sound familiar?

Democrats are using this order to deflect from their own escalation of the tensions for months. From Minnesota Gov. Tim Walz calling ICE officers “Gestapo” to others calling them “fascists” and “Nazis,” Democratic leaders have been ignoring objections that they are fueling the violent and criminal responses. It did not matter. It was viewed as good politics.

While Newsom and figures like Sen. Cory Booker (D., N.J.) have called these “peaceful” protests, rocks, and Molotov cocktails have been thrown at police as vehicles were torched. Police had to use tear gas, “flash bang” grenades, and rubber bullets to quell these “peaceful” protesters.

There appears little interest in deescalation on either side. For the Trump Administration, images of rioters riding in celebration around burning cars with Mexican flags are only likely to reinforce the support of the majority of Americans for the enforcement of immigration laws.

For Democrats, they have gone “all in” on opposing ICE and these enforcement operations despite support from roughly 30 percent of the public.

Some democrats are now playing directly to the mob. A Los Angeles City Council member, Eunisses Hernandez, reportedly urged anti-law enforcement protesters to “escalate” their tactics against ICE officers:  “They know how quickly we mobilize, that’s why they’re changing tactics. Because community defense works and our resistance has slowed them down before… and if they’re escalating their tactics then so are we. When they show up, we gotta show up even stronger.”

So, L.A. officials are maintaining the sanctuary status of the city, barring the cooperation of local police, and calling on citizens to escalate their resistance after a weekend of violent attacks. Others have posted the locations of ICE facilities to allow better tracking of operations while cities like Glendale are closing facilities.

In Washington, Jeffries has pledged to unmask the identities of individual ICE officers who have been covering their faces to protect themselves and their families from growing threats.

While Democrats have not succeeded in making a convincing political case for opposing immigration enforcement, they may be making a stronger case for federal deployment in increasingly hostile blue cities.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

315 thoughts on “Always Ready, Always There: Democrats Mobilize Against the National Guard Deployment”

  1. Trump is doing an excellent job diverting America’s attention away from the national debt our children and grandchildren will inherit!

    Not only did Trump divert attention away from America’s upcoming bankruptcy – he added $45 million to the deficit with his own birthday parade in Washington, DC.

    During his first term, on an annual average, Trump was the biggest spender per year than any president since Ronald Reagan.

    Great job at diverting us!

  2. Sigh. I used to really enjoy this blog. It was always educational and readily made a serious attempt at an honest debate on mostly contemporary legal issues involving political law. Many times Professor Turley presented the merits of several sides of an argument and the blog had serious intellectual value. Those days have evaporated. It now offers very little value to any reader at this point outside of attempting to serve a base audience. It can be argued that it doesn’t even do that effectively anymore because the blog fails to cause even that audience to think. There are not many unbiased blogs out there anymore and that now includes this one. That is a honest shame.

  3. YMMV, but Trump just jumped the shark for me, at least on the immigration issue:
    Trump plans executive order to block deportations for farm workers
    https://justthenews.com/government/white-house/trump-plans-executive-order-block-deportations-farm-workers
    I have become increasingly suspicious lately that some deep-state-type behind-the-scenes manipulators have found ways to work the puppet strings on Patel and Bongino, among others in this administration. But this action by Trump makes it appear very likely to me that he is also doing the bidding of some unelected powers, and that those powers might well have interests that do not correspond very well with those of US citizens. How the H** does this comport with *any* of Trump’s previous rhetoric on illegal immigrantion? Were illegal immigrants that labor for certain business sectors originally intended to be *less* illegal than the rest? Do illegal immigrants that are nominally employed by the agriculture or hospitality industries have some immunity to being recruited by MS13 or Tren de Aragua? Are none of the illegal immigrants currently rioting lawlessly and violently in LA employed in those industries? Maybe a reasonable explanation will be forthcoming for this shortly, but I’m not planning to hold my breath. For now, I am thoroughly disgusted!

  4. According to today’s news, none of the National Guard troops have received a paycheck. The reason why was it’s an unconstitutional, illegal and totally unnecessary photo op.

    Trump – without permission of a governor – ordered 4000 National Guard troops to violate the First Amendment rights of less than 60 protesters.

    99% of the protesters were exercising legal non-violent First Amendment rights. For over 200 years it’s been illegal in America to practice “guilt-by-association”. Trump supported this American value on the January 6 insurrection attempt.

    On the January 6, 2021 coup attempt, Trump supporters exercising their legal First Amendment rights were not charged with felony crimes and didn’t serve prison sentences. Back then Trump supporters opposed “guilt-by-association” being practiced last week by Trump officials.

    Under Section 3 of the 14th Amendment, Trump and his coup plotters should have been banned for life from ever serving in government ever again. Republicans in Congress were derelict in the duty to do that.

    If any future president can subvert the U.S. Constitution like Trump has, your 2nd Amendment rights are gone also. You can thank Trump for that outcome.

  5. One woman whining that they don’t know who these deployed people are? How about CA residents in the Guard! How about wonderful members of the wonderful USMC! Quite a few blabbering people alleging that there has been no violence in Los Angeles? How about rioters throwing chunks of concrete curbing or commercial grade fireworks or home-made incendiary devices or frozen waterbottles! Thanks to God for FoxNews – or we wouldn’t know what has been happening in Los Angeles – or the other cities where ill-informed folks and paid rioters have been cropping up. (The “heritage “media” again fails to engage in journalism, print or broadcast.)

  6. My conclusion is that the strategy of the scumbag Democrat pols is to eliminate any alternative for Trump to quell these riots that does not require a “shooting solution” of some kind, and then immensely play up the casualties in an attempt to foment massive misbehavior across the nation. They don’t give a damn how many of their deluded followers they sacrifice in this effort. I would also like to call your attention to a very interesting article by Andrew Korybko with a fresh perspective on these riots, and possible exploitation of same by the cartel-enslaved Mexican government:

    The LA Unrest Poses A Pressing National Security Threat To The US
    https://voiceofeast.net/2025/06/09/the-la-unrest-poses-a-pressing-national-security-threat-to-the-us/
    “This is because it concerns the country’s second-largest city, could disrupt one of its top economic hubs, and might evolve into an irredentist campaign by Mexican nationalists and their US leftist allies.”

  7. If the Posse Comitatus Act prohibits the President from using troops to intervene in law enforcement, then Trump’s (and many other presidents’ actions) also violated that law, indicating a perhaps-necessary tradition worth respecting.

    But I question whether Trump’s specific form of law enforcement in California was a unique situation created by DHS which unnecessarily (and maybe criminally) triggered public panic, paranoia, and riots, thus creating a law enforcement problem.

    The tradition of presidential consultation with the governor of the target state before federalizing troops seems like an essential constitutional genuflection of the federal Commander in Chief powers to the States’ police power and the architecture of American Federalism itself.

    1. “The tradition of presidential consultation with the governor of the target state before federalizing troops seems like an essential constitutional genuflection of the federal Commander in Chief powers to the States’ police power and the architecture of American Federalism itself.”

      The principle you cite seems sound, however, your citation of the history that you claim to support such a requirement, not so much. In September, 1957 Arkansas Governor Oval Faubus called out “his” National Guard to *prevent* the integration of Little Rock Central HS in compliance with the decision of SCOTUS in Brown v. Board of Education. President Dwight Eisenhower promptly federalized the Guard to stymie Faubus. While the original call-up *was* done by Faubus, Eisenhower certainly didn’t appear to do much “consultation” with the Governor before federalization. I won’t pass judgement here on the Constitutionality of Eisenhower’s actions, but it does go a long way toward debunking your”tradition” contention.

  8. There is a core group among the so-called “protesters” that is comprised of paid mercenaries who were hired to foment violence.
    Someone is working with them to place things like metal baseball bats in hidden places so that they can then be retrieved and used by the criminal gangs embedded in with the rest of the “protesters.”
    I sure hope that the FBI and DOJ are investigating the support operations, funding, financing, etc so that they can roll up the entire operation.
    The same individuals seem to show up at every violent “protest” no matter in which city it occurs. Those people need to be in prison.

  9. I have a question. Who has time to go to riots and “demonstrations” if they have a job or career and are contributing to society?

    A third grader can figure this out.

    1. #9. The same paid rioters that Soro’s, and the NGO cartels have provided for all the other peaceful riots. The reason they wear masks is because it makes it easier to id them from peaceful riot to peaceful riot.

    2. I have a question.
      Who has time to spend all day everyday on worthless MAGA blogs if they have a job or career and are contributing to society.

      A third grader can figure this out.

      1. Who has time? People like me, who made enough HONEST money that I could retire early and leisurely spend mornings reading and laughing at garbage posts from trollers. A second grader can figure that out.

        1. Spending time reading garbage posts from trolls seems like a waste of a good retirement.
          I’m sure you could find something better to do do.

          1. No (georgie?) spending time reading garbage posts is considered keeping your brain sharp by practicing what is called discriminatory assessment or discriminatory comprehension, you know, the ability to maintain READING COMPREHENSION and separate the garbage from the recyclable. And a good hearty laugh (thank you for contributing to that) is good for those alveolar sacs , ya know?

                    1. I don’t write for MY amusement.
                      I write for my simple minded audience.
                      It’s a tough job, but someone has to do it..
                      It’s my job, George Soros pays me big money.

    3. I’m a third grader and I can figure out that the cartel$ are a big contributor to the riots. They have a lot to lose, the human trafficking and the drug trade, The Democrats are being funded by the trial lawyers who want to defend these thugs at US taxpayer expense. Why do you think the Democrats are flying all over the world to support the thugs. As a third grader, I know to follow the money.

  10. Democrats are insane. Their hatred for Trump makes them oppose whatever he does. So they prefer their cities in flames and property destroyed just because Trump wants the National Guard to restore order. It’s irrational.

    I really hope voters appreciate how insane today’s Democrats are.

    1. As of last night–only 56 people had been arrested in Los Angeles. The fat one just ordered up an additional 2,000 troops to LA. WHY? The LA Police and Sheriff’s Department are more than capable of handling 56 arrests and they did not want or need this “help” and they told Trump so. And, there’s no ongoing violence whatsoever. There’s no “order” that needs to be “restored”. Claiming that there is “order” that needs to be ” restored” by Trump IS irrational. Mayor Bass told Trump that deploying federal troops would only serve to inflame the situation. BUT, that’s exactly what Trump wants–it’s the optics, it’s all about deflection, along with the fat one’s irrational hatred of California, of rising star Gavin Newsom, and the need of the fat one to play tough guy. The fat one even threatens to arrest Gavin Newsom, who called out Trump as the “stone cold liar” that he is for claiming that he discussed sending in troops with the Governor.

      If anyone is insance it’s MAGAs who believe the lie that there is ongoing violence in LA, that the city is out of control, is on fire and that property is being destroyed. Given the large number of protesters, the few incidents of property damage are minor in comparison with the Watts riots and the George Floyd protests. And, BTW, why didn’t the fat one send help to California when the wild fires were raging? Because he didn’t need a diversion away from the bad news about his utter failures at that time or Musk’s outing of Trump being in the Epstein files, or his failed Big Beautiful Bill or his failed claim of “90 deals in 90 days”.

      And, BTW, did you see the video of Trump stumbling on the steps of Air Force One? You know–the same steps Biden stumbled on that gave rise to MAGA media claims that this is proof that Biden was incompetent.

      1. No ongoing violence? Rioters injured 6 police the first night.

        Rioters set fire to a bunch of Waymo self-driving delivery cars, which cost over $100,000 each. The Lithium battery fires are toxic and impossible to douse. They looted businesses. Set fires, knowing full well 2 LA county cities, Pacific Palisades and Eaton, just burned. In fact, they also set some brush fires in Pacific Palisades to draw off some of the emergency services. They broke apart concrete planters and chucked concrete and bricks off overpasses at cop cars, which is attempted murder. They damaged police vehicles, and people just driving by. They trapped people by closing streets, preventing them from getting home. Set dumpster fires and tossed in electric vehicles, to make a bigger blaze.

        Democrats ALWAYS riot. Over and over and over again. Rodney King. Compton. Watts. 2016 when Trump won. Heck, they just rioted in LA months ago. Every time LA riots, local economy drops, and more businesses go under. Many businesses already closed, due to the rampant shoplifting from Democrat pro-criminal policies. CA has been hemorrhaging taxpayers for a while now.

        Karen Bass wouldn’t let the LAPD just disperse everyone. LAPD had to watch much of this. Protestors spray painted “Death to AmeriKKKa”, and waved flags of other nations, especially Mexico. In the same breath, they proclaimed their allegiance to other countries and contempt for the US, while also claiming that deporting them was inhumane.

        It has become clear that the Democrat plan to create a supermajority was to import millions of illegal aliens as quickly as possible, fight their deportation, demand that they tie up the immigration court for decades, collapsing the court infrastructure from sheer volume, until they had children born here, to become an unbeatable voting block.

        Democrats take the black vote for granted, and the black vote is about to become irrelevant. This is why Democrats ignored the outrage from black poor voters, upset at all the billions of dollars poured upon 10 million illegal immigrants, housing them, feeding them, providing help with rentals, providing help with down payments to buy houses (in CA), giving them Medi-CAL health insurance in CA, and cutting benefits and services for citizen and legal resident poor to pay for them. (See NY Mayor Adams’ comments about how all services had to be cut to take care of all the illegals.) Black Americans comprise 13.7% of the population. 19.1% are Latino, and that number could be far higher by now. I predict that within a decade, Democrats will call black Americans racist xenophobes for opposing illegal immigration, and who hate the poor for opposing all the benefits given to illegals.

        1. Only 56 people were arrested? So what you are saying is that the local officials complete failure to do their jobs means Trump shouldn’t do his? That’s a bit bizarre, don’t you think? As to whether local officials want the federal government there, the short response is “who cares”. It’s not for them to decide. We are talking about protecting federal law enforcement officers in the pursuit of their lawful duties, protecting federal buildings and facilities, the enforcement of federal law, and the protection of innocent people. State officials may refuse to participate in the enforcement of federal law, but they cannot affirmatively interfere with them. If they do, harbor fugitives (which illegal immigrants are), obstruct justice in any other way, or incite rioting, among other things, they are just as prosecutable as any private party doing the same thing. For that matter, so too would be Congressmen and Senators. Congressional immunity only covers certain things.

          1. Tom: tell us, please–what do you think Trump’s “job” IS? Trump does NOT have the authority to go over the Governor of California and call up the National Guard–all for the sake of his ego. Why can’t you MAGAs see reality? Trump needs a deflection away from the bad publicity–he knows reporters will go to California to cover the protests HE caused by trying to arrest people without arrest warrants, for yanking a sick 4 year old girl away from her mother–instead of the gang members and violent criminals he said he would deport. He doesn’t want those cameras following around Republicans on Capitol Hill who refuse to vote for the Big Beautiful Bill after lying about not touching Medicaid and throwing 14 million people off of health insurance, and the bad publicity that will generate. He doesn’t want publicity over his tariffs and his on-again–off -again wishy washy trade war and the uncertainty it creates. So, as usual, he creates a diversion.

            Your hero has had people arrested who have pending asylum applications who show up for appointments at immigration facilities. Trump IS the cause of the protests–and, they are spreading, all over the country.

  11. Arresting criminals and deporting illegals is not escalation on the part of Trump, so trying to argue both sides should “de-escalate” makes you come across as DNC propaganda.

  12. You just proved your dear leader’s point: He can shoot someone in th emiddle of 5th avenue and guys like you will find a way to whitewash it–Aren’t you concerned that they did not even get the law right? I guess such facts are not that big a deal in your make believe MAGAverse and I don’t care if you reach a billion readers–You have enabled a destruction of America–quite a legacy, isn’t it?

    1. can you provide a well reasoned rebuttal response, citing case law and precedent? Or just rant and rave because you are stricken with delusional TDS.

    2. No, he is telling the truth. You liberals can’t have it both ways. January 6th was insurrection, no rocks or fire bombs thrown, and this bunch are peacefully protesters. The People are tried of this criminal behavior.

      1. January 6th was an insurrection because the goal was to prevent Joe Biden from taking office by disrupting the acceptance by Congress of the certified votes–all based on a lie. The protests in LA are over ICE arbitrarily arresting people without warrants, and who don’t have criminal records. The Democratic Party did not lie to people and tell them to “fight like hell or you’re not going to have a country any more”. There were a few incidents of property damage, but only 56 arrests–which the LA police and County Sheriffs are more than capable of handling. Trump was told that sending in the Guard and Marines would only exacerbate the situation–but no one tells him what to do, and he is hell-bent on pushing the limits of executive power, believing that, somehow, he can be a king that rules via Executive Order. Plus, he is jealous of Gavin Newsom and the fact that Trump is so unpopular in California. Another reason Trump sent in troops because he is trying to create a diversion away from his failures–no “90 deals in 90 days”, the Big, Beautiful Bill on life support, all of the Court losses, the feud with Elon Musk–he has to “prove” he’s a “tough guy”–all he is does is prove that he is a thin-skinned malignant narcissist with a sociopathic personality disorder.

        You MAGAs are not “the People” and don’t speak for “the People”–you are members of a cult of personality.

        1. No, it wasn’t an insurrection; it was just a riot and a pretty weak one at that. Let’s start with this. “Overturning an election” is not a crime. Efforts to correct perceived irregularities that interfered with a free and fair election, whether that perception is accurate or inaccurate, is irrelevant. it is not election interference, and it is not conspiracy defraud, insurrection, treason, incitement to riot. Neither, as an aside, is it trying to “undo” an election if he believes, rightly or wrongly, objectively or subjectively, that the election results were achieved by improper and illegal means. If he is right then the election was invalid and therefore void. One cannot “undo” something that was not properly done in the first place. Trying to accomplish this by filing lawsuits, contacting state, local, or federal official to investigate and correct improprieties, or demonstrating before Congress toget Senators and Representatives to vote the way you want them to are all protected by the First Amendment’s speech and assemblies clauses. Those who trespassed are guilty of trespassing, but not insurrection. Those who rioted and caused damages or injured someone are guilty of that, but not insurrection. In fact, inciting an insurrection would be an oxymoron since an insurrection is, by definition, an organized and sustained campaign of force intended to overthrow an entire government for the express purpose of substituting themselves for that government. Obviously no insurrection existed here as the purpose was not to overthrow the government and to substitute themselves, but to persuade their Senators and Congress to do their jobs in the way the protestors believed was right. Congress itself believed it has the authority to do so, that they are not mere rubber-stamps. They even have their own rules for challenges and historic precedents (in the Great Compromise of 1877). January 6th was a riot, plain and simple. One can incite a riot. One can plan and participate in an insurrection, but insurrections are not incited. Educate yourself before you speak. It is less embarrassing that way.

    3. Anonymous wants the child rapist and wife beaters to stay on the streets. She also likes the people who sell fentanyl that kills America’s young people. Through her statements she has proven this to be true over and over again. People who do these things are put in prison and separated from their families everyday. When Anonymous hears that such things are happening she jumps to the defense of the rapist and killers. What a fine person standing up for those who rape innocent children and punch their wives. Well done Anonymous.

      1. TiT,
        You are right. That is the face of the modern Democrat party. They are the party of violent criminal illegals. They are the party of riots, arson, property destruction. They are the party of violence against LEOs. They are the party who wants to dox LEOs and their families for acts of harassment and intimidation. They are the party of lawlessness.

  13. *. Yes, they’re ticked off after the Biden Mayorkas regime used them and there’s nothing for them here except poverty. Biden Mayorkas should be horsewhipped with the border is secure testimony. What a great nation Newsom and mayor Bass. Boy, you’re great… dimwits.

  14. Hakeem Jeffries needs to be held responsible if anything happens to an ICE agent or family member or property of the ICE agent. IMHO, he is an accessory “before the fact”. It is reckless by those in authority to use words loosely and freely that some unstable people may act on. Our elected officials need to grow up and do the job they have been hired to do through the elections.

    1. he’s a black democrat. he will never be held to human standards. what kind of drugs are you on, sir?

Leave a Reply to Karen SCancel reply