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Reason
Reason
Politics
Jacob Sullum

Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants

On Thursday, a federal judge temporarily blocked President Donald Trump's deployment of National Guard troops in the Chicago area, saying there was "no credible evidence" that conditions there met the terms of the statute on which he was relying. That decision came less than a week after another federal judge issued a temporary restraining order against a similar deployment in Portland, Oregon. Meanwhile, at a hearing on Thursday in the latter case, a panel of the U.S. Court of Appeals for the 9th Circuit seemed inclined to allow the Portland deployment.

In both cases, Trump is responding to protests against his immigration crackdown, claiming he needs the National Guard to protect federal facilities and personnel. The law he is invoking, 10 USC 12406, says the president "may call into Federal service members and units of the National Guard of any State" in response to a foreign invasion, an actual or incipient "rebellion" against the federal government, or conditions in which he is "unable" to enforce federal law "with the regular forces." Trump says both of the latter two situations exist in Portland and Chicago.

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