Donald Trump has been making a habit of invoking emergency powers to provide legal justification for unprecedented actions, ranging from launching a global trade war without the assent of Congress to using a two century-old wartime law to deprive undocumented immigrants of due process in an effort to deport them. In both cases, legal experts said there was no suitable emergency in the first place, and that the actions violated the letter of the laws being cited. (Also in both examples, litigation ensued that will likely end up before a Supreme Court that’s demonstrated a keen willingness to expand presidential power.) So when it comes to the Republican president’s latest gambit—invoking yet another emergency power to send National Guard troops to Los Angeles—California Governor Gavin Newsom says Trump has gone and done it again. The state said it is suing the administration for what it calls the illegal deployment of its troops—which the Democratic governor condemned as “illegal and unconstitutional.” California Governor Gavin Newsom, left, and President Donald Trump at Los Angeles International Airport on Jan. 24. Photographer: Mark Schiefelbein/AP Photo For four days, Los Angeles has witnessed anti-deportation protests sparked by paramilitary-style immigration raids on local workplaces by Trump administration agencies. In taking control of California’s troops, Trump issued a proclamation saying the protests “constitute a form of rebellion against the authority of the government of the United States.” He invoked a law giving him authority to use the National Guard when there is a “rebellion or danger of rebellion” against the country or when he’s “unable with the regular forces to execute the laws of the United States.” There are a few problems with that, says California Attorney General Rob Bonta. “The language is clear,” he explained. “One, you need to have a rebellion. There’s no rebellion. Or two, you need to have an invasion. There’s no invasion. Three, you need to be unable, with the regular forces, to execute the laws of the United States.” State and local officials have repeatedly said no militarized response was warranted to execute those laws—but to no avail. Trump, who has long criticized both California and Newsom, is said to be escalating the situation further, sending active duty Marines to the city as well. —David E. Rovella and Natasha Solo-Lyons Dear Evening Briefing reader: Please take a moment to help us improve our newsletters. Take a quick survey to share your thoughts on your signup experience and what you’d like to see in the future. |