JOHN YOO: 'No Kings Day' protests: Trump has constitutional, legal power to keep the peace

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JOHN YOO: 'No Kings Day' protests: Trump has constitutional, legal power to keep the peace

Protesters are gathering Saturday in hundreds of cities and towns for a "day of defiance" of the Trump administration. They have a First Amendment right to voice their criticism of the nation’s policies. But if the protests escalate from speech to violence, President Donald Trump has the constitutional and legal power to use troops to restore basic law and order.

Anti-ICE riots in Los Angeles in the last week have put the need for decisive presidential action on full display. Television news has shown scenes of violence that seeks to obstruct the enforcement of federal immigration law. Protesters have launched riots to block and forcibly enter federal buildings, attacked federal officers, and prevented DHS agents from carrying out arrests. They have shut down freeways and blocked traffic. The riots have spread to other cities, such as Austin, Chicago, New York and Denver. Video of the mayhem on TV has shown obvious efforts to stop DHS from apprehending and removing illegal aliens under federal immigration laws.

In response, President Donald Trump this week called up 2,000 California National Guardsmen and 700 Marines to Los Angeles. Rather than welcome federal assistance to restore order, Democrat Gov. Gavin Newsom greeted the troops with hostility. He declared the deployment "an illegal act, an immoral act, an unconstitutional act" and accused President Trump of undertaking "the acts of a dictator, not a President," and dared federal authorities to arrest him.

https://www.foxnews.com/opinion/joh...ump-has-constitutional-legal-power-keep-peace
 
Contrary to the inflammatory rhetoric of Newsom and other California officials, the initial military deployment rests well within the president’s powers. Trump declared that the mission of the military units is to "temporarily protect" federal agents in Los Angeles "and to protect Federal property, at locations where protests . . . are occurring or are likely to occur based on current threat assessments and planned operations."

So far, Los Angeles 2025 has not yet collapsed into the chaos of Los Angeles 1992. The administration today is not replacing the states' responsibility to maintain basic public safety. Instead, Trump is enforcing federal immigration law; in fact, the Supreme Court in Arizona v. United States (2012) has declared that only federal officials may carry out immigration law and policy.

The Supreme Court has long recognized the presidential power to use the military to protect federal law enforcement officers carrying out federal law. In In re Neagle (1890), the Supreme Court upheld the use of force by a federal marshal who killed an attacker of a Supreme Court Justice. Even though no law authorized the use of force, the Court ordered the marshal freed:

We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace.

Because of federal supremacy over the matters entrusted to it by the Constitution, the president has the power to protect the security of the officials who carry it out.

In the face of nineteenth-century labor strife, the Supreme Court expanded Neagle to include not just the protection of federal personnel, but also their functions.
 
He declared the deployment "an illegal act, an immoral act, an unconstitutional act" and accused President Trump of undertaking "the acts of a dictator, not a President," and dared federal authorities to arrest him.
In a free country, whether he was right or wrong, he would have no fear of being arrested for saying that. The fact that trump is threatening to arrest Newsom for speaking freely is proof that wha Newsom is saying is true.
 
In a free country, whether he was right or wrong, he would have no fear of being arrested for saying that. The fact that trump is threatening to arrest Newsom for speaking freely is proof that wha Newsom is saying is true.
That isn't a fact. It's a dumb lie. Good lord, you brainless lefties have issues with reality and common sense. :palm:
 
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