Fox News contributor Jonathan Turley stopped by Hannity Wednesday night to offer his professional analysis of the ongoing feud between President Trump and Governor Gavin Newsom: Does Trump have the authority to send in the National Guard to quell anti-ICE riots in Los Angeles?
Newsom says no and has filed a lawsuit — but Turley says yes.
“Courts are not in a position to second-guess a determination of this kind. Cases going back to James Madison have said that courts do not have that role in determining when a president issues an order of deployment of this kind. And under Title 10, it says that the president may federalize a National Guard and says that that order shall be issued through the governor,” Turley told Sean Hannity.
“Governor Newsom saying ‘Well, that means that I also have to sign off.’ I think that’s pretty wrong-headed. The Congress knew how to say that a governor makes a separate decision. There’s two other provisions under Title 10 that say that the governor has to give his consent or make a request,” Turley said. “Congress didn’t do that here. It said that the president issues the order based on what he believes is a threat, and that order goes through the office of the governor. So I think that this is a very weak argument going before the court.”
“The Department of Justice just filed a brief in response to that request to enjoin the deployment of the National Guard, and it’s a virtual anvil, just landing on the California brief. They really take apart California’s arguments and say that ‘No, the president does have this authority,’” Turley said.
“Basically, California is trying to get the court to assume that they’re going to be acting in a lawful manner, that they’re going to be performing law enforcement functions. They repeatedly state that they are there to protect law enforcement, protect federal buildings,” Turley said.
Watch Truley’s analysis above.
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