Governors of many U.S. states and territories have sweeping power to use National Guard troops with relatively few legal constraints. Our new resource, accompanied by an interactive map, catalogues these laws and explains how legislatures can reform them to prevent abuse. bit.ly/4ainiev

State and Territorial Laws Governing the National Guard

Vague, open-ended, and constitutionally questionable laws give governors dangerous discretion to decide when, where, and how to use troops.  

brennancenter.org

Governors of many U.S. states and territories have sweeping power to use National Guard troops with relatively few legal constraints, new Brennan Center research shows. This is a dangerous state of affairs that’s ripe for abuse. Legislatures must act. 1/21

State and Territorial Laws Governing the National Guard

Vague, open-ended, and constitutionally questionable laws give governors dangerous discretion to decide when, where, and how to use troops.

brennancenter.org

It is now crystal clear who is obstructing reauthorization. Cornyn & other reform opponents would rather see Sec. 702 expire than allow reforms to protect Americans’ privacy. Sen. Wyden offered an easy path forward for extending the law. Reform opponents would prefer sunset. 2/2

Senator Cornyn just blocked a 9-month extension of Section 702 with a warrant requirement for backdoor searches. He then blocked a 5-week extension with no warrant requirement, just basic transparency measures. 1/2

Hi folks! A few thoughts on this essay, and the questions that we *should* be asking, rather than the ones this Army officer seems inclined to answer. I haven’t done a CMR thread in a while so I’m overdue. 🧵

President Trump’s deployment of National Guard troops to Portland is off — for now. Last night, Judge Karin Immergut, a Trump appointee, issued a temporary restraining order prohibiting the deployment of ANY federalized National Guard forces in Portland. 1/7

A core principle of this nation is that the military should not be asked to turn its weapons against fellow Americans. We cannot allow this unprecedented militarization of American cities to become normalized. Read: wapo.st/4mQhNHq

This morning, President Trump and Secretary Hegseth spoke to 800 high-ranking generals and admirals who had been called away from their stations around the world. At the meeting, Trump said he’d told Hegseth he should use American cities as “training grounds” for the military. 1/6

The Posse Comitatus Act was created to limit when federal troops can be used against Americans. Four key reforms are needed to make sure the law holds up: bit.ly/47Qbde5

Why the Posse Comitatus Act Must Be Reformed

Significant exceptions and loopholes, along with a lack of enforcement mechanisms, undermine the law that prevents military involvement in law enforcement.

brennancenter.org

“What we are seeing from this president is an assault on the core principle against using the military as a domestic police force. That’s fundamentally at odds with democracy and individual freedom.” @lizagoitein.bsky.social on @slate.com's Amicus podcast.

Trump Wants to Send the National Guard Into Chicago. Here’s What the Law Actually Says About That.

The president can't legally apply his D.C. playbook to Chicago.

slate.com

THREAD: This morning, U.S. District Judge Charles Breyer ruled that President Trump's use of National Guardsmen and Marines to support federal law enforcement in and around Los Angeles violated the Posse Comitatus Act. (1/22) www.cbsnews.com/news/judge-t...

Judge rules Trump's deployment of troops to Los Angeles violated federal law

U.S. District Judge Charles Breyer ruled in favor of California Gov. Gavin Newsom in his challenge to President Trump's deployment of troops to Los Angeles.

cbsnews.com

The Pentagon is reportedly planning to mobilize thousands of National Guard forces and deploy them in Chicago for the purpose of crime control. Trump is on even thinner legal ice with this plan than he is in Los Angeles and D.C. 1/12 www.washingtonpost.com/national-sec...

Pentagon plans military deployment in Chicago as Trump eyes crackdown

President Donald Trump said Chicago is his next likely target to crack down on urban crime. Military planning has been ongoing for weeks, officials say.

washingtonpost.com

THREAD: This may be legal, but it raises a host of concerns. The Trump admin has inserted the military into civilian law enforcement in an ever-growing variety of ways. Individually, these are often minor. Taken together, they start to blur the line separating the military from civilian government.

Ryan J. Reilly “paints a vivid and urgent portrait of… disarray”@ryanjreilly.com · 12mo ago

SCOOP: As the National Guard takes over the streets of DC, military officers are now going to be detailed to prosecute civilian criminal cases for the U.S. Attorney's Office for the District of Columbia www.nbcnews.com/politics/jus...

The past week’s actions in DC "illustrate the dangers of an administration willing to exploit emergency powers and disregard the limits on those powers." New analysis by the Brennan Center's @josephanunn.bsky.social and @sreynolds.bsky.social.

One Week of Trump’s DC Takeover Attempt: An analysis of the president’s use of military, police, and security services in the nation’s capital

Detailed legal analysis of federalization of DC police and the deployment of Guard, DHS and other forces.

justsecurity.org

🚨 One Week of Trump’s DC Takeover 🚨 @josephanunn.bsky.social and I look at the last week in DC: How the feds commandeered the local police, deployed the national guard and federal law enforcement. We go behind the legal abuses and explain what’s next. www.justsecurity.org/119227/trump...

One Week of Trump’s Attempted DC Takeover @sreynolds.bsky.social and I look at how the admin has abused legal authorities to deploy the National Guard, surge federal law enforcement, and attempt to commandeer the local police in the nation's capital. www.justsecurity.org/119227/trump...

One Week of Trump’s DC Takeover Attempt: An analysis of the president’s use of military, police, and security services in the nation’s capital

Detailed legal analysis of federalization of DC police and the deployment of Guard, DHS and other forces.

justsecurity.org

Despite the president's threats, most of what the Trump admin has done in DC this past week is not repeatable anywhere else. Those concerned about federal military intervention in other U.S. cities should instead look to the Trump admin's actions in Los Angeles as a model for what is likely to come.

CNN@cnn.com · 12mo ago

Trump is moving to tighten his grip on Democratic-leaning big cities, the geographic center of resistance to his agenda

The Trump administration practically claims authority "to use the military anywhere, anytime, for any purpose." That's "absolutely unprecedented," says the Brennan Center's @josephanunn.bsky.social.

Trump’s Use of Troops for Policing Hasn’t Been Seen Since America Was Ruled by a King

“The ability to use the military anywhere, anytime, for any purpose — it’s absolutely unprecedented.”

theintercept.com

“This country has a problem when the president has too much authority to use the military domestically.” — Brennan Center's @josephanunn.bsky.social.

Trump's New, Audacious Argument To The Courts

Are there any limits on President Donald Trump’s push to send troops into states that don’t want them? A judge will soon decide.

huffpost.com

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment. @josephanunn.bsky.social @lizagoitein.bsky.social www.cnas.org/publications...

Congress Must Clarify the National Guard’s Section 502 Legal Authorities

Understanding the precise scope of the Guard’s legal authorities is important, because Posse Comitatus Act restrictions

cnas.org

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous." Re-upping two articles via @justsecurity.org: www.justsecurity.org/79971/2022-u... www.justsecurity.org/74098/why-d-...

2022 Update: Good Governance Paper No. 6: Domestic Military Operations

At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

justsecurity.org

THREAD: This morning, President Trump and members of his cabinet announced a set of sweeping, unprecedented, and unwarranted actions to impose federal control over local policing in Washington, D.C.

It’s disturbing to see DHS officials pressuring the U.S. military to turn its focus ever further inward. The military's role is and should be fundamentally outward facing, while domestic civilian affairs should remain in the hands of domestic civilian authorities. newrepublic.com/article/1987...

Trump’s Domestic Use of Military Set to Get Worse, Leaked Memo Shows

A Department of Homeland Security memo obtained by TNR signals top-level discussions about a potential escalation of the Pentagon’s domestic anti-immigration role, and lays out new details.

newrepublic.com

The @nytimes.com is reporting that the Trump administration has requested deployment of 20,000+ National Guard members to help with immigration enforcement inside the U.S. This is an unprecedented move that raises a host of legal and practical concerns. 1/8

The New York Times@nytimes.com · last yr.

The Department of Homeland Security has requested more than 20,000 National Guard members to help with the Trump administration’s immigration crackdown, according to two U.S. officials with knowledge of the plans.