President Donald Trump has signaled he intends to deploy the National Guard to other US cities after doing so in Los Angeles earlier this summer, and Washington, DC. CNN Senior Legal Analyst Elie Honig explains the legal hurdles he may face.

Washington

Donald Trump has previously deployed the National Guard in Washington D.C. and California, utilizing different legal authorities in each case. In Washington D.C., the president directly controls the National Guard, making deployment straightforward. In California, Trump invoked the Insurrection Act to deploy the Guard during protests, a move that was upheld by an appeals court despite legal challenges from the state governor.

However, deploying the National Guard in other states presents more significant legal challenges. In most states, the governor controls the National Guard except in certain emergency situations. Without clear emergencies such as protests or riots, it is uncertain whether high crime rates alone would justify federal intervention under the Insurrection Act. As a result, the legal environment for deploying the National Guard in other states is considerably more complex and restrictive.

Can Trump deploy the National Guard to other cities?

Donald Trump has already deployed the National Guard in Washington D.C. and California, and now he wants to do it elsewhere. But can he? It's going to be way more difficult for him to do this in other states. First of all, Washington D.C. is completely unique. Under the authorities vested in me as the president of the United States, I'm officially invoking section 740 of the District of Columbia Home Rule Act. In all the other states, the governor controls the National Guard, except for in emergency scenarios. But in Washington D.C., it's the president who controls the National Guard. There was no legal problem with Donald Trump deploying the National Guard in D.C. And in California, Donald Trump used an old law called the Insurrection Act. Now, this law has not been used since 1992. What Donald Trump said is, in the face of ongoing protests by people in Los Angeles against ICE immigration enforcement, he needed to call out the National Guard in order to enforce federal law. If I didn't bring the military in, Los Angeles would be burning down right now. Now, Governor Gavin Newsom sued, but ultimately the appeals court ruled in favor of Donald Trump. Now, here's why it's going to be more difficult in other states. First of all, Trump does not control the National Guard in other states, unlike D.C. And second of all, it's going to be harder for Donald Trump to point to some emergency circumstance if there's not ongoing protests or riots. Trump might try to argue that crime rates are high or increasing, but it's not clear whether that's going to be enough to let him mobilize the National Guard under the Insurrection Act. So thus far, Donald Trump has been able to use the National Guard in D.C. and California, but when he gets to the other states, he's going to find that the legal environment is much more difficult.

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