Judges are weighing the Trump administration's latest attempts to send the National Guard to Portland and Chicago. CBS News' Katrina Kaufman has more on the legal proceedings.

Washington

Federal courts are currently evaluating whether the Trump administration can federalize and deploy the National Guard to states such as Illinois and Oregon without the approval of state governors. The hearings focus on the constitutional balance of power between states and the federal government, as well as the limits of presidential authority in matters of public safety.

A judge in Oregon expressed concern that the administration's arguments could blur the line between civil and military power, and questioned whether there was sufficient evidence of threats to federal property to justify such actions. The use of the Insurrection Act has also been discussed, with legal experts noting that its invocation is rare and typically requires clear evidence of insurrection, as well as coordination with state officials.

Judges weigh Trump administration's right to deploy National Guard

Let's bring in CBS News legal reporter now Katrina Kaufman. She's joining us from New York. We're gonna talk about the whole situation regarding troops being deployed to cities like Chicago and also Portland. So Katrina, thank you. We know hearings are happening today, two of them. What is at stake when it comes to those hearings? So there are some big questions at stake here, but most importantly can the president federalize and deploy the National Guard into states without the consent of those states' governors? So really at play here is the balance of power between states and the federal government. There's also questions about what the check of the court will be on this power. Historically courts have been very deferential to presidential authority when it comes to matters of public safety, but where will they put limitations on this? And what will the role be of federal troops, of the National Guard, on our city streets? There was a hearing over the weekend in Oregon and the judge, Immergud, said that the arguments she was hearing from the Trump administration risked blurring the line between civil and military power. She said with those arguments the president could send military troops virtually anywhere at any time. So she expressed deep concern here, and she also said that she hadn't really seen any evidence of unmanageable assault on federal property or on personnel, which is the federal government's justification for bringing the National Guard in and for federalizing them. And Katrina, speaking of the president's power, we know President Trump has threatened to use the Insurrection Act in both of those states. What kind of legal challenges could that effort face? I mean for one there's the question of what meets the definition, the legal definition that is, of an insurrection? What is a rebellion? Do these protests that are happening, these incidents that the federal government is pointing to, actually qualify as an insurrection under the law? There's also the potential issue that if these National Guard troops break up protests, for example, civil rights group could say that citizens' First Amendment and Fourth Amendment rights are being violated. States and cities could also just say that this is being applied too broadly, that there's no factual or legal basis here. It's important to remember that the last time a president invoked the Insurrection Act was in 1992. That was George Bush, and it was during the Rodney King riots. These were much bigger riots that were going on, and they were with the consent of the governor and of the mayor. So it was a very different situation than what we're seeing today. Yes, certainly, certainly is. Katrina Kaufman, thank you so much for your analysis and your insights. We appreciate it.

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