Interesting. So am I correct in assuming that invoking Title 10 would be limited by the Posse Comitatus Act? (i.e. prohibited unless the Insurrection Act is invoked). Trump never invoked the Insurrection Act, so he couldn’t have sent NG troops to MN and WA without their Governors’ requests, despite what he has said on numerous occasions at his rallies.
On a side note, it’s interesting that Trump never declared the Insurrection Act either during the summer of 2020 or in Washington on Jan. 6th. That would seem to be a political calculation on his part rather than a strict legal prohibition. Both situations could reasonably have been argued to have qualified. Lyndon Johnson invoked the act 5 times to deal with riots. JFK invoked it three times, and FDR invoked it once to deal with a riot. The last time a President invoked the Insurrection Act was in 1992 when Bush Sr. called out the NG to deal with the Rodney King riots in L.A.
***So am I correct in assuming that invoking Title 10 would be limited by the Posse Comitatus Act?
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Perhaps. I do remember a number of NG troops getting sworn in as deputy US Marshals prior to Inauguration Day. https://sofrep.com/news/2000-national-guard-soldiers-sworn-in-as-special-deputy-u-s-marshals/
IIRC, in WA at least Inslee called out the NG at the request of the Mayor of Seattle (remember the Summer of Love?). I think that he only did it for optics (See! I am doing something!), and to prevent President Trump from sending in a larger NG contingent (only 200 were mobilized) with different rules of engagement. The NG in Seattle had to follow the direction of the SPD (Seattle Police Department) who in turn were hamstrung by City politics and policies.
As for the Insurrection Act, it probably couldn’t be enacted because the rioters were initially viewed (and allowed) by the city as protestors expressing their First Amendment Rights.
🐷