It falls under Section 1076 of the John Warner Defense Authorization Act expanding the presidents authority to federalize the National Guard during certain emergencies and disasters. The president would be able to exercise such authority without a governors consent.
Specifically, the president would be allowed to employ the Armed Forces and the National Guard to restore public order in certain situations, namely in times of natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident or other condition.
Section 1076 was enacted in October 2006, as part of the Defense Authorization measure (Public Law 109-364) revised the Insurrection Act of 1807. The Insurrection Act empowered the president to use the U.S. military as a domestic police force when laws are not being enforced, or the rights of citizens are being denied due to insurrection, domestic violence or conspiracy. Section 1076 of the Defense Authorization Act says the National Guard units can be mobilized at any time by presidential order.
It’s just another grandstand play to appear to punish Trump. I feel since the governor is assisting the illegals in federal trespass and endangering the citizens, he should be arrested as an accessory.
rwood
Agreed 100%.