California don talk say dem go carry President Donald Trump go court because of im decision wey go make California National Guard turn federal force, na Governor Gavin Newsom yarn dis one on Monday.
Over di weekend, Trump waka pass di power of di California Governor and order at least 300 National Guard soldiers make dem enter Los Angeles go stop protest wey bin dey peaceful. Di protest bin dey happen because of ICE immigration raids.
Trump use one old federal power wey dem no dey too use take do di matter, na di first time since 1965 wey president go activate National Guard from one state without di governor ask am.
Governor Newsom talk for social media say, “Na exactly wetin Donald Trump want be dis. E pour fuel for fire and illegally turn di National Guard to federal tool.”
“Di order wey e sign no be only for California. E fit use am enter ANY STATE do same thing. We go carry am go court,” e add.
Normally, one law from 1878 wey dem dey call Posse Comitatus Act no dey allow federal government use military for civilian matter. But some presidents don override di law before, like about 30 times, using another law wey dem dey call di Insurrection Act of 1807.
Dis Insurrection Act dey give president power to use soldiers when kasala burst for country — like protest, violence or when law no dey work.
But experts don talk say di law too wide and president fit abuse am if dem no careful.
Trump no use di Insurrection Act this time. Instead, e use one part of Title 10 for US law — Section 12406 — wey talk say president fit call National Guard enter federal work for three reasons: foreign invasion, rebellion or when e no fit enforce law.
Trump use di “rebellion” part take justify wetin e do. For im memo, e talk say if protest or wahala dey stop government from doing law, e be like rebellion.
“I dey call members of National Guard into federal work under Section 12406 to protect ICE and other federal people wey dey do government work, especially where protest dey or go happen,” di memo read.
But di same law still talk say di orders suppose pass through di governor of di state. So lawyers dey confused — governor fit say no? Or president fit override am?
One lawyer, Joseph Nunn, wey dey Brennan Center for Liberty and National Security talk say: “If na only president suppose get di power, why di law go talk say make governor give di order? Wetin go happen if governor no gree?”
Trump also write for di memo say e dey use di power wey di US Constitution and laws give am, meaning say him believe say as president, e get natural power to use military for law enforcement.
Liza Goitein, one scholar for Brennan Center, talk say: “Make we no too focus on which law Trump dey use. Wetin matter be say e wan use military to handle protest by Americans. Dis kain thing dangerous for democracy and public safety.”
Since Trump second term start, e don dey use military enter law enforcement small small.
For April, e give order say make Attorney General and Defence Secretary look how dem fit use military help stop crime.
First day wey Trump start second term, e sign another order declare national emergency for US-Mexico border, and tell military and security people make dem do report whether e go make sense to invoke di Insurrection Act to take control of di border.
Even though dem no advise am to use am that time, dem no close di option.
