Guard call up is invalid- they can be held personally responsible.

[James48]

Guard Members ordered to duty were not properly activated-

The Governor's office states the call into Federal service of members of the State's National Guard was not issued through the State's Governor -- as required by federal law -- nor was it transmitted to, nor approved or ordered by.

"Orders for these purposes shall be issued through the governors of the States" -10 U.S.C. 12406, National Guard in Federal service: call https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12406&num=0&edition=prelim

https://www.whitehouse.gov/presidential-actions/2025/06/department-of-defense-security-for-the-protection-of-department-of-homeland-security-functions/

Basically that means they aren’t properly activated, and , if anything happens, they may be held personally responsible- as their normal governmental immunity is now in question. Those Guard are not properly activated. They should stand down and be sent home. They are not there properly.

[marble falls]

1. Will TACO taco or will he pardon all the troops, or will he double down? Get popcorn out!

[Javaman]

2. Gavin needs to communicate this directly to those soldiers.

watch them melt into the scenery.

[Doodley]

3. I recommend the protestors print that and hand them out to the National Guards.

[HariSeldon]

14. I recommend blunt-nosed paper airplanes

It's really hard to construe those as "weapons."

[FailureToCommunicate]

24. Love it!

https://www.foldnfly.com/#/1-1-1-1-1-1-1-1-2-1

[FailureToCommunicate]

23. Yes! If only they could be dropped from upper story windows, like confetti parades.

Similar to dropping "surrender" leaflets on enemy troops in the war(s).

[dem4decades]

4. I doubt this matters, since when have laws stopped Trump?

[spooky3]

5. I think the goal is to let the Guardspeople know--they don't have

Immunity so should make their own decisions regardless of what TSF wants.

[Silent Type]

6. So far, I've only seen LA police roughing up anyone. In fact, other than National Guard around detention center, not

sure Guard has been involved in anything.

In any event, the immigrants -- missing a paper or two who are likely hiding at home -- are the ones who'll get hurt out of all this.

[brush]

7. The convict doubled down even worst by calling up Marines, active duty troops...

which are not to be deploy on US soil.

We are now in a dictatorship as the convict disobeys the law and the Constitution.

[Kaleva]

18. The Insurrection Act of 1807 applies here

An Act that was used by Ike and JFK

[surfered]

8. A friend was an officer in the Army in Vietnam. He was ordered to go into Cambodia, armed with a camera and

accompanied by a group of ARVN (Vietnamese) soldiers. He refused the order as it was illegal. Until Nixon ordered the incursion, it was outside the authorized area of operations.

Nothing happened to him, but it probably hurt his career. He didn’t pursue one as he became disillusioned with the war and was honorably discharged as a Captain..

[HarryM]

9. If they are smart (Which I believe they are)

They will charge people under state laws. This way Donny cannot pardon them.

[reACTIONary]

10. Charge who? For what?

[Fiendish Thingy]

11. Clearly, you are mistaken

Or do you seriously think Newsom is ignorant of the law?

While he has protested the deployment of the NG, Newsom has said nothing about the section of the law you quoted- Trump federalized the CA NG, so the law you quoted does not appear to apply in this case.

Other laws may have been broken, most likely federal laws, but that remains to be seen.

[Celerity]

13. Thank you, although if past is prologue on DU, this misinfo OP will rack up 100+ recs.

[Fiendish Thingy]

15. A lie travels around the world...

Before the truth can get its pants on.

[Celerity]

27. as predicted, 122 recs and counting

[Kaleva]

17. +1

[ancianita]

19. Why "clearly." The OP clearly infers Newsom's likely position; so what if it doesn't mention Newsom. You're

clearly creating a strawman argument over a fluid legal situation right now -- that the OP assumes that Newsom doesn't know the law, and that this isn't the law Newsom would/could apply because ""maybe we don't know if" .
If you're not a lawyer, the question is why. It's just not helpful.

Newsom's still working out the constitutional language that represents other states' rights under the US Constitution. It's language that in this current context, might get appealed to the SCOTUS. IMO, it would be easier for the nine to rule against the defendant felon than for the nine to even consider applying their immunity ruling re the felon's "'core duties" to this case by the State of California -- because they would literally overwrite the meaning of states' rights.

The overall spiritof the OP still helps get people thinking, which, in this fluid situation, is a good thing.

[Fiendish Thingy]

22. It's not a strawman argument

The OP made an assertion (a specific law was violated, thus rendering the deployment invalid) without substantive evidence to support the assertion.

My evidence refuting the OP’s claim is that Newsom (and the AG, and other legal experts) have not made this claim. Clearly, despite the “fluid situation”, they have the legal expertise to determine if the law has been violated or since the guard has been federalized, does not apply.

I fully expect Newsom will file suit against this deployment, but I do not expect it will involve the law quoted in the OP, except perhaps obliquely.

[Scalded Nun]

12. So if not properly activated, they are held personally accountable? Would they then be held on

state charges, since they are not acting in a federal capacity. No presidential pardons for them? Especially when they start shooting.

[LexVegas]

16. False. nt

[flashman13]

20. Gavin seems to be growing a pair. He can throw down the gauntlet and have the CA Guard commander

order the guardsmen to return home. He could go one step further and have the Guard detain Trump's unmarked ICE terrorists.

If you are going to go - go big Gavin.

[Mblaze]

21. Trump

Is a living example of the old saw, "It's easier to ask for forgiveness than to ask for permission".

[ancianita]

25. "My evidence refuting the OP's claim is that Newsom (and the AG, and other legal experts) have not made this claim.)..."

You put Newsom in the OP's mouth -- the OP did. not. say. "that Newsom ... have not made this claim" .

The OP simply stated what actually is a fact:

The Governor's office states the call into Federal service of members of the State's National Guard was not issued through the State's Governor -- as required by federal law -- nor was it transmitted to, nor approved or ordered by.

"Orders for these purposes shall be issued through the governors of the States" -10 U.S.C. 12406

...

and you then decided that what you inferred was what the OP implied, when it didn't.


Overall, you have made up a problem with the OP that doesn't exist. The situation right now is still too fluid for you to call out people's facts as opinions, nevermind that they're "clearly mistaken" and making that clearly mistaken understanding the basis for your criticism. In the meantime, I support the point of this OP in the current fluid context of states rights, and am glad it made its way to the Main Page.

I'm done here. Have a good day.

[Blue Ozarks]

26. Grabber

Is a lawless ***hole.
A common thug.
A Putin lap dog.
A wannabe dictator,
he’s cruel and vindictive enough,
but he’s not smart enough to pull it off.

Moral Shame will follow this Republican Congress and SCOTUS into the history books, for posterity.

[Polybius]

28. Before the Civil War, that was correct

After, law was passed so a President can take over the NG. LBJ did it.

[TBF]

29. NYTimes had an article on it yesterday -

I'm a subscriber, so not sure if this link will have paywall:
https://www.nytimes.com/2025/06/08/us/lbj-national-guard-alabama-1965.html

LBJ sent the guard to Alabama during the Selma march.