General Discussion

James48

(4,889 posts) Mon Jun 9, 2025, 10:02 AM Jun 9

239

Guard call up is invalid- they can be held personally responsible. [View all]

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.

68 replies

= new reply since forum marked as read

Highlight:

Guard call up is invalid- they can be held personally responsible. [View all] James48 Jun 9 OP

Will TACO taco or will he pardon all the troops, or will he double down? Get popcorn out! marble falls Jun 9 #1

Double Down JustAnotherGen Jun 10 #48

Gavin needs to communicate this directly to those soldiers. Javaman Jun 9 #2

I recommend the protestors print that and hand them out to the National Guards. Doodley Jun 9 #3

I recommend blunt-nosed paper airplanes HariSeldon Jun 9 #14

Love it! FailureToCommunicate Jun 9 #24

Oh dude, you have no idea jmowreader Jun 10 #60

Yes! If only they could be dropped from upper story windows, like confetti parades. FailureToCommunicate Jun 9 #23

I doubt this matters, since when have laws stopped Trump? dem4decades Jun 9 #4

He is losing lots of court cases MadameButterfly Jun 9 #33

I think the goal is to let the Guardspeople know--they don't have spooky3 Jun 9 #5

So far, I've only seen LA police roughing up anyone. In fact, other than National Guard around detention center, not Silent Type Jun 9 #6

and I doubt they WILL do much of anything. There's hardly any protest. No rioting. LymphocyteLover Jun 10 #50

The convict doubled down even worst by calling up Marines, active duty troops... brush Jun 9 #7

The Insurrection Act of 1807 applies here Kaleva Jun 9 #18

What insurrection? LearnedHand Jun 10 #52

Here Kaleva Jun 10 #59

I'm aware of the Act, but there was no insurrection LearnedHand Jun 10 #61

They used the Act to do what they did so it is applicable Kaleva Jun 10 #62

A friend was an officer in the Army in Vietnam. He was ordered to go into Cambodia, armed with a camera and surfered Jun 9 #8

If they are smart (Which I believe they are) HarryM Jun 9 #9

Charge who? For what? reACTIONary Jun 9 #10

Clearly, you are mistaken Fiendish Thingy Jun 9 #11

Thank you, although if past is prologue on DU, this misinfo OP will rack up 100+ recs. Celerity Jun 9 #13

A lie travels around the world... Fiendish Thingy Jun 9 #15

as predicted, 122 recs and counting Celerity Jun 9 #27

+1 Kaleva Jun 9 #17

Why "clearly." The OP clearly infers Newsom's likely position; so what if it doesn't mention Newsom. You're ancianita Jun 9 #19

It's not a strawman argument Fiendish Thingy Jun 9 #22

It is you that are clearly mistaken. W_HAMILTON Jun 9 #40

Indeed, that is the law quoted in Newsom's suit Fiendish Thingy Jun 9 #41

You're saying a suit needed to be filed to .... what? intrepidity Jun 9 #43

The suit *alleges* that particular law was violated Fiendish Thingy Jun 9 #46

I'm confused Bluesaph Jun 10 #47

The governor doesnt sign off DetroitLegalBeagle Jun 10 #51

Was that done? Did they follow the procedure? Bluesaph Jun 10 #58

So if not properly activated, they are held personally accountable? Would they then be held on Scalded Nun Jun 9 #12

False. nt LexVegas Jun 9 #16

Gavin seems to be growing a pair. He can throw down the gauntlet and have the CA Guard commander flashman13 Jun 9 #20

Trump Mblaze Jun 9 #21

Or something like that. intrepidity Jun 9 #44

"My evidence refuting the OP's claim is that Newsom (and the AG, and other legal experts) have not made this claim.)..." ancianita Jun 9 #25

I didn't "call out people's facts as opinions" Fiendish Thingy Jun 9 #42

Grabber Blue Ozarks Jun 9 #26

Before the Civil War, that was correct Polybius Jun 9 #28

NYTimes had an article on it yesterday - TBF Jun 9 #29

I have a paywall remover link Polybius Jun 9 #30

The question is intrepidity Jun 9 #45

In that case it looks like LBJ was trying to protect marchers - TBF Jun 10 #54

This is not accurate! It's dangerous misinformation. Please edit/remove. LauraInLA Jun 9 #31

Are you not aware that Trump federalized this shit specifically so he could do this? Because it sure sounds like it. Karasu Jun 9 #32

Prosecute them all. Moostache Jun 9 #34

arrest them under state law moonshinegnomie Jun 9 #35

All nice but who's doing anything about it? Firestorm49 Jun 9 #36

Does California need to build it's own military Fullduplexxx Jun 9 #37

They already have one basically DetroitLegalBeagle Jun 10 #57

Wikipedia is your friend... progressoid Jun 9 #38

Guest on Nicolle Wallace said the same thing. Katinfl Jun 9 #39

And will the remedy be remedied? William769 Jun 10 #49

How does the fed have authority to send NG troops to Iraq? JohnnyRingo Jun 10 #53

Title 10 DetroitLegalBeagle Jun 10 #56

Thank You. JohnnyRingo Jun 11 #63

K&R bdamomma Jun 10 #55

Here is the Court Pinion calling it a violation of the Comstitution: James48 Jun 13 #64

It's already been reversed on appeal. GaYellowDawg Jun 13 #65

NO it hasn't. James48 Jun 13 #66

Well, I'm glad, then GaYellowDawg Jun 13 #67

What would happen if Newsom ordered his guard to STAY PUT bluestarone Jun 13 #68