Florida173
SOF Support
This is "deterrance".
Judge rules Newsom regains control of NG; stayed until tomorrow.
@amlove21 remember when I said this would split hairs? That's pretty much what happened.
Quick summary of what I see:
-The Militia act lays out 3 methods in which in POTUS can call up the guard; invasion by foriegn nation, rebellion against authority of the government, and/or government is unable to execute laws. Admin didn't specify citation until in court, when it claimed 2 and 3 applied.
-On rebellion, the definitions from 1890s-1900 led to the following requirements: Armed, Organized, Open/Avowed, and against the Government as a whole. The judge said LA doesn't rise to that level.
-The Feds need to provide more evidence of rebellion, because currently their argument is protests aren't protected by 1A if any violence or interference with Feds occurs.
-On "unable to do duties", Feds didn't provide evidence. In court they said they still completed 40+ arrests on one day, but "could have done more" without protesters. Judge determined that them still accomplishing arrests showed that they were able to execute laws.
-The law requires federalization orders to come from the Govenor. The Feds admitted they didn't talked with Newsom and issued the order directly through the TAG, violating this section of the law.
-There was a section about Posse Comitatus, but the judge basically said "this is speculative because nothing has happened yet".
-Last claim CA made was 10th Ammendment violation (didn't expect that!). Judge says the states have police powers and the Feds don't get to take that over because they dislike how the state operates.
-Both sides agree the Feds have the authority to protect federal personnel and federal property; the judge makes the comment that unilaterally activating 4k CAARNG troops damages the state's ability to properly wield police powers.
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Obviously flip through the doc yourselves, as I'm trying my best to paraphrase what I see as pertinent information. Very possible I missed something or understand it different from how any of y'all might.
What I see happening next:
-Obviously Trump fights this; he's not going to let Newsom get a win.
-This lawsuit was purely about the NG, not Marines. I wouldn't be suprised if Marines replace on duties the CAARNG was doing.
-The Feds will attempt to provide evidence sufficient to meet citation 2; I don't think they'll win on 3.
-They'll also adjust number of activated guardsmen to avoid the 10th Ammendment concern.
…just like the rhetoric out of Florida will likely keep a lid on things. Guess we will see.
Nah. Tampa and St Pete will riot, just like they did after George Floyd. Both cities are far Left, big time LGBTQZ strongholds. And the radical black commie Uhuru party in St Pete never misses an opportunity for anarchy.
There might be some escalation in some protests, but I don't see much for rioting. Tampa's EOC will be active for a quick response
From the 9th, of all places. As I said before cynically, we all know how this plays out.