Karin Immergut, a federal judge appointed by Trump, said this last weekend that the administration’s justification for deploying California National Guard troops in Portland was “simply untethered to the facts.”
“This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs,” Immergut wrote, chiding the Trump administration for attempting to circumvent a prior order from her against a federal deployment to the city.
“This historical tradition boils down to a simple proposition,” she added: “This is a nation of Constitutional law, not martial law.”
The Insurrection Act gives the president sweeping emergency power to deploy military forces within the United States if the president deems it is needed to quell civil unrest. The last time this occurred was in 1992, when California Gov. Pete Wilson asked President George H.W. Bush to send federal troops to help stop the Los Angeles riots that occurred after police officers were acquitted in the beating of Rodney King.
On Monday, in an interview with CNN, Stephen Miller, White House deputy chief of staff, suggested that the administration would continue working to sidestep Immergut’s orders.
Donald Trump seems to believe he has absolute power.
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