I believe the people of this magnificent country are confused about the Executive Branch power to use the military for domestic purposes. Title Ten is what Trump is using to justify the invasion of troops from the National Guard. The National Guard is not directly addressed by Title Ten (10). The National Guard is addressed under Title Thirty-two (32). Why? Because the command of the National Guard is a State’s Right power.
In order for Trump to replace the State’s Governor as commander he has to establish a reason for doing so. That is addressed by US Code under Title Ten, section 12406 (Click here). The military code is long and celebrated.
The judge isn’t saying the authority doesn’t exist, it is that in order to use that authority there are specific reasons. Trump has not established any reason to do so, hence, if he attempts to do so it would be a violation of the law. The judge is making it clear this is not a political issue, but, a legal one. She has ordered a trial as soon as can be established in a couple of weeks to bring this matter to conclusion.
Trump has declared a national emergency. The question is for what purpose? Trump’s presidential emergency declaration is the southern border (Click here). Trump reached back to 2018 in order to attempt to justify the new national emergency. The current order is not applicable to Oregon. Even with the statement that references the entire country, there is not necessarily the Undocumented flooding other states.
Hence, while the power of the Executive Branch unquestionably exists, it does not represent the domestic situation in Oregon where tranquility is obvious everywhere. The Oregon Governor does not want First Amendment confrontation to disturb the peace there.
