President Trump has deployed the National Guard, as presidents before him, to support law enforcement. He has done so in five cities where ICE agents were attacked or crime raged – Washington DC, Portland Oregon, Los Angeles, Chicago, and Memphis. For that act, Democrats call him “lawless.” Trump’s actions are both legal, and follow historical precedent.
Having helped write the Guard’s strategic plans for state and federal counternarcotics and law enforcement deployments for 15 years, here is the overview of key laws and precedents.
Under Title 32 of the US Code, signed in 1956, a Governor can mobilize the National Guard for multiple domestic purposes, including to support local, state, and federal law enforcement operations, counter-narcotics, to quell civil unrest, or for disaster response.
Likewise, under Title 10, also from 1956, the President can mobilize any State’s National Guard domestically for similar purposes, with approval by a governor not required. The President can also mobilize the Guard under the Insurrection Act, a separate authority.
Traditionally, when political differences are not raw, governors and presidents fully cooperate – but not always. In some instances, going back nearly a century, the president will mobilize the National Guard without state agreement, even when opposed by a governor. This is lawful.
A second fact, which liberal media outlets ignore: Virtually every president since Democrat Franklin D. Roosevelt has mobilized the National Guard to address domestic instability issues, crime spikes, riots, civil unrest, or to support law enforcement in one or more States.
Thus, in 1943, FDR deployed 6,000 members of the National Guard to Detroit to stabilize race riots and civil unrest and crime. FDR deployed the Guardsmen in jeeps, armored vehicles, imposed a curfew to “quell violence.” The courts upheld this deployment. It also worked.
In 1957, facing race riots in the South and opposition by Democrat governors to racial integration of schools, President Eisenhower mobilized the National Guard, adding 1000 paratroopers of the 101st Airborne to restore order and end race riots in Arkansas.
Responding to this stabilization effort, the Democrat governor of Arkansas called Eisenhower’ federalization and mobilization “occupation troops,” words also used against President Trump.
In 1962, John F. Kennedy acted similarly in Mississippi, to protect a Black student and quell potential unrest, stirred by violent opposition by Mississippi’s Democrat governor.
In federalizing the National Guard against Mississippi’s Democrat governor, JFK said – words echoed by President Trump – he “federalized the Mississippi National Guard as the most appropriate instrument, should any be needed, to preserve law and order while United States …”
In 1963, in a similar display of presidential power, JFK federalized the Alabama National Guard, against the will of Alabama’s Democrat Governor George Wallace, to stem civil unrest. JFK famously said, “Governor Wallace, it is my sad duty to inform you that the National Guard has been federalized … please stand aside …” JFK had to do this, ironically, a second time in 1963.
In 1965, Democrat President Lyndon Johnson then mobilized the National Guard to stem riots in Alabama, again without the Alabama Democrat governor’s approval.
In 1967, Democrat Johnson mobilized the Michigan National Guard to settle turmoil in Detroit. He had to do that again in 1968, after the assassination of Martin Luther King.
In 1970, President Richard Nixon mobilized the National Guard in New York to address a roiling strike, with turmoil surrounding it.
In 1989, President GW Bush mobilized the Guard after Hurricane Hugo. In 1992, he did so again following the Los Angeles “Rodney King” riots, deploying “virtually the entire 40th Infantry Division.”
In 1994, President Bill Clinton then mobilized and deployed the National Guard to Washington DC, to address “rising crime rates in Washington DC… establishing a precedent for crime control.”
In 2010, President Obama thereafter mobilized 1,200 National Guard troops, deploying them to the southern border at a cost of $110 million.
In that context, President Trump deployed the National Guard, using Title 10 and in full alignment with prior precedents – to stabilize cities suffering attacks on federal personal, property, civil unrest, and inordinate crime.
In short, when liberal outlets try to paint a different picture, they have not done their basic research, or do not care to get the story right, or are deliberately ignoring established laws and history. Truth does not get more basic. The President is on legal and historically solid ground. Full stop.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, Maine attorney, ten-year naval intelligence officer (USNR), and 25-year businessman. He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (North Country Press, 2018), and “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024). He is National Spokesman for AMAC. Today, he is running to be Maine’s next Governor. BobbyforMaine.com
RBC, your last paragraph states it all. The Democrats just don’t know the law except what they make up to suit their needs.
Yes Mr. Charles you are right we put in place people that don’t know the law or constitution and then they try to convince us that they know it and in the meantime get people all riled up with their lies. Best thing that could happen is anyone running for a political office or judgeship should be able to pass a written test on the Constitution.
EVERY POLITICIAN WHO DOES NOT PUT PUBLIC SAFETY FIRST NEEDS TO SPEND SEVERAL YEARS IN JAIL
I didn’t know about all these presidents. I do remember when President Johnson sent them to Detroit. My brother was in the Guards at that time. We lived in Benton Harbor, MI., at the time. I remember a few other times, but I am glad to have the whole list. Now I will give it to a grandson who is leaning to the far left.
I just saw on Real America’s Voice that another sleazy, anti-American liberal judge just blocked the National Guard from the Portland operations. This America-last BS will never stop until these radical left judges are removed.
No matter what President does or does not do left will be apoplectic .He can’t do right in their eyes. Had those whose job it is to keep law and order and citizens safe done their job, National guard deployment would not be necessary.Why is it they don’t have to follow the law, encourage lawlessness instead and get away with it, should that not be looked into, they encourage destruction and crime and don’t pay for it ,there is something wrong here
The democrat presidents were okay to deploy troops when they were president. Why? Because we were still living in the UNITED states of America.
Now we are living in a DIVIDED America. At least the America controlled by the Pritzkers, Schumers, AOCs, Omar’s, Talib’s Pelosi’s, Warrens, Schiff’s, Sander’s and Newsom’s of the world. We are still looking ving in the USA. The dems are waging war to get back into the USA.
President Trump is great and knows what needs to be done to fix our country!!! He needs to stop all our enemies which includes the Democratic Party!!!!!
Keep up the pressure,we are a lawless,corrupt country in a world that’s the same.It’s long past due for a total purge.
Democrats have no memory about the past when other Democrats are involved.
Thank you. This should be on the front page of every newspaper in the country. (do folks still read newspapers?) Alternatively, it should be presented at a national press conference to see if ANY of our alphabet news agencies report it!
Of course, we all know this. That’s why the idiots in the main stream media have egg all over their faces. I remember a lot of this, and knew Trump was within his legal rights to send in the guard. These are paid agitators who do this for their minute of fame. It isn’t about any grand policy they are fighting for. They do it for the all mighty dollar. Someone is paying these people to try to cause harm to our country. ANTIFA is behind a lot of this to try and overthrow the government. Maxine Watters was entirely wrong about the right holding up in the mountains and getting prepared to take over. It was the people backing her and other Democrats that were doing the planning. Make no mistake, if the Democrats are saying the right is doing something, you can bet they are the ones who are
Seems no amount of historical precedence cuts it with activist judges.
Biden / Harris Immigration policies since 2020,we’re The Open Border Policy. This Administration let Millions of Illegals into The USA.
This was and is Against The Constitutional Law of The US.
This is why,We voted for President Trump.
To save America Again.
GOD BLESS PRESIDENT TRUMP AND V.P.VANCE.
MAGA!
Thank you for this article. Very good information that should be reposted to X, Truth Social, Rumble, TicToc so all age groups and pollical sides have a chance to review and be informed.
when educating US on things like the above please give ALL names of those involved
Don’t confuse the TDS crowd with the truth/facts. They couldn’t care less about the truth or facts. They have one simple rule: If Trump does it, it is evil and must be stopped. If Trump cured cancer they would be protesting him for killing innocent cancer cells.
Rachel Dayhuff mentioned below the Detroit riots of 1967. My wife and I lived in Detroit at that time. Not only was the MI national guard called in at that time but,,also the 82 and 101 airborne divisions. A number of those soldiers were injure during their stay.
We had policemen living in our apartment complex. When they went out at night they told us all to stay inside. They removed anything that shined on their uniforms.
These so called Governors, Mayors, Police Chiefs should be removed from office and put in jail.
Thanks Mr. Charles! Great article! Great and useful information!
Apparently, some Democrat judges don’t know the law either.
Needed & Now
This behavior is indicative of two things: because there were only “participation awards” they didn’t learn how to lose gracefully; plus the lack of history and “government education in our schools. So now we have people who don’t know what they are talking about causing chaos.
Ironically if the Marxist/democrats got their way, the country that we would all live in wouldn’t have to worry if their “president” or military was legally authorized to be in charge and cleaning up a mess. I am convinced they don’t even have half a brain. We can never allow them to gain control again.
Those who are convinced that Trump is breaking the law are the ones who only listen to the radical liberals who throw huge protests funded by Soros and the like. They are not interested in finding out who is really breading the law in our land and they are too self-centered to care. It is sad that at least half of the people in the U.S. are so under-educated or not smart enough to even know what is in the Constitution and why we have laws to protect the innocent. Comes from decades of brainwashing by the same radicals who are out there protesting.
Well written article, Mr. Charles. Unfortunately, those on the Left don’t care about facts or details because those would interfere with their precious world view.
dems, leftist and msm continually showing their bias, hate and total TDS while ignoring the law and our countries previous history of events. Time to end all the division and hate. JMO
It is too bad Dumba$$ocrat Judges owe fealty to the Dumba$$ocrat Party.
It’s called martial law