National Guard
28 Articles

The “Unwilling or Unable” Test for Sending U.S. Military to Los Angeles
"The state of California, however, has not yet raised this point in the ongoing litigation. That is a missed opportunity ...."

The Just Security Podcast: The Situation in Los Angeles and the U.S. Military
An expert discussion with audience Q&A on the events in Los Angeles, the federalization of the National Guard, and use of U.S. Marines.

“The Insurrection Act” by Any Other Name: Unpacking Trump’s Memorandum Authorizing Domestic Deployment of the Military
"The Memorandum ... raises many of the same concerns as an Insurrection Act invocation would, and that could end up looking quite similar in practice."

Deployment of the U.S. Military for Immigration Enforcement: A Primer
An expert explainer by leading expert on the domestic deployment of the U.S. military.

The “War Game” Documentary, and Simulating a Worse January 6th
How would – and how should – our most senior government leaders respond?

The Anonymous Military Leaders with the Weight of the Election on Their Shoulders
The legal and ethical frameworks that senior civilian and military leaders need to consider.

Anatomy of a Conspiracy Theory and a Smear: Still, No Evidence of Trump Order for 10,000 Guard on January 6th
Debunking a new conspiracy theory that Trump ordered the National Guard to be ready on January 6, and that the select committee withheld information.

Expert Backgrounder: Federalizing the National Guard and Domestic Use of the Military
An expert explainer on when the President of the United States can 'federalize" the National Guard and deploy U.S. military forces domestically.

Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.

As Title 42 Comes to an End, So Should Military Operations at the US-Mexico Border
"The militarization of the southern border not only stigmatizes migrants and asylum seekers but also undermines core legal principles designed to protect democracy and individual…

Without Congressional Action, Lafayette Square and January 6th Can Happen Again
"Two amendments in the House-passed FY23 NDAA would close ... loopholes and make it harder for another Trump administration – or any future president – to abuse the powers…

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments
Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…