A look at the legality of Trump's deployment of troops to L.A. (06-10-2025--Hour3)

What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to three on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all of the links, become a patron, go to dpeteclendershow dot com. Make sure you hit the subscribe button. Get every episode for free right to your smartphone or tablet. And again, thank you so much for your support. All righty, So Donald Trump sends in the National Guard. Outrage ensues and the state of California has now filed a lawsuit. I'm sure a lefty judge will do some sort of a temporary restraining order or an injunction of some kind, and then probably like demand that he'd be brought in on like troop movements and such before giving the president the green light to allocate military resources. But at any rate, the California Attorney General Rob Bunta or Bunta or Bunte, I don't know how he pronounces it, but he, along with the California Governor Gavin Newsom, the Gavineta sued President Trump and Defense Secretary Pete Hegseeth in response to their orders seeking to federalize the California National Guard for sixty days under Title or A US Code ten, Section twelve, four to six. I read the lawsuit, so you didn't have to. This is from the press release though from the Attorney General's Office of California. In the early hours of Sunday morning, the US Department of Defense, at the direction of the President, redirected hundreds of National Guard troops from San Diego to Los Angeles without authorization from the governor and against the wishes of local law enforcement. In total, the Department intends to deploy two thousand troops across the state and inflammatory escalation unsupported by conditions on the ground. In a lawsuit being filed today which was actually yesterday, Attorney General buntda and Gaviner Newsom will ask the court to hold unlawful and set aside the President's order federalizing the National Guard by way of a rarely used law, arguing that such action exceeds the federal government's authority under the law and it violates the Tenth Amendment. See all it took was Donald Trump to get Democrats to recognize that the Tenth Amendment exists. Well, I mean since the Civil War, but like ever since then well actually yeah, no, probably like civil rights era, like the sixties maybe, But at any rate, Attorney General Rob Bunta said, let me be clear. Can we just drop that? Can we like, let's just drop the let me be clear thing? Can we do that? This verbal crutch, it doesn't have any weight to it any longer. It provides no service, no utility in your argument. When someone says, let me be clear, you know what I hear, it's like, it's not about the money. Like if somebody tells you it's not about the money, then it's about the money. So when someone tells me, let me be clear, I know you're not about to be clear. You're about to throw some propaganda at me that you think is going to work because you prefaced it with let me be clear. It's like, at the end of the day, it's a verbal crutch. Anyway, let me be clear. There is no invasion, there is no rebellion. The president is trying to manufacture chaos and crisis on the ground for his own political See the president is doing all of this. Trump is doing. Trump is the reason why the rioters burned and looted Los Angeles. It's all Trump's fault. Why, well, because he was trying to enforce federal law, that monster. How dare he enforce the law that he took a constitutional oath to enforce. Federalizing the California National Guard is an abuse of the president's authority under the law, and not one we take lightly. We're asking a court to put a stop to the unlawful, unprecedented order. It's not actually unprecedented, by the way. You actually said that in the beginning of your press release. But I digress, and I will. I'll come back to that in a minute. Then you got Governor Gavin Newsom quoted in the press release donald Trump is creating I'm trying. I'm still working on my Newsom impressions, So I apologize. It sounded a little like Joe Biden Gavitt. Sorry, Donald Trump is creating fear and terror by failing to adhere to the US Constitution and overstepping his authority. Right, He's creating fear and terror by enforcing federal law. Think about how asinine of an argument this is. He continues, this is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic. Well, hey, look baby steps here. People. We got a democrat now to acknowledge that we are a republic. So let's take that win, right, let's take that win. This is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. Now we lost it, went right back to the democracy again. These are the accusations because they were running ice operations. This is now from the press release. In implementing this direct the Department of Defense circumvented authorization from the governor and began deploying National Guard troops to Los Angeles over the objections of local law enforcement actively on the ground, although LAPD's chief eventually like he said, yeah, like, we're gonna have to do a reassessment as to whether or not we need the National Guard because things are getting out of control anyway. Notably, by the time the National Guard arrived Sunday morning, the protests had dissipated and streets were quiet, But soon after the National Guard arrived, tensions reignited, leading to the very sort of unrest the National Guard was supposedly sent into quell. So this is another asenine argument because every morning early morning hours, you know, eight am, nine am whatever. The rioters are not out they're you know, back at their parents' house, sleeping in their basement bed like they're not out there rioting. But give them a couple hours and then they you know, get some breakfast or something, and then they show up out on the streets. They get their gas masks handed to them by the NGOs that and funding those types of supply drops. Yeah, we had of it on video. Pickup truck driving through the crowd handing out some pretty high tech, expensive gas masks. Don't tell me there isn't Dengo coordination. They've already tracked the money, all right. So then the press release goes on to note that Trump's unprecedented order is actually precedented. They cite this statute twelve four h six that has been invoked on its own only once before in modern history, so that would make it the precedent. Trump's use of it would then be based on precedent. It's not unprecedented. See how that works. Once something happens that breaks the precedent, that sets a new precedent, and then others can do it as well. So the first time this was used nineteen seventy, President Nixon called upon the National Guard to deliver the mail during a nineteen seventy postal service strike. This is also the first time since nineteen sixty five, when President Lyndon Baines Johnson sorry Saint LBJ to the left sent troops to Alabama to protect civil rights demonstrators. That was the first time that a president activated a state's National Guard without a request from the state's governor. So let's see here, that's a one and then to carry the seven and then that would be two precedents actually, so again not unprecedented. So their argument is that the federalization of the California National Guard deprives California of resources to protect itself and its citizens and of critical responders in the event of a state emergency. So because he took two thousand National guardsmen, in case California wants to ignore another wildfire, they're not going to be able to call upon the National Guard to not do anything there, right, so just in case, like what do we need them? So I don't think that's actually a pretty solid legal argument because usually you have to prove that some harm did occur, not that something could occur that's completely unforeseen at the moment. Also, they say that this section twelve four h six requires the governor consent to federalization of the National Guard, which Newsom was not given the opportunity to do prior to their deployment. I don't believe that is actually the case either. And then it says that the order infringes on the governor's role as commander in chief of the National Guard and violates the state's sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power. So not sure that's going to apply either, because, as I mentioned, the President Johnson sent troops to Alabama to protect civil rights demonstrators and he and do that with goodnatorial approval. All right, So spring is here a time of renewal and celebrations. You've got graduations, weddings, anniversaries and the special days for mom and dad. Your family's making memories that are going to last a lifetime. But let me ask you, are all of those treasured moments from days gone by? Are they hidden away on old VCR tapes, eight millimeter films, photos slides? Are they preserved? Because over time these precious memories can fade and deteriorate, losing the magic of yesterday. At Creative Video, they help you protect what matters most. Their expert team digitizes your cherished family moments and transfers them onto a USB drive, freezing them in time so they can be enjoyed for generations to come. I urge you do not wait until it's too late. This spring, celebrate your past. Visit Creative Video today and let them preserve your legacy with the love and care that it deserves. Creative Video Preserving Family Memories since nineteen ninety seven, located in mint Hill to four to eighty five. Mail orders are accepted to get all the details that create a video dot com. We got a call during the break, Gary wanted to know who's funding the protests. I'm going to go deeper into this tomorrow, but just shorthanding it. It's you've got left wing NGOs funded by George Soros, you have Mexican slash cartel money, you have the State of California tax payers. A little sprinkling of the Tricom's in there as well. So it's really a team effort as to who's funding it. But it is being tracked. Now what becomes of that, I don't know, all right, So the lawsuit that was filed by the State of California against the administration over the deployment of National guardsmen. The Trump Memo authorizes personnel to quote perform those military protective activities that the Secretary of Defense determines are reasonably necessary to ensure the protection and safety of federal personnel and property. End quote. That's from the Trump Memo. Then it cites Section twelve four h six, which I've mentioned before, but here's the actual language. Whenever one the US or any of the commonwealths or possessions is invaded or is in danger of invasion by a foreign nation, two there is a rebellion or danger of a rebellion against the authority of the government of the United States, or three the President is unable with the regular forces to execute the laws of the United States. Okay, so those are the three circumstances when the President then quote may call into federal service members and units of the National Guard of any state in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those law orders. For these purposes shall be issued through the governors of the state or, in the case of the District of Columbia, through the Commanding General of the National Guard of the District of Columbia. So that's what they're arguing, is that it says shall and so he didn't do that. Now, Andrew McCarthy, former US attorney, He says there are genuine political arguments against President Trump's deployment of military forces in response to the rioting arson and potentially lethal attacks on law enforcement agents in California. Those, however, are muted by the left's long standing endorsement of political violence and illegal immigration. In any event, the legal complaints against Trump's response are specious, Okay, So we have to we've got to separate the political arguments from the legal arts arguments. And he points out the president has broad authority under Article two and statutory law to use force as necessary to suppress unrest that creates violent civil strife and impedes lawful federal functions. The ICE operations, no matter your view, it is irrelevant whether you think ICE is the new Gestapo. It doesn't matter. They are operating under federal law. They are legally allowed to be doing the operations that they are doing, and all you're crying about it doesn't matter. And when you impede that, you obstruct that the federal government can take steps to make sure that their operations function. These are lawful federal functions. Section twelve four h six authorizes the President, as I just went through, to call state National Guard forces into federal service. Prior to the democrats overwrought response to the events of January sixth, twenty twenty one, it might have been possible to have a discussion about whether what's happening now in LA rises to the level of a rebellion or know an insurrection. Right, these terms in our history have been reserved for large scale, organized uses of force that in time and space vary resemblance to the Civil War. But Democrats insisted on hyperbolizing the capital riot into an insurrection that caused the deaths of tons of police officers when the number was actually zero. So now that ship has sailed, folks hoisted on your own petard, as it were. Either way, though, McCarthy says that debate would be just academic because the excerpt of the statute quoted says there need not be an actual rebellion only the danger of one, and then the President can call in the National Guard. The explicit purpose of the ongoing riot and mayhem is to thwart the enforcement of federal law. Section twelve four h six expressly authorizes the use of military force when ordinary law enforcement has been violently prevented from carrying out federal functions and forcible attacks are being trained on federal facilities. As the Biden Justice Department and its Special Council Jack Smith constantly reminded us after the Capital Riot, the federal government has a high interest in the protection of federal facilities and personnel. Right, the bone of contention that the governor in Californians making is about the shall be issued through the governors of the relevant states. Right, that's the lynchpin. Here, here's a great idea. How about making an escape to a really special and secluded getaway in western North Carolina. Just a quick drive up the mountain and Cabins of Asheville is your connection. Whether you're celebrating an anniversary, a honeymoon, maybe you want to plan a memorable proposal, or get family and friends together for a big old reunion. 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Andy McCarthy, former US attorney, writing at National Review headline, President Trump has legal authority to suppress the siege in La he says, I doubt Governor Newsom's claims are going to get much traction. Section twelve four h six neither requires the President to seek a governor's permission to federalize the National Guard, nor gives a governor a veto over such federalization. In addition, Trump's order expressly directs the Secretary of State to coordinate with the governors of the relevant states. Newsome is entitled to nothing more. It is in his interest, the President's interest, California's, and the nation's interest that the state and federal authorities work together to restore order. But you can't prattle on about the rule of law while endorsing sanctuary cities designed as sanctuaries from the rule of law. Pick a side, exactly right, exactly right. You do not get to make an argument about rule of law if you are saying we are a sanctuary city, because the sanctuary is from federal law. He goes on to say, if you indulge a thought from the mists of time, he says, I once prosecuted terrorists by invoking the seditious conspiracy statu This is a different laws. Section twenty three eighty four of Title eighteen the statute is broad. It criminalizes forcible opposition to the government and violent action to quote prevent, hinder, or delay the execution of any law of the United States. So federal law is very clear that the President has the authority to use whatever force is required to protect federal functions and facilities. And here, unlike the Capitol riot scenario, there is no ambiguity about whether the rioters believed they were acting at the behest of the government's highest official. Comparatively speaking, seditious conspiracy prosecutions against the LA rioters should be a layup. Now there are some risks. Is there a danger there could be a Kent State like incident that could make matters much worse? Sure, the President and Defense Secretary Pete Hegseth must be crystal clear about the rules of engagement regarding the use of force and the objective of ending the violence, not exacerbating it. The Justice Department should aggressively prosecute people who participated in or plotted to carry out forcible attacks right, trace the money, trace the organizations and the leadership structure, and the people who were organizing this. And these have been organized. There is clear evidence that these are organized. This is not grassroots. This is what they call astroturft. President Trump from the Oval Office talked about this today. He said, you know, paid agitators. There are people involved in these protests that are parts of larger operations. I keep saying it, right, the issue is never the issue. The issue is always the revolution. That's the intersectionality. I am oppressed, you're oppressed, but look we're both oppressed by the US government, institutional racism, white dudes, whatever it is, whatever you need it to be at any given moment. And then, because you're a victim and I'm a victim, let's be victims together. We're part of a coalition of victims with a single target, and it always happens to be Western civilization. That's the point. So any organization that wants to tear at the roots and foundation of Western civilization institutions, they are involved in these types of activities. That's why they look a lot like the Black Block Vote rioters. They look like the Occupy Wall Street crowd. They look like the BLM crowd. Right, they have the same tactics, they have the same chance, They are the same people. There is a reason for it. It's because the issue isn't the issue. The issue is the revolution. And then I happened upon this. The President of the Mexican Senate today holding up a map of the boundaries between the US and Mexico in eighteen thirty and he says, the Mexicans living there, meaning in America, are in what has always been their homeland. Have you heard of Larraza. I used to talk about them when this organization first really got off the ground and became sort of into the public space during the immigration fights in early two thousands. LaRaza means the race. They have this belief that called Aztlan. It's like a reconquista. They're going to reconquer all that was lost. They say that this is their heritage, in ignoring the fact that they speak Spanish because they were colonized by Spain. They were conquered by Spain first, Like, how far back do you want to go here? Folks? You better find some Aztecs or something to turn it over to. All right, if you're listening to this show, you know I try to keep up with all sorts of current events, and I know you do too, And you've probably heard me say get your news from multiple sources. Why Well, because It's how you detect media bias, which is why I've been so impressed with ground News. It's an app and it's a website and it combines news from around the world in one place, so you can compare coverage and verify information. You can check it out at check dot ground, dot news slash pete. I put the link in the podcast description too. I started using ground News a few months ago and more recently chose to work with them as an affiliate because it lets me see clearly how stories get covered and by whom. The blind spot feature shows you which stories get ignored by the left and the right. See for yourself. Check dot ground, dot news slash pete. Subscribe through that link and you'll get fifteen percent off any subscription. I use the Vantage plan to get unlimited access to every feature. Your subscription then not only helps my podcast, but it also supports ground News as they make the media landscape more transparent. All right, so this is from this is a public appearance like a press conference the President of the Mexican Senate today. Now this is going to be in Espanol, so I shall translate reading the translation on the bottom of the screen. I was at Trump Tower when President elect Donald Trump said, who was sixteen days away from taking office for the first time as president, about to assume the role, and said, yes, we'll build the wall. Yes we'll pay for it, but we'll do it according to the map of Mexico from eighteen thirties. And now he's showing a map and it shows Mexico going up, you know, all the way up to like you know, Oregon or whatever, in all the state of Texas, New Mexico, Arizona, and then all the way over to the coast. He says, this is what the United States was in eighteen thirty and this was part of Mexico. It wasn't all Mexico. If you can see, maybe a third, at least a quarter of the North American territory was part of Mexico until eighteen forty six. We were stripped of these territories. We were settled there before, we were settled there before the nation now known as the United States. The Tragedy of Guadalupe Hidalgo establishes rights for the people, or the treaty rights for the people of those territories which were not respected. The city of Nuevo Laredo Laredo was a Mexican city in the city of Nuevo Laredo was formed by the Mexicans who lived in Laredo and didn't want to stay on the United States side, so they came over to what is now Mexican territory. With this geography, how can they talk about liberating Los Angeles in California? The United States government liberate them from whom leftists. The Mexican men and women who are settled in that place are settled in what has always been their homeland. Names don't yeah, names don't lie. The most spoken language in Los Angeles is Spanish. Huh. You don't need to speak English to be in Los Angeles. And here we are in the current situation. This is part of the United States. Yes, the United States government has the right to implement whatever immigration measures it deems appropriate, certainly, but they have no right to violate the dignity of migrants. Okay, actually, yes, I'm not advocating that. But yes, I don't know what you mean by dignity. But yes, because that's not actually a constitutional right, it's not a civil right. I don't even know what the dignity, the right to dignity is. There is no such thing in any of our governing documents. So not sure what he's talking about. But this is what the left does, right. They conflate words and they try to formulate a narrative that makes their positions seem like the humane and morally superior one. But it doesn't work when you actually use language that describes reality. It only works if you conflate different words that have different meanings in order to get emotional responses. So you know, the brain shuts off the logic switch. They have no right to separate families. They have no right to act. Well, okay, that's not true either. We do. We do have the right to separate families. If a family has two kids that were born in America, they are citizens and they don't have to be deported. But if the parents are illegal aliens, they do, and that would separate the families. Right, So parents are gonna have to make a decision do you take your kids with you? Right? Government has that right. A nation has this right to deport people from its country who do not belong there. Mexico knows this because Mexico does this. So they have no right to separate families. They have no right to subject them to suffering person acution or harassment. They have no right to break the law that the United States government and the people of the United States set themselves. Okay, we're not breaking any laws. In fact, we are enforcing federal law. But I do find it a bit interesting that Mexican political leaders feel so comfortable telling us how to enforce our laws against people that fled Mexico, people that hated your country so much that they left to come here, but apparently now love it so much that they don't want to go back, and so are flying your flag of the country they don't want to go back to. This is also confusing, except it's not. It's not. Again, the issue isn't the issue. They're just throwing out different excuses so they can continue the behavior that they have been implementing, which is to some of the more radical elements ray conquista. Right. If you are just a run of the mill Comi Marxist, you're just in it to tear down Western society, dismantle the capitalist state. Right. If you're an adversary, you're throwing your lot in with this crowd as well, because you want to week in America. But isn't that interesting that the Senate leader of Mexico is pointing out the fact that English is not the predominant language in Los Angeles as proof of some sort of what claim on the land. The US actually acquired those territories through the Treaty of Guadalupe Dalgo after Mexico lost the war that it started. The land was purchased, it wasn't stolen, and Mexico agreed to the terms. So no, you don't get it back. All right, that'll do it for this episode. Thank you so much for listening. I could not do the show without your support and the support of the businesses that advertise on the podcast, so if you'd like, please support them too and tell them you heard it here. You can also become a patron at my Patreon page or go to thepetecleanershow dot com. Again, thank you so much for listening, and don't break anything while I'm gone.