The speed at which Trump deployed National Guard troops to quell the protests is a sign of just how willing the administration is to flex its power to the absolute constitutional limits. According to Philippe Sands, none of us should be surprised by the tactics deployed. Throughout his career, Sands has documented and examined the methods used by authoritarian regimes and military dictatorships. Sands says that the scenes unfolding in Los Angeles should be seen as part of a wider drive to create a sense of emergency, but also to test the limits of the public’s imagination about what is acceptable and what must be resisted. “People start in one place but very quickly events like we’re seeing in Los Angeles can change the parameters of tolerance,” he says. What are the LA protests about? Protests broke out across Los Angeles on Friday after agents from ICE conducted a series of high-profile immigration raids, which were met with horror by many locals. LA’s city council released a statement that the city, which was “built by immigrants and thrives because of immigrants” would not “abide by fear tactics to support extreme political agendas that aim to stoke fear and spark discord in our community.” Across the weekend, thousands joined anti-ICE demonstrations, with violence flaring at points across the city as police cars were attacked and highways blocked. The authorities responded with teargas and rubber bullets. What was Trump’s response? On Saturday, Trump said he was deploying 2,000 National Guard troops to clamp down on the immigration protests, posting on Truth Social: “These radical left protests, by instigators and often paid troublemakers, will not be tolerated.” Yesterday plans were announced to send 700 marines to LA, with the administration saying they were there to support law enforcement efforts. In sending troops, Trump bypassed the authority of the state’s governor Gavin Newsom, who said that the deployment was “purposefully inflammatory”. The American Civil Liberties Union (ACLU) called the images of truckloads of armed National Guard troops arriving in the city “akin to a declaration of war on all Californians”. How has Trump been able to deploy military personnel on to the streets of LA? It’s a central tenet of American democracy that the US military should not be used against its citizens. While the American constitution makes the president the commander-in-chief of all the armed forces, a set of constitutional and statutory legal constraints are intended to prevent the abuse of this exceptional power. However there are loopholes, which Trump has been open about his intention to exploit. First is the 18th-century Insurrection Act, which authorises the president to decide whether to use the military to engage in civilian law enforcement in certain situations. While he has labelled the protesters “insurrectionists”, Trump has stopped short of invoking the Insurrection Act in response to the protests in LA. Second is the National Guard. While the US president cannot command military forces against US citizens, he is in charge of the use of the National Guard in Washington DC and can request that other states provide additional guard troops to supplement deployments in emergencies. This weekend is not the first time the National Guard has been sent to Los Angeles. In 2020, troops used smoke canisters and rubber bullets to disperse Black Lives Matter (BLM) protesters in Lafayette Square. In 1992, George HW Bush deployed thousands of troops to quell the riots after the police beating of Rodney King. Yet, significantly, this weekend is the first time since 1965 that a president has sent in the National Guard without being requested to do so by a state governor, something labelled an “outrageous overreach” by Newsom. Should this fuel fears Trump is driving the US towards authoritarianism? |