Fact Check: The president has cited a legal provision that allows him to mobilize federal service members when there is 'a rebellion or danger of a rebellion against the authority of the Government of the United States.'

Fact Check: The President's Authority to Mobilize Federal Service Members

What We Know

The claim states that the president has cited a legal provision allowing him to mobilize federal service members during instances of "a rebellion or danger of a rebellion against the authority of the Government of the United States." This assertion is grounded in a memorandum issued by President Donald Trump, which references Title 10, Section 12406 of the U.S. Code. This provision allows the president to call into federal service members of the National Guard when there is a rebellion or a danger of rebellion, or when the president is unable to enforce the laws of the United States using regular forces (Department of Defense Security for the Protection, PolitiFact).

The memorandum specifically mentions that protests and acts of violence against federal law enforcement personnel, such as those from the U.S. Immigration and Customs Enforcement (ICE), could constitute a form of rebellion, thus justifying the mobilization of federal forces (Department of Defense Security for the Protection). The president's authority to act under these circumstances is not without controversy, as legal experts have debated the appropriateness and legality of such actions (PolitiFact, Brennan Center).

Analysis

The legal basis for the president's actions stems from Title 10, Section 12406, which permits the mobilization of National Guard troops in response to domestic unrest. The memorandum issued by Trump explicitly states that the deployment is intended to protect federal personnel and property from violence and disorder (Department of Defense Security for the Protection).

However, experts have raised concerns regarding the interpretation of "rebellion" and the thresholds for mobilizing military forces domestically. Some argue that the conditions for invoking such authority were not clearly met at the time of the memorandum's issuance, suggesting that the president's interpretation may be overly broad (PolitiFact, CBS News). Furthermore, while the memorandum does not invoke the Insurrection Act, which would provide a more explicit legal framework for deploying military forces in domestic situations, it relies on a more general interpretation of presidential authority (Brennan Center).

The sources used in this analysis include government documents, legal analyses, and news reports from reputable outlets, which lend credibility to the information presented. However, the differing interpretations of the law highlight the complexity of the situation and the potential for political bias in the analysis of the president's actions.

Conclusion

The claim that the president has cited a legal provision allowing him to mobilize federal service members during instances of "a rebellion or danger of a rebellion" is True. The memorandum issued by President Trump directly references Title 10, Section 12406, which provides the legal foundation for such actions. While the interpretation of "rebellion" and the appropriateness of the president's actions are subjects of debate, the legal citation itself is accurate.

Sources

1. Department of Defense Security for the Protection ...
2. Does US law allow Trump to send troops to quell protests?
3. What U.S. law says about Trump's deployment of active ...
4. Trump invoked Title 10 to deploy the National Guard in Los ...
5. Unpacking Trump's Order Authorizing Domestic ...
6. Photos of Marines in combat gear in Los Angeles as protests ...
7. Military official says 200 Marines have entered Los ...
8. Marines are seen standing guard at a federal building in ...