Governor Gavin Newsom condemned President Donald Trump's call to deploy the National Guard to protect federal officers as "an illegal act, an unconstitutional act." However, Trump has the authority under Section 12406 of Title 10 of the U.S. Code to deploy the National Guard if the president is "unable with the regular forces to execute the laws of the United States." The Administration argues that mobs attacking vehicles and trapping federal personnel justify the deployment. Critics, including Berkeley Law Dean Erwin, admit that Trump likely has the legal authority to deploy the National Guard. Newsom is refusing to issue the orders or coordinate the deployment, which may lead to Trump considering using the Insurrection Act to deploy troops directly in civilian law enforcement. The Trump Administration claims that the riots constitute a form of rebellion against the government, citing liberal politicians and professors who previously argued that Trump's words and actions qualified as an insurrection. Democrats are accused of escalating tensions by calling ICE officers "Gestapo" and "fascists," and ignoring objections that they are fueling violent responses. The situation appears to be escalating, with little interest in de-escalation on either side, and Democrats are now playing directly to the mob, urging protesters to "escalate" their resistance against ICE officers.
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