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Shortly before last November’s presidential election, before anyone could envision him defying his “America first” political base and launching a bombing raid on Iran, Donald Trump offered a preview of how and why he would want to deploy the military on US soil.
It was, the president said, to deal with “the enemy within”.
“We have some very bad people. We have some sick people. Radical left lunatics,” he said in a Fox News interview that prompted widespread condemnation at the time. “I think it should be very easily handled by… National Guard, or if really necessary, by the military, because they can’t let that happen.”
Trump did not specify what it was he didn’t want to let happen – only that while he promised to put an end to America’s “forever wars” overseas, he regarded domestic political adversaries, perhaps like the ones who have been protesting in massive numbers in Los Angeles and across the US this month, as a national security threat worthy of a military response.
When thousands of protesters took to the streets of Los Angeles earlier this month to protest his administration’s heavy-handed immigration sweeps targeting workers in factories and car washes, he wasted little time making good on what he’d promised.
The reality of Trump sending thousands of national guard troops and US marines into LA earlier this month has not matched his rhetoric – yet the shock of it may have been dulled by the headlines coming out of the Middle East. The troops have largely kept a low profile, their duties restricted to guarding federal buildings and, at least according to the administration, accompanying immigration enforcement agents and other federal officials as they go about their business.
Still, as the dust settles on two weeks of impassioned street protests and occasional vandalism and violence in downtown Los Angeles, the deployment continues to unnerve California’s political leaders, national Democratic party figures worried about who might be next, as well as many ordinary citizens and influential figures within the military itself.
“The US military exists to defend the nation from foreign threats, not to police American streets or intervene in political disputes at home,” a group of retired four-star generals and admirals and high-profile former Pentagon officials said in a statement, signalling just how far Trump has strayed from precedent.
The group, including a former secretary of the army, a former secretary of the navy, and Michael Hayden, a retired air force general who led the National Security Agency and the Central Intelligence Agency under presidents of both parties, are part of a lawsuit seeking to reverse the deployment, which they say “puts both service members and civilians at risk of harm and violates longstanding constitutional limits on government power”.
Some observers have gone further, seeing a direct link between Trump’s willingness to send troops into American city streets and his decision to involve the United States in the growing conflict between Israel and Iran. “That kind of authoritarian aggression [rarely] stays inside the country’s borders,” Julia Ioffe, a national security expert and founding editor of Puck News, said of the California deployment on 11 June. “Didn’t think I’d be right so soon,” she wrote on Friday, as Trump’s war plans for Iran were ramping up.
The Trump administration has vowed to keep the troops in place for at least 60 days, to ensure – as Pete Hegseth, the defense secretary, told a House defense appropriations subcommittee – “that those rioters, looters and thugs on the other side assaulting our police officers know that we’re not going anywhere”.
The threat of a more muscular military confrontation with “the enemy within” has not gone away, either, though one of the questions remaining is whether the military or the many agencies under the control of the Department of Homeland Security (DHS) – immigration enforcement, border patrol, FBI – are more likely to take the lead.
Two days before the No Kings rallies, Kristi Noem, the DHS secretary, was in Los Angeles and said the federal government’s goal was not just to maintain order on the streets but “to liberate the city from the socialists and the burdensome leadership that this governor and that this mayor have placed on this country”. Seconds after delivering these lines at a news conference, FBI agents under Noem’s authority manhandled and handcuffed Alex Padilla, a California senator who interrupted her to ask a question.
Tom Homan, Trump’s “border czar”, has threatened to arrest the governor, Gavin Newsom, and LA’s mayor, Karen Bass, if they stand in the way of the immigration sweeps. At least two elected officials, New Jersey congresswoman LaMonica McIver and New York City comptroller Brad Lander, have indeed been arrested for alleged interference in Immigration and Customs Enforcement operations.
The military has so far stayed out of these headline-grabbing events, their role largely eclipsed by continuing immigration raids conducted by masked federal agents refusing to disclose their names or budget numbers, but experts and constitutional scholars say their very presence risks destabilizing what is already a volatile and politically charged situation. “The risk of escalation, or of someone making a mistake, is always present and in these situations actually quite high,” said Chris Mirasola, a national security expert at the University of Houston Law Center. “Just the deployment itself is escalatory.”
In deciding to take charge of the California national guard, over Newsom’s objections, Trump stopped short of invoking the Insurrection Act used by past presidents to help quell civil unrest, most recently during the 1992 LA riots when marines rode alongside southern California police patrols in burning neighborhoods.
Rather, he invoked a rarely used power to mobilize the military to “temporarily protect” federal property and personnel. Lyndon Johnson used the same protection power to guarantee the safety of civil rights demonstrators in Alabama in 1965, in defiance of the state’s segregationist governor, George Wallace, and Richard Nixon used it in an ill-fated attempt to get the national guard to deliver the mail during a postal strike in 1970. But scholars said they were not aware of it being used any time since.
Mirasola said he was a little perplexed, given the vehemence of Trump’s rhetoric about “violent, insurrectionist mobs”, that the president opted for this softer approach. “Maybe he just wanted the theatrics of getting the military on the streets,” Mirasola said. “This is a way of doing that while still preserving some space to continue to escalate.”
It was also possible, he suggested, that Trump could not talk his military commanders into taking a more aggressive approach. “The military establishment is extremely allergic to the Insurrection Act,” he said. “It’s one of the few things bred into every single officer.”
According to veterans and advocacy groups for service members being deployed to Los Angeles, the military also prides itself on being entirely apolitical and has no appetite to be drawn into a political conflict involving Trump or anyone else. Perhaps for this reason, the national guard and the marines have been barely visible in Los Angeles.
At the first big downtown protest, on 8 June, the Los Angeles police moved protesters away from the national guard’s staging area at a federal courthouse complex and parked their patrol cruisers in such a way that the guardsmen could not come out and intervene.
Six days later, in the final stages of the No Kings protest, a hard core of protesters briefly faced off against a line of marines stationed on the front steps of the downtown federal building. “Leave LA!” the crowd chanted, prompting the marines to deploy riot shields and push the protesters away from the building. The Los Angeles police quickly issued a dispersal order, sent in officers on horseback, and fired volleys of teargas to send most of the crowd scattering.
Otherwise, the only reported incident has involved a military veteran who inadvertently crossed a line of police tape outside a federal building in west Los Angeles. One of the marines on guard wrestled him to the ground and cuffed him, but he was released shortly after and told reporters he was treated “very fairly”.
California has sued the Trump administration over the military deployment and seemed to score an early win in court last week when a district judge said the president had exceeded his authority and needed to return control of the state national guard immediately. An appeals panel has since reversed that ruling, however.
Part of California’s problem in arguing its case is that the national guard has been pressed into non-traditional activities with increasing frequency in recent years, undermining the notion of a strict separation between military and civilian activities.
Several states, under both Republican and Democratic leadership, have drafted the guard into border patrol duties despite severe morale issues among the troops and opposition from the military brass. New Mexico has asked its national guard to work as substitute teachers in understaffed schools. Florida has had them filling in as prison guards, and New York has seconded its guard to police the New York City subway.
Supporters of California’s lawsuit argue that none of these scenarios are appropriate. And deploying the national guard for non-military purposes is even more inappropriate, they say, when it happens for an overtly partisan purpose over the objections of the state governor. “The military shouldn’t be in the business of domestic law enforcement. That’s not what they’re trained to do,” said Beau Tremitiere, a lawyer with Protect Democracy, an advocacy group supporting the suit.
“If Americans weren’t aware of the risks posed by politicized domestic deployments by the military before the events in Los Angeles, they certainly are now. Healthy and respectful civil-military relations are yet another bulwark of US democracy that the president is trying to erode. We’re all on notice.”
