https://twitter.com/RudyGiuliani/status/1285818015343312896
Can President Trump Really Send In The Troops To Chicago And Other Cities? JONATHAN TURLEY
We have previously discussed how President Donald Trump has repeatedly asserted constitutional authority that he does not have in dealing with the pandemic. The President routinely ignored the principles of federalism in such claims of control over states in their internal health and policing decisions. He is not alone. Cities like Portland have demanded that federal officers leave the city and stop making arrested. While there are legitimate questions raised about the conduct of federal officers in putting people into custody and the use of force in Portland, those concerns related to the use of federal powers, not the basis for those powers. The federal government has full authority to protect federal buildings and to carry out arrests for federal crimes in any city. Current reports coming out of the White House appear to refer to surging law enforcement personnel, not sending military personnel. That would be constitutional if used for protect federal assets or enforce federal laws. That is the flip side of federalism. But how about the recent claims that the President is about to take over policing from cities like Chicago? The answer is that such a federal deployment without a request from the governors would be unwise but would be legal. However, there are practical and legal reasons why such any massive deployment is unlikely.
President Trump has declared that he will send in federal forces to quell the violence in cities like New York, Chicago, Philadelphia, Detroit, Baltimore and Oakland, California. He has used these threats to highlight what he calls the poor records of “liberal Democrats” like Chicago’s Mayor Lori Lightfoot. The constant reference to the party affiliation of the mayors by the President only diminishes the position of the federal government is taking any action in these cities.
As many on this blog know, I am from Chicago and most of my family still lives there. I am devastated by the violence shown every night on television. However, President Trump is suggesting an unprecedented deployment if he is serious in saying “We’re sending law enforcement. We can’t let this happen to the cities.”
What he can clearly do is what he did in Portland. Send in federal forces to protect federal buildings and arrest those who commit federal offenses. That can lead to an expanding presence. As more protesters respond to the federal presence, the federal forces can be expanded at their discretion to meet that challenge. It can become a cause-and-effect controversy like the one being raised in Portland. However, a judge who orders the federal forces reduced or out of the city would face a rapid appeal and reversal in my view.
That type of deployment to protect federal enclaves and buildings can be done without any special proclamations or orders. It is part of the inherent authority vested in the federal government. Indeed, it does not even require a special executive order. The Attorney General or Secretary of Homeland Security may deployed federal officials to protect buildings, support law enforcement activities, or carry out arrests. These are not military troops, but law enforcement personnel being assigned law enforcement duties. The fact that the cities have not requested additional federal law enforcement personnel is relevant to their legality of their deployment.
More: https://jonathanturley.org/2020/07/21/can-president-trump-really-send-in-the-troops-to-chicago-and-other-cities/