US Congress members clashed last night over President Donald Trump's idea that the military could be used in American cities, with ruling Republicans justifying it as helping to fight lawlessness, while opposition Democrats argued that it was an extraordinary abuse of military force - violating the rights of American states.
Before the Armed Services Committee of the upper house of Congress, the Senate, senior military officials were questioned for the first time today about the deployment of the National Guard to US cities, and this is the highest level of investigation that can be conducted after that before the court.
Democrats have questioned the legality of sending troops to cities on American soil, which has been done in some cases despite opposition from mayors and governors of the states in which those cities are located. Trump's Republican allies have strongly defended the policy.
Just a day earlier, Trump's policy of deploying troops to support law enforcement in the fight against crime and to protect federal facilities faced a preliminary injunction issued by a federal district judge.
It was the highest level of scrutiny, outside of a courtroom, of Trump's use of the National Guard in American cities since the deployment began, and came a day after the president faced another legal setback over efforts to send troops to support federal law enforcement, protect federal facilities and fight crime.
Senate Armed Services Committee Republican Chairman Roger Wicker of Mississippi argued that the military's involvement in America itself is not only appropriate but necessary because "in recent years, violent crime, riots, drug trafficking and nefarious gang activity have steadily escalated."
Democrats argued that this kind of work was illegal and contrary to a historic ban on the use of the military on US soil.
Democratic Senator Tammy Duckworth of Illinois said that the use of the military is traditionally approved to help in emergencies such as major floods and tornadoes, not to help immigration agents detain people in raids.
"Trump is forcing our soldiers into a terrible choice: either remain loyal to the Constitution and protect peaceful protesters or act on the president's questionable orders," said Duckworth, a war veteran who served in the Illinois National Guard.
During questioning, military officials listed the duties that National Guard units performed.
The soldiers have received training in policing in civilian environments and are prohibited from using force except in self-defense, they said.
Since the troop deployment began, only one civilian - in California - has been detained by National Guard personnel, said Air Force Gen. Gregory M. Guiot, commander of U.S. forces in North America.
Guillot said troops are trained to de-escalate tense interactions with people, but they don't receive any specific training related to mental health changes.
"They can be trained very quickly to carry out any mission we give them," said Guillot.
In one exchange, Senator Maisie Hirono, a Democrat from Hawaii, noted that former Defense Secretary Mark Esper had claimed that Trump had inquired about opening fire on protesters during the massive protests over the death of George Floyd. She then asked military officials whether a presidential order to shoot protesters would be legal.
Charles L. Young III, formerly deputy general counsel at the Department of Defense, said he was not aware of Trump's earlier comments and added that "orders to that effect would depend on the circumstances."
"We have a president who believes the rule of law does not apply to him," Hirono retorted.
Republicans then said that Trump had the right – and duty – to send troops into American cities.
Republican Senator Tim Sheehy of Montana, a former naval officer, argued that transnational crimes pose a sufficient risk to national security to justify military action, including on U.S. soil.
Shihi claimed that foreign powers are "actively attacking this country, using illegal immigration, using transnational crime, using drugs."
Senators expressed condolences for the serious injuries sustained by two members of the West Virginia National Guard deployed to Washington, D.C., who were shot just blocks from the White House. One guard has since died and been buried, while the other remains hospitalized.
A federal judge in California ruled yesterday that the administration must stop deploying the California National Guard to Los Angeles and return control of the troops to the state.
U.S. District Judge Charles Breyer granted a preliminary injunction sought by California officials, but also ruled that the ban would wait until Monday to be implemented.
The White House said it would appeal.
In June, Trump sent more than 4.000 members of the California National Guard to Los Angeles without the approval of Democratic Governor Gavin Newsom to help enforce immigration laws.
This marked the first time in decades that a state's National Guard was activated without a request from its governor. It marked a significant escalation in the administration's efforts to implement its policy of mass deportation of migrants.
Trump also announced that National Guard members would be sent to Illinois, Oregon, Louisiana and Texas.
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