Democratic senator accuses Trump administration of faking anti-ICE rioting



As protests against immigration enforcement turn to violence across the U.S., one Democratic senator is accusing the Trump administration of faking rioting out of authoritarian impulse.

Democratic Sen. Jeff Merkley of Oregon made the claims Wednesday while speaking to reporters at the U.S. Capitol even as the administration ramped up law enforcement efforts to aid ICE agents and facilities under siege from protesters.

'This is unacceptable. This is wrong. This is un-American.This is authoritarianism, plain and simple.'

"This is the first time I know of, at least in my lifetime, that the federal government has faked a riot in order to try to justify the Insurrection Act being invoked,” Merkley said, according to CNN's Manu Raju.

Raju said Merkley cited local reporting that claimed federal law enforcement officers escalated tactics to provoke protesters in Portland just hours after a judge said the president could not deploy 200 members of the Oregon National Guard to the city.

One report from Oregon Public Broadcasting said that agents moved to push protesters away from the driveway at the ICE building on Saturday at about 8 p.m. and then continued to press them farther into neighborhood streets. Officers then dropped tear gas and other chemical munitions toward protesters before marching back to the facility.

On Sunday, Merkley responded to a report that Trump was mobilizing the California National Guard to go to Portland with accusations that the president was trying to incite violence.

"Having illegitimately attempted to federalize the Oregon National Guard and being blocked because there is no 'invasion' or 'rebellion' in Portland, Trump continues to try to incite riots and violence by deploying the California National Guard to Portland," Merkley posted on Facebook.

"This is unacceptable. This is wrong. This is un-American.This is authoritarianism, plain and simple," he continued.

U.S. District Judge Karin Immergut issued a temporary restraining order that blocked the Trump administration from sending any National Guard troops to Portland and criticized the administration.

"How could bringing in federalized National Guard from California not be in direct contravention to the temporary restraining order I issued yesterday?" she asked.

RELATED: Trump names liberal mayor and governor who 'should be in jail'

Similar claims were made by California Gov. Gavin Newsom, another Democrat, when the president ordered National Guard and active Marine troops into Los Angeles during violent anti-ICE protests in June.

"The federal government is turning the military against American citizens. This is unprecedented and threatens the very core of our democracy," he said.

The president eventually pulled a number of troops providing security in Los Angeles.

A Blaze News request for comment to the White House was not immediately answered.

Judge Karin Immergut was appointed by Trump.

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Stop pretending Posse Comitatus neuters the president



President Trump drew heavy criticism for calling up the California National Guard to confront anti-ICE rioting in Los Angeles in July. On Sept. 3, U.S. District Judge Charles Breyer blocked the move, claiming it violated the Posse Comitatus Act of 1878. He delayed his order until Sept. 12, but the administration immediately appealed, and the Ninth Circuit has already granted a partial stay while the case moves forward.

Critics insist Trump is misusing the military as some kind of “secret police.” They invoke the Posse Comitatus Act as if it were an absolute ban on military involvement in domestic affairs. That is flatly wrong. The Act does not prohibit the president from using the Army, Marines, or National Guard to enforce federal law. It simply requires that such forces be deployed under the president’s authority, not at the whim of a sheriff or local marshal.

The real danger comes not from Trump’s use of the National Guard, but from a judiciary willing to invent limits the Constitution never imposed.

The Constitution itself grants the president this power. Article IV, Section 4 reads:

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

Congress reinforced that authority in the Insurrection Act of 1807, which authorized the president to use the Army when it became “impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings.” In short: When mobs threaten federal law, the president has the duty — and the power — to act.

What Posse Comitatus really meant

Before 1878, federal marshals could deputize Army units as a local posse. That pulled soldiers out of their chain of command and placed them under partisan officials. Officers objected, rightly fearing the practice would corrupt the Army. They welcomed congressional intervention.

The Posse Comitatus Act corrected that flaw. It barred the military from being drafted by civil authorities except when the Constitution or Congress explicitly authorized it. The Act did not strip the president of power. It reaffirmed that only the president, acting under constitutional authority, could commit troops to restore order.

History bears this out. The U.S. military has intervened in domestic affairs 167 times since America’s founding. Soldiers put down the Whiskey Rebellion in the 1790s, enforced fugitive slave laws in the 1850s, and captured John Brown at Harpers Ferry in 1859. After the Civil War, troops secured polling places so freedmen could vote. The Act was not written to stop such uses, but to prevent local abuse.

As scholar John Brinkerhoff explained in 2002, “All that [the Posse Comitatus Act] really did was to repeal a doctrine whose only substantial foundation was an opinion by an attorney general. ... The president’s power to use both regulars and militia remained undisturbed.”

Why Breyer is wrong

Judge Breyer’s ruling misreads both history and law. By treating Posse Comitatus as a blanket prohibition, he ignores the Constitution and the Insurrection Act. His injunction assumes any federal troop support is unlawful. But the law says otherwise: Troops cannot be used under lesser authority than the president’s. Trump acted as president. That is the highest authority the law contemplates.

The Ninth Circuit has already acknowledged the seriousness of the case by issuing a partial stay. That matters. Pulling remaining troops before the courts finish their review risks chaos. Keeping them in place while the appeal proceeds protects public order.

RELATED:A president’s job is to stop the burning if governors won’t

Photo by SAHAB ZARIBAF/Middle East Images/AFP via Getty Images

Prudence, not prohibition

The Posse Comitatus Act never emasculated the presidency. It preserved the president’s authority while removing soldiers from the clutches of local sheriffs. The only real limitation is prudence. Presidents must decide when the threat justifies force and when restraint serves the nation better.

I have opposed proposals to use the military in the so-called war on drugs and other ill-considered campaigns. Prudence matters. But the Constitution is clear: When federal law is under assault, the president can act.

The real danger comes not from Trump’s use of the National Guard, but from a judiciary willing to invent limits the Constitution never imposed. Los Angeles cannot be allowed to burn while mobs terrorize federal officers. The president has the duty to restore order.

That is why the administration is right to appeal. The courts should correct this error and reaffirm what the Constitution already guarantees: the president’s authority to protect the republic against domestic violence.

Why Trump’s Deployment Of The National Guard In California Was Perfectly Legal

The administration argues, correctly, that the Posse Comitatus Act didn’t apply to President Trump’s deployment of the Guard to California.

A president’s job is to stop the burning if governors won’t



In response to widespread rioting and domestic disorder in Los Angeles, President Trump ordered the deployment of National Guard units. More than 700 U.S. Marines from the Air Ground Combat Center in Twentynine Palms were also mobilized on Monday to protect federal property around the city.

As expected, critics pounced. They claim Trump’s orders violate American tradition — calling them anti-constitutional, anti-federal, and an authoritarian misuse of executive power. They say Trump is turning the military into a domestic police force.

In moments like this, the republic must defend itself.

But that argument isn’t just wrong — it’s nonsense on stilts.

The U.S. Army Historical Center has published three comprehensive volumes documenting the repeated and lawful use of federal military forces in domestic affairs since the founding of the republic. From the Whiskey Rebellion to civil rights enforcement, history shows that federal troops have long been a constitutional backstop when local authorities fail to maintain order.

Certainly, the use of military forces within U.S. borders must be limited and considered carefully. But the Constitution explicitly grants this authority. Article IV, Section 4 states: “The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.”

That clause isn’t a suggestion — it’s a command. A republican government exists to safeguard life, liberty, and property. The First Amendment protects the right to peaceably assemble and petition the government, but it does not shield acts of arson, looting, or assault. When rioters threaten the public, federal intervention becomes not just permissible but, in this instance, necessary.

Article II empowers the president, as commander in chief of the Army, Navy, and National Guard (when called into federal service), to act decisively against both foreign and domestic threats. That includes quelling insurrections when state leaders fail to uphold public order.

The National Guard is not the “militia” the founders discussed. That distinction was settled with the passage of the Dick Act in 1903, which clarified the Guard’s federal identity in relation to state control. Since then, the Guard has operated under dual federal and state authority — with federal control taking precedence when activated. Once federalized, the National Guard becomes an extension of the U.S. military.

Congress codified this authority in 1807 with the Insurrection Act. It authorizes the president to use military force when ordinary judicial proceedings fail. This provision enabled presidents throughout history to deploy troops against domestic unrest. During the 1950s and ’60s, Dwight D. Eisenhower and John F. Kennedy used it to enforce desegregation orders in the South.

In 1992, President George H.W. Bush relied on the same statute to deploy Army and Marine forces alongside the California National Guard during the L.A. riots following the Rodney King trial verdict. That was done without sparking cries of dictatorship.

RELATED: Why Trump had to do what Gavin Newsom refused to do

Jason Armond / Los Angeles Times via Getty Images

Those accusing Trump of violating norms by acting over a governor’s objection should revisit 1957. After Arkansas Gov. Orval Faubus (D) defied federal orders to desegregate Little Rock Central High School, President Eisenhower federalized the Arkansas National Guard and sent in the 101st Airborne Division. Democratic Sen. Richard Russell of Georgia decried the move, comparing the troops to Hitler’s storm troopers — a reminder that hysterical analogies are nothing new.

Americans have sought to limit military involvement in domestic life. The Posse Comitatus Act of 1878 was designed to do just that — restrict the use of federal troops in civil law enforcement without explicit authorization. But even that law has historical nuance.

The concept of “posse comitatus” comes from English common law. It refers to the authority of sheriffs to summon local citizens to restore order. In early American history, federal troops often supported U.S. Marshals. They enforced the Fugitive Slave Act, stanched the bleeding in Kansas, and helped capture John Brown at Harpers Ferry.

After the Civil War, the Army played a key role in enforcing Reconstruction and suppressing the Ku Klux Klan under the Force Acts. Southern Democrats opposed this use of federal power. But by the 1870s, even Northern lawmakers grew uneasy when soldiers were ordered to suppress railroad strikes under direction of state and local officials.

The Army eventually welcomed Posse Comitatus. Being placed under local political control compromised military professionalism and exposed troops to partisan misuse. Officers feared that domestic policing would corrupt the armed forces.

I’ve long argued for restraint in using military power within U.S. borders. That principle still matters. But lawlessness, when left unchecked, can and will destroy republican government. And when local leaders fail to act — or worse, encourage disorder — the federal government must step in.

President Trump has both the constitutional and statutory authority to deploy troops in response to the violence unfolding in Los Angeles. Whether he should do so depends on prudence and necessity. But the idea that such action is unprecedented or somehow illegal has no basis in law or history.

If mayors and governors abdicate their duty, Washington must not. The defense of law-abiding citizens cannot hinge on the whims of ideologues or the cowardice of local officials. And in moments like this, the republic must defend itself.

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