WASHINGTON — Members of Congress clashed Thursday over President Trump’s use of the National Guard in American cities, with Republicans saying the deployments were needed to fight lawlessness while Democrats called his move an extraordinary abuse of military power that violated states’ rights.
Top military officials faced questioning over the deployments for the first time at the hearing before the Senate Armed Services Committee. They were pressed by Democrats over the legality of sending in troops, which in some places was done over the objections of mayors and governors, while Trump’s Republican allies offered a robust defense of the policy.
It was the highest level of scrutiny, outside a courtroom, of Trump’s use of the National Guard in U.S. cities since the deployments 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 combat crime.
“In recent years, violent crime, rioting, drug trafficking and heinous gang activity have steadily escalated,” said Mississippi Sen. Roger Wicker, the committee chairman. The deployments, he said, are “not only appropriate, but essential.”
Democrats argued they are illegal and contrary to historic prohibitions about the use of military force on U.S. soil.
Sen. Tammy Duckworth (D-Ill.) had pushed for the hearing, saying domestic deployments traditionally have involved responding to major floods and tornadoes, not assisting immigration agents who are detaining people in aggressive raids.
“Trump is forcing our military men and women to make a horrible choice: uphold their loyalty to the Constitution and protect peaceful protesters, or execute questionable orders from the president,” said Duckworth, a combat veteran who served in the Illinois National Guard.
Military leaders point to training
During questioning, military leaders highlighted the duties that National Guard units have carried out. Troops are trained in community policing, they said, and are prohibited from using force unless in self-defense.
Since the deployments began, only one civilian — in California — has been detained by National Guard personnel, according to Air Force Gen. Gregory M. Guillot, commander of U.S. troops in North America. Guillot said the troops are trained to deescalate tense interactions with people, but do not receive any specific training on mental health episodes.
“They can very quickly be trained to conduct any mission that we task of them,” Guillot said.
Republicans and Democrats see the deployments much differently
In one exchange, Sen. Mazie Hirono (D-Hawaii) noted how former Defense Secretary Mark Esper alleged that Trump inquired about shooting protesters during the George Floyd demonstrations. She asked whether a presidential order to shoot protesters would be lawful.
Charles L. Young III, principal deputy general counsel at the Defense Department, said he was unaware of Trump’s previous comments and that “orders to that effect would depend on the circumstances.”
“We have a president who doesn’t think the rule of law applies to him,” Hirono said in response.
Republicans countered that Trump was within his rights — and his duty — to send in the troops.
Republican Sen. Tim Sheehy of Montana, a former Navy SEAL officer, argued during the hearing that transnational crimes present enough of a risk to national security to justify military action, including on U.S. soil.
Sheehy claimed there are foreign powers “actively attacking this country, using illegal immigration, using transnational crime, using drugs to do so.”
Senators also offered their sympathies after two West Virginia National Guard members deployed to Washington were shot just blocks from the White House in what the city’s mayor described as a targeted attack. Spc. Sarah Beckstrom died a day after the Nov. 26 shooting, and her funeral took place Tuesday. Staff Sgt. Andrew Wolfe is hospitalized in Washington.
Hearing follows court setback for Trump
A federal judge in California on Wednesday ruled that the administration must stop deploying the California National Guard in 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 put the decision on hold until Monday. The White House said it plans to appeal.
Trump called up more than 4,000 California National Guard troops in June without Gov. Gavin Newsom’s approval to further the administration’s immigration enforcement efforts.
The move was the first time in decades that a state’s National Guard was activated without a request from its governor and marked a significant escalation in the administration’s efforts to carry out its mass deportation policy. The troops were stationed outside a federal detention center in downtown Los Angeles where protesters gathered and were later sent on the streets to protect immigration officers as they made arrests.
Trump also had announced National Guard members would be sent to Illinois, Oregon, Louisiana and Tennessee. Other judges have blocked or limited the deployment of troops to Portland, Ore., and Chicago, while Guard members have not yet been sent to New Orleans.
Klepper, Finley and Groves write for the Associated Press. AP writer Konstantin Toropin contributed to this report.
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