ICYMI: Retired Military Leaders File Brief in Support of California’s Lawsuit Challenging Unlawful Federalization of State's National Guard

OAKLAND – Yesterday, former secretaries of the Army and Navy and retired four-star admirals and generals filed an amicus brief in support of California Attorney General Rob Bonta’s lawsuit challenging President Donald Trump’s unlawful orders federalizing the California National Guard and deploying Marines to Los Angeles:

“The United States military is not primarily a law enforcement organization and is prohibited by law from acting as a domestic police force unless doing so is ‘expressly authorized by the Constitution or Act of Congress’…

“A bedrock principle of American democracy is that our military is apolitical. Accordingly, United States military personnel are not permitted to engage in political conduct while on duty or to use their military status to endorse political candidates or political causes. Critical to the military’s ability to carry out its core functions is retaining the public’s respect and maintaining cohesion and unity within its ranks—regardless of the political leanings of individual citizens or soldiers. Particular caution is therefore necessary if the U.S. military is to be deployed domestically in the context of a politically charged situation. It is essential that such deployments be a last resort, especially in the context of policing protests and other constitutionally protected speech and activities.

“For that reason, and as noted above, federal deployments on U.S. soil have been rare, serious, and legally clear. The last major deployment of federal troops domestically occurred during the 1992 Los Angeles riots, at the request of California Governor Pete Wilson and pursuant to the Insurrection Act. That deployment followed widespread violence and looting of businesses, the burning of entire blocks of homes and businesses, and dozens of civilian fatalities. Public reporting from Los Angeles suggests that, notwithstanding troubling incidents of property damage and violence, the recent and ongoing situation appears to be different in kind…

“The active-duty military and National Guard serve a critical role in U.S. national security. Domestic deployments that fail to adhere to exacting legal requirements and long-established guardrails threaten their core national security and disaster relief missions, put the military at risk of politicization, and pose serious risks to both servicemembers and civilians.

“We appreciate the Court’s due consideration of these critical factors in adjudicating Plaintiffs’ Ex Parte Motion for a Temporary Restraining Order.”

A copy of the brief is available here.