A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the L.A. protests and Trump’s big boy birthday parade.
Read MoreWe’re getting a bit more information about that hideous rally when President Trump ripped into his political opponents at Fort Bragg to the cheers of soldiers arrayed behind him. Now we learn that Army commanders at the base pre-screened soldiers at the rally for ones who support President Trump. They also made sure to exclude any soldiers who are, in the words of base commanders, “fat.”
Donald Trump announced Tuesday that he will begin “winding down” FEMA after this year’s Hurricane season and, perhaps the more significant statement, that he will begin distributing disaster aid directly from the President’s office. In other words, disaster assistance will be the President’s personal gift, an assist for friends and those who display loyalty. It’s part of the broader pattern we can see across the horizon: Trump takes the policing and military powers of the United States and the national tax revenues (drawn disproportionately from the blue states) and uses it to make war on states he considers enemies.
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We’ve discussed in a number of posts over the spring that Donald Trump’s effort to build a dictatorial, autocratic presidency is fundamentally a battle over public opinion. I’ve also noted in a series of posts that the states and their separate sovereignties are a key, defensive source of strength in the effort to defeat Trump. Since they are a source of strength, they are by definition also a target. We’re seeing both these realities play out in the chaotic situation in Los Angeles.
Let me start with a few observations about the general situation.
JoinTPM will have a new editor and a new reporter next week. This is very exciting for us, allowing us to expand our coverage capacity and, hopefully, reach new audiences during what is a wild moment — both for democracy and for journalism — with new stories and unprecedented events flying at us by the hour.
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“Border Czar” Tom Homan has been, along with Stephen Miller, the public face of Trump border enforcement and anti-immigration politics going back to President Trump’s first administration, when he was briefly acting director of Immigration and Customs Enforcement (ICE). But in recent days, in a series of increasingly belligerent and menacing interviews, he’s appeared in either faux military uniforms or, in most cases, civilian garb clearly meant to appear like military-style fatigues along with a ever-changing run of camo or olive drab baseball caps.
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National Guard troops are mobilized fairly frequently for domestic purposes, usually during natural disasters. Having them federalized isn’t that uncommon. But having them federalized over the objections of a state’s civil authorities is extremely uncommon and hasn’t happened in more than half a century. As this was unfolding over the weekend, I knew generally that this had last happened under LBJ as a part of enforcement of federal law during the Civil Rights Era. But I didn’t remember that the last time was specifically during the Selma-to-Montgomery March in March 1965. I was reminded of this this morning by a piece in NOTUS. This 2016 piece in Politico gives the specific details of how and why the federalization took place, which are interesting in themselves. A federal judge ruled that the march was protected under the First Amendment and that the state was responsible for ensuring its safety. Wallace refused to use state police power to do that, thus deliberately forcing Johnson’s hands (Johnson was pissed), figuring that he would gain politically if federal troops got into violent in encounters with anti-civil rights counter-protestors. As it happened, the larger spectacle was a key part of building momentum for the passage of the Voting Rights Act that August.
JoinIn my first post I wanted to make clear the specifics of what was happening with the National Guard. The President has the power to federalize the State National Guards. I wanted to make sure everyone knew that this is not a power Trump made up. It’s within his power and authority. As far as I know the last time this was done over the objection of state’s governor was during the Civil Rights era to enforce federal civil rights law. But every Presidential power can be abused and this is the one perhaps most liable to abuse. This whole situation is a definitional abuse of power. It is a wholly manufactured crisis. The President has the authority to federalize the National Guard. But the powers he takes from that decision are far from unlimited.
Read MoreThis is serious enough to break in on the weekend.
You’ve seen the intentionally provocative ICE raids in LA and the protests spawned by them. A short time ago White House immigration Czar Tom Homan said he was sending in the National Guard to control the situation. It wasn’t clear what he meant since the California National Guard reports to the Governor of California. The President has to nationalize the Guard to put it under his command. About fifteen minutes ago Gov. Newsom tweeted out a statement that the President is in fact nationalizing the California State Guard. The exact words from his statement were “the federal government is moving to take over the California National Guard and deploy 2,000 soldiers.” But that’s clear what that means.
Read MoreA few thoughts on yesterday’s antics.
I imagine that in many parts of the world, yesterday’s Musk-Trump blow-up reminded people of the events of two years ago and the so-called Wagner Group Rebellion in which erstwhile oligarch Yevgeny Prigozhin got increasingly cranky and finally started a military drive on Moscow before standing down at his moment of apparent but perhaps illusory strength. Two months later, Prigozhin died in a plane crash.
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