We are in the midst of a heated, although necessary, national debate regarding the freedom of speech and assembly in our country. Five days ago, thousands of Americans protested the ICE raids in Los Angeles, California and neighboring cities. Although largely peaceful, there were some acts of violence, and arrests were made. The LAPD, Los Angeles Mayor Karen Bass, and California Governor Gavin Newsom all affirmed that the situation was under control. Nevertheless, President Trump called up and deployed 2000 members of the National Guard to Los Angeles. On Sunday, Governor Newsom requested the president to withdraw this deployment because the presence of federal troops was counterproductive and increased the unrest. The president refused to do so. In fact, yesterday he deployed an additional 2000 National Guardsmen plus 700 Marines. Our national debate involves the legality of the right to assemble and to express dissent plus the calling up of the National Guard (and Marines).

The First Amendment to the Constitution is quite clear regarding the freedoms of speech and assembly. It affirms “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Of course, if a gathering of people turns violent, the police are responsible for restoring order.

During his first term in office, Trump faced similar circumstances in which people protested the killing of George Floyd. In an ABC News town hall on September 15, 2020, President Trump was asked how he would restore law and order to our nation. Trump’s answer was quite clear. “Look, we have laws. We have to go by the laws. We can’t move in the National Guard. I can call insurrection but there’s no reason to ever do that, even in the Portland (Oregon) case. We can’t call in the National Guard unless we’re requested by a governor.” (Trump’s political and military advisors had told him not to break the law, especially in light of the need to first obtain a governor’s request for deployment. In addition, the National Guard, by law, cannot make arrests.)

In the current debate, according to his own words, Trump is breaking the law.

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Update as of June 13 according to th New York Times:

A federal judge issued an order late Thursday blocking President Trump from deploying members of the California National Guard in Los Angeles, and ordered the administration to return control of the forces to Gov. Gavin Newsom.

The administration quickly filed an appeal to the U.S. Court of Appeals for the Ninth Circuit, which temporarily stopped the ruling from taking effect while it considers the case.

The restraining order from District Judge Charles R. Breyer, which would have taken effect Friday at noon Pacific time, delivered a sharp rebuke to President Trump’s effort to deploy thousands of troops on the streets of an American city, a move that has contributed to nearly a week of political rancor and protests across the country.

“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Judge Breyer wrote of Mr. Trump’s orders.