Law & Crime: ‘Different in kind’: 4-star generals, admirals serving from JFK to Obama say Los Angeles ICE protests don’t warrant deployment of National Guard to California

4-star admirals, generals serving from JFK to Obama warn Trump’s deployment of National Guard poses ‘potentially grave risk’

Ahead of a Zoom hearing scheduled for Tuesday at the 9th U.S. Circuit Court of Appeals, a group of retired four-star generals and admirals who served under presidents ranging from John F. Kennedy to Barack Obama filed court documents warning that President Donald Trump’s federalization of the California National Guard and deployment of U.S. Marines poses “potentially grave risk of irreparable harm.”

Seeking the appellate court’s leave to file a brief and enter the case as amici curiae — Latin for “friends of the court” — the retired generals, admirals, and former U.S. Army and Navy secretaries did not explicitly take Gov. Gavin Newsom’s side in the case. They did suggest Sunday, however, that the Trump administration’s bid for an emergency stay of a lower-court ruling and continued push to quell “violent riots” in Los Angeles amid nationwide “No Kings” protests over ICE raids may not pass legal muster when compared to historical precedents.

Again, although the retired admirals and generals did not support either party to the case, they implicitly warmed to Breyer’s ruling that the definition of “rebellion” has not been met and that, in the proposed amici’s words, the “recent and ongoing situation” in Los Angeles “appears to be different in kind” from the “extreme circumstances” of the 1992 Rodney King riots and the times when state governors “openly” and defiantly stood against the end of racial segregation during the Civil Rights era.

The brief concluded that Trump’s injection of the military into “domestic political controversies” — “undermining its ability to achieve its core mission of protecting the nation” — is a case in point as to why troops “should be kept out of domestic law enforcement whenever possible.”

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