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Fact check: Can the president deploy national guard under title 10 to protect federal property.
1. Summary of the results
Yes, the president can deploy National Guard under Title 10 to protect federal property, but with specific limitations. This has been demonstrated through historical precedent, most notably when President Trump deployed 2,000 National Guard troops to Los Angeles [1] [2]. However, it's crucial to understand that Title 10 deployment comes with significant restrictions - specifically, the Posse Comitatus Act prohibits the Guard from conducting law enforcement actions inside the U.S. under Title 10 [3].
2. Missing context/alternative viewpoints
Several important contextual elements are missing from the original question:
- There are two distinct mechanisms for federal deployment:
- Title 10 authority (for protective and supportive functions)
- The Insurrection Act (which provides broader law enforcement powers) [4]
- Such deployments can occur without governor approval, though this is rare - the 2020 Los Angeles deployment was the first such instance since 1965 [5]
- The primary purpose of Title 10 deployment is specifically to protect federal personnel and property [2], not to conduct raids or regular policing activities [5]
3. Potential misinformation/bias in the original statement
The original question oversimplifies a complex legal framework by:
- Not acknowledging the distinction between Title 10 and Insurrection Act powers [6]
- Failing to mention the significant limitations on what federalized National Guard troops can actually do under Title 10 [3]
- Not addressing the rare and exceptional nature of such deployments without governor approval [5]
This oversimplification could benefit various stakeholders:
- Federal authorities seeking to expand executive power might emphasize the president's ability to deploy troops while downplaying restrictions
- State authorities might emphasize the rarity and limitations of such deployments to maintain state control over National Guard units