Fact check: Can National Guard troops make arrests during protests?

1. Summary of the results

The question of whether National Guard troops can make arrests during protests is complex and depends on various factors, including the specific circumstances and the laws governing their deployment ^[1]. According to some analyses, National Guard troops may not have the authority to make arrests during protests, as a federal judge ruled that President Trump's deployment of National Guard troops to Los Angeles was illegal, citing the Posse Comitatus Act, which limits the use of the military in domestic law enforcement ^{[1] [2]}. However, other sources suggest that National Guard troops may have the authority to make arrests in certain circumstances, such as when deployed in Title 32 status, but their role is typically focused on supporting law enforcement rather than taking the lead in making arrests ^[3]. Some sources also note that the use of National Guard troops for law enforcement purposes is unique and raises concerns about the president's power over the military ^[4], and that National Guard troops are not trained for law enforcement and their use in domestic affairs is limited by law and policy ^[5]. Additionally, some sources mention plans to establish a Domestic Civil Disturbance Quick Reaction Force composed of National Guard troops to rapidly deploy into American cities facing protests or other unrest ^[6], and that members of the National Guard unit would be 'deputized' to enforce federal law, which could potentially include making arrests during protests ^[7].

2. Missing context/alternative viewpoints

A key missing context in the original statement is the specific circumstances under which National Guard troops are deployed, as this can affect their authority to make arrests ^[3]. Another important context is the Posse Comitatus Act, which limits the use of the military in domestic law enforcement, and its implications for the deployment of National Guard troops ^{[1] [2]}. Alternative viewpoints include the idea that National Guard troops are not trained for law enforcement and their use in domestic affairs is limited by law and policy ^[5], and that the use of National Guard troops for law enforcement purposes is unique and raises concerns about the president's power over the military ^[4]. Additionally, some sources suggest that the National Guard already has the ability to respond to civil unrest in times of crisis, which could reduce the need for their deployment in certain situations ^[7]. It is also important to consider the training and authorization of National Guard troops, as some sources note that they may not be properly trained to put down protests, police streets, or arrest people ^[8]. The role of state governors is also a crucial context, as National Guard troops typically serve under their authority ^[8].

3. Potential misinformation/bias in the original statement

The original statement may be misleading because it does not consider the complexity of the issue and the various factors that affect the authority of National Guard troops to make arrests during protests ^{[1] [2] [3]}. Some sources may benefit from framing the issue in a certain way, such as emphasizing the limitations on the use of National Guard troops in domestic law enforcement ^[5], or highlighting the potential consequences of using activated military troops to conduct law enforcement for the long-term ^[7]. The Trump administration may benefit from framing the issue in a way that justifies the deployment of National Guard troops for law enforcement purposes, while civil liberties groups may benefit from emphasizing the limitations on the use of military troops in domestic law enforcement ^[4]. Additionally, state governors may benefit from emphasizing their role in authorizing the deployment of National Guard troops, and the National Guard itself may benefit from highlighting its ability to respond to civil unrest in times of crisis ^[7]. Overall, it is essential to consider multiple sources and viewpoints to gain a comprehensive understanding of the issue ^{[1] [2] [3] [4] [5] [6] [8] [7]}.