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Fact check: Can trump activate the national guard

Checked on June 10, 2025

1. Summary of the results

The question of whether Trump can activate the National Guard has a complex legal and practical answer. While technically possible under specific circumstances through "10 U.S.C. 12406" which allows federal deployment during a "rebellion or danger of a rebellion" [1], this would be an extraordinary action that has only happened once since 1965 without a governor's request [1]. Legal experts have expressed serious concerns about the wisdom of such a move [2], and some, like Elizabeth Goitein, argue that the conditions for such deployment are not currently present [3].

2. Missing context/alternative viewpoints

Several crucial contextual elements need to be considered:

  • Historical precedent: Trump's previous interactions with the National Guard, particularly around January 6th, are relevant. Claims about him ordering 10,000 troops were found to be inaccurate [4].
  • The Associated Press fact-check revealed that National Guard troops are typically controlled by governors, not the president [5].
  • Current political context: There's an ongoing attempt to deploy 2,000 National Guard members in Los Angeles, which some view as a provocative political tactic [6].
  • Legal opposition: Governor Newsom is actively challenging such deployment, arguing it exceeds presidential authority [3].

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and political issue. Several parties have vested interests in how this question is answered:

  • Political interests: Trump's team benefits from portraying broad presidential authority over the National Guard, as evidenced by ongoing attempts to reframe the narrative around January 6th and military deployment [7].
  • State vs. Federal power: Governors like Newsom benefit from maintaining state control over National Guard deployment [3].
  • Historical record: The Department of Defense timeline and Associated Press fact-checking show that previous claims about Trump's National Guard activation were misleading [5], suggesting a pattern of misinformation around this topic.
Want to dive deeper?
What are the legal limits on presidential deployment of the National Guard?
Can a president use the National Guard for domestic law enforcement?
What is the difference between federalizing National Guard and state activation?
Under what circumstances can the president invoke the Insurrection Act?
How does the Posse Comitatus Act restrict military deployment domestically?