Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Fact check: Can trump activate the national guard
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.