South Dakota Attorney General Marty Jackley says he supports the Trump administrations decision to federalize National Guard troops to California in response to protests.
At the same time, some fear this activation sets a troubling precedent.
Amid large protests in Los Angeles tied to Trump administration immigration policy, Jackley said he supports the decision to activate the National Guard above the head of California Democratic Gov. Gavin Newsom.
Jackley said his legal priorities boil down to maintaining order.
“My concern is really twofold – it’s about public safety and protecting property," Jackley said. "I’m concerned when I see the videos of the men and women in blue, trying to protect the public, having bricks thrown at them, having items thrown at their vehicles. It’s a dangerous situation.”
This incident is the first time in 60 years the President has intervened to mobilize a state National Guard without the consent of the associated governor.
Jackley said he still stands for states’ rights.
“It is, and should be, primarily a governors’ right, but there are instances in which the president has authority," Jackley said. "It’s 10 USC 12406, to temporarily protect federal authorities, to call in the National Guard – to federalize them, is what we call it. It reached the point where the president has that discretion and he exercised it,”
10 USC 12406 in US code allows the president to mobilize the national guard whenever “The United States is invaded or is in danger of invasion by a foreign nation, there is a rebellion or danger of rebellion against the authority of the government, or the president is unable to execute the laws of the United States.”