There’s a loophole, and it allows the national guard to do this. From the Wikipedia article:
The Act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state’s governor.
Kind of surprised the national guard are not included when all other branches were included during the Biden administration
They do answer to Newsom, they were federalized illegally (directly and not via the governor) which is why California has sued the federal government. It’s just a matter of him doing something instead of waiting around for the courts to strike down the federalization before taking action.
Just going to leave this here, on the floor with the rest of the us’s “checks and balances”
There’s a loophole, and it allows the national guard to do this. From the Wikipedia article:
Kind of surprised the national guard are not included when all other branches were included during the Biden administration
They are very much not invited by the governor in this case.
The governer is suing in this case. That’s how much it’s not invited.
The state governor explicitly disagrees with their use, so not applicable
They weren’t invited by the states governor
Yes I know, why isn’t Newsom ordering them to stand down?
Because they have been federalized and don’t answer to him.
They do answer to Newsom, they were federalized illegally (directly and not via the governor) which is why California has sued the federal government. It’s just a matter of him doing something instead of waiting around for the courts to strike down the federalization before taking action.
The whole thing is illegal, but it is still happening. The governor has told them to stand down but here we are.