“The use of active-duty National Guard and Marine Corps. troops against the wishes of California Governor Gavin Newsom are in direct violation of the Insurrection Act,” said McDaniel.
“Direct violation of the Insurrection Act,” says Ret. Brigadier General Michael McDaniel, who served as Deputy Assistant Secretary for Homeland Defense Strategy, Prevention and Mission Assurance at the Pentagon.
As the LA riots continue to escalate for the fifth day in response to Immigration and Customs Enforcement (ICE) immigration raids, Cooley Law School Professor Emeritus, Ret. Brigadier General Michael McDaniel explains why President Donald Trump’s deployment of thousands of National Guard and Marine troops are in violation of the Insurrection Act.
“The use of active-duty National Guard and Marine Corps. troops against the wishes of California Governor Gavin Newsom are in direct violation of the Insurrection Act,” said McDaniel, who previously served as assistant adjutant general for Homeland Security, Michigan National Guard. “As it stands, there is no federal law being broken. The public has the right to protest. Federal resources cannot enforce federal law. ICE, a federal resource, can only enforce their own federal laws. Only if they are unable to enforce their laws, that is when the president may call in peace-keeping forces, like the National Guard.”
McDaniel has served on the National Governors Association’s Homeland Security Advisors Council. In 2007, he was named by the Office of Infrastructure Protection, Department of Homeland Security, as Chair of the State, Local, Tribal, and Territorial Government Coordinating Council. McDaniel’s military service includes serving as the State Judge Advocate as a member of the Michigan National Guard for over 27 years, serving as a military judge and promotion to Brigadier General in 2007. McDaniel was formerly the Assistant Attorney General for Litigation in the Executive Division of the Michigan Department of Attorney General. At Cooley, he taught Domestic Operations Law and Constitutional Law, and developed an LL.M. program in Homeland and National Security Law.
About Cooley Law School
Cooley Law School was founded on a mission of equal access to a legal education and offers admission to a diverse group of qualified applicants across the country. Since the law school’s founding in 1972, Cooley has provided a modern legal education to more than 21,000 graduates, teaching the practical skills necessary for a seamless transition from academia to the real world. An independent, non-profit law school, accredited by both the American Bar Association and the Higher Learning Commission of the North Central Association of Colleges and Schools, Cooley holds classes year-round at its Michigan and Florida campuses.
Join the conversation!