Legal experts have clarified that Title 10 provides the president with the authority to federalize the National Guard without requiring consent from governors, utilizing a process that necessitates coordination but not explicit approval. This power has historical precedent; President Lyndon B. Johnson exercised it in the 1960s to enforce civil rights protections in Alabama. The Supreme Court has also affirmed this authority on multiple occasions.
Pelosi further asserted that she and others implored Trump to deploy the National Guard on January 6, 2021, but he declined. Former Capitol Police Chief Steven Sund refuted this claim, indicating that he was legally prohibited from requesting federal forces without the approval of the Capitol Police Board—whose members reported to Pelosi and Senate leader Mitch McConnell.
Trump has maintained that he offered National Guard assistance prior to January 6, but it was turned down. Despite the surrounding controversy, recent polling indicates that 52% of Americans support Trump’s decision to deploy the Guard to Los Angeles to safeguard federal property and personnel amid the riots.
The unrest was triggered by ICE operations in Los Angeles, leading to the initial deployment of 2,000 National Guard troops, which was subsequently bolstered by an additional 2,000 troops and 700 Marines, resulting in over 100 rioters being arrested.
