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The legal issues raised by Trump sending the National Guard to L.A.

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The legal issues raised by Trump sending the National Guard to L.A.

The Trump administration announced Saturday that National Guard troops were being sent to Los Angeles — an action Gov. Gavin Newsom said he opposed. President Trump is activating the Guard by using powers that have been invoked only rarely.

Trump said in a memo to the Defense and Homeland Security departments that he was calling the National Guard into federal service under a provision called Title 10 to “temporarily protect ICE and other United States Government personnel who are performing Federal functions.”

What is Title 10?

Title 10 provides for activating National Guard troops for federal service. Such Title 10 orders can be used for deploying National Guard members in the United States or abroad.

Erwin Chemerinsky, one of the nation’s leading constitutional law scholars, said “for the federal government to take over the California National Guard, without the request of the governor, to put down protests is truly chilling.”

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“It is using the military domestically to stop dissent,” said Chemerinsky, dean of the UC Berkeley School of Law. “It certainly sends a message as to how this administration is going to respond to protests. It is very frightening to see this done.”

Tom Homan, the Trump administration’s “border czar,” announced the plan to send the National Guard in an interview Saturday on Fox News as protesters continued confronting immigration agents during raids.

“This is about enforcing the law,” Homan said. “We’re not going to apologize for doing it. We’re stepping up.”

“We’re already ahead of the game. We were already mobilizing,” he added. “We’re gonna bring the National Guard in tonight. We’re gonna continue doing our job. We’re gonna push back on these people.”

In his memo, Trump cited “numerous incidents of violence and disorder,” and said federal immigration detention facilities are threatened.

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“To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States,” the president’s memo says.

Trump called into federal service at least 2,000 National Guard troops for 60 days — or “at the discretion of the Secretary of Defense.”

Newsom criticized the federal action, saying that local law enforcement was already mobilized and that sending in troops was a move that was “purposefully inflammatory” and would “only escalate tensions.”

The governor called the president and they spoke for about 40 minutes, according to the governor’s office.

Defense Secretary Pete Hegseth warned in a post on X that “if violence continues, active-duty Marines at Camp Pendleton will also be mobilized — they are on high alert.”

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Newsom condemned that as a threat to deploy Marines against U.S. citizens and said: “This is deranged behavior.”

Other rarely used powers

Critics have raised concerns that Trump also might try to invoke the Insurrection Act of 1807 to activate troops as part of his campaign to deport large numbers of undocumented immigrants.

The president has the authority under the Insurrection Act to federalize the National Guard units of states to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy” that “so hinders the execution of the laws” that any portion of the state’s inhabitants are deprived of a constitutional right and state authorities are unable or unwilling to protect that right.

The American Civil Liberties Union said Trump’s use of the military domestically is misguided and dangerous.

“President Trump’s deployment of federalized National Guard troops in response to protests is unnecessary, inflammatory, and an abuse of power,” said Hina Shamsi, director of the ACLU’s National Security Project. “By taking this action, the Trump administration is putting Angelenos in danger, creating legal and ethical jeopardy for troops, and recklessly undermining our foundational democratic principle that the military should not police civilians.”

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According to the ACLU, Title 10 activation of National Guard troops has historically been rare and Congress has prohibited troops deployed under the law from providing “direct assistance” to civilian law enforcement — under both a separate provision of Title 10 as well as the Posse Comitatus Act.

The Insurrection Act, however, is viewed as an exception to the prohibitions under the Posse Comitatus Act.

In 1958, President Eisenhower invoked the Insurrection Act to deploy troops to Arkansas to enforce the Supreme Court’s decision ending racial segregation in schools, and to defend Black students against a violent mob.

Chemerinsky said invoking the Insurrection Act and nationalizing a state’s National Guard has been reserved for extreme circumstances in which there are no other alternatives to maintain the peace. Chemerinsky said he feared the Trump administration is seeking “to send a message to protesters of the willingness of the federal government to use federal troops to quell protests.”

Sen. Adam Schiff said in a social media post that “there is nothing President Trump would like more than a violent confrontation with protestors to justify the unjustifiable — invocation of the Insurrection Act or some form of martial law.”

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In 1992, California Gov. Pete Wilson requested that President George H.W. Bush use the National Guard to quell the unrest in Los Angeles after police officers were acquitted in the beating of Rodney King. That was under a different provision of federal law that allows the president to use military force in the United States. That provision applies if a state governor or legislature requests it.

Jessica Levinson, a law professor at Loyola Marymount University Law School, said the president “is embracing a very broad view of executive power.”

“If the president does use the Insurrection Act,” Levinson said, “we’re going to see big legal battles in the next hours, days and weeks about whether or not those broad grants of authority can be used given these circumstances.”

She noted that while Newsom and Los Angeles Mayor Karen Bass have described the incidents as protests, the president has described it as a violent uprising.

“Everyone should pause when the president is using emergency powers and the governor and the mayor are saying, please don’t, we don’t need this,” Levinson said.

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The Los Angeles Police Department said in a statement that demonstrations on Saturday “remained peaceful … and we commend all those who exercised their First Amendment rights responsibly.”

Chemerinsky wrote in an opinion article that the use of the military to quell protests “is something associated with dictators in foreign countries,” and that any military deployments in domestic situations “should be regarded as a last resort in the United States.”

“Unfortunately, President Trump likely has the legal authority to do this,” Chemerinsky wrote.

“This is not to deny that some of the anti-ICE protests turned violent. But they were limited in size and there is no reason to believe that law enforcement could not control them,” Chemerinsky said. “In the context of everything that we have seen from the Trump administration’s authoritarian actions, this recent action should make us even more afraid.”

California politics editor Phil Willon contributed to this report.

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

new video loaded: Protests Against ICE in Minneapolis Continue Into Friday Night

transcript

transcript

Protests Against ICE in Minneapolis Continue Into Friday Night

Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

The vast majority of people have done this right. We are so deeply appreciative of them. But we have seen a few incidents last night. Those incidents are being reviewed, but we wanted to again give the overarching theme of what we’re seeing, which is peaceful protest. And we wanted to say when that doesn’t happen, of course, there are consequences. We are a safe city. We will not counter Donald Trump’s chaos with our own brand of chaos here. We in Minneapolis are going to do this right.

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Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

By McKinnon de Kuyper

January 10, 2026

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

NEWYou can now listen to Fox News articles!

President Donald Trump said Saturday that Venezuela has begun releasing political prisoners “in a BIG WAY,” crediting U.S. intervention for the move following last week’s American military operation in the country.

“Venezuela has started the process, in a BIG WAY, of releasing their political prisoners,” Trump wrote on Truth Social. “Thank you! I hope those prisoners will remember how lucky they got that the USA came along and did what had to be done.”

He added a warning directed at those being released: “I HOPE THEY NEVER FORGET! If they do, it will not be good for them.”

The president’s comments come one week after the United States launched Operation Absolute Resolve, a strike on Venezuela and capture of dictator Nicolás Maduro as well as his wife Cilia Flores, transporting them to the United States to face federal drug trafficking charges.

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US WARNS AMERICANS TO LEAVE VENEZUELA IMMEDIATELY AS ARMED MILITIAS SET UP ROADBLOCKS

Government supporters in Venezuela rally in Caracas.  (AP Photo)

Following the military operation, Trump said the U.S. intends to temporarily oversee Venezuela’s transition of power, asserting American involvement “until such time as a safe, proper and judicious transition” can take place and warning that U.S. forces stand ready to escalate if necessary.

At least 18 political prisoners were reported freed as of Saturday and there is no comprehensive public list of all expected releases, Reuters reported.

Maduro and Flores were transported to New York after their capture to face charges in U.S. federal court. The Pentagon has said that Operation Absolute Resolve involved more than 150 aircraft and months of planning.

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TRUMP ADMIN SAYS MADURO CAPTURE REINFORCES ALIEN ENEMIES ACT REMOVALS

A demonstrator holding a Venezuelan flag sprays graffiti during a march in Mexico City on Santurday. (Alfredo Estrella / AFP via Getty Images)

Trump has said the U.S. intends to remain actively involved in Venezuela’s security, political transition and reconstruction of its oil infrastructure.

The White House did not immediately respond to Fox News Digital’s request for comment.

President Donald Trump said Saturday that Venezuela has begun releasing political prisoners. (Mark Schiefelbein/AP Photo)

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Fox News Digital’s Morgan Phillips and Greg Norman-Diamond contributed to this reporting.

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

Secretary of Defense Pete Hegseth, who is taking a tour of U.S. defense contractors, on Friday visited a Long Beach rocket maker, where he told workers they are key to President Trump’s vision of military supremacy.

Hegseth stopped by a manufacturing plant operated by Rocket Lab, an emerging company that builds satellites and provides small-satellite launch services for commercial and government customers.

Last month, the company was awarded an $805-million military contract, its largest to date, to build satellites for a network being developed for communications and detection of new threats, such as hypersonic missles.

“This company, you right here, are front and center, as part of ensuring that we build an arsenal of freedom that America needs,” Hegseth told several hundred cheering workers. “The future of the battlefield starts right here with dominance of space.”

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Founded in 2006 in New Zealand, the company makes a small rocket called Electron — which lay on its side near Hegseth — and is developing a larger one called Neutron. It moved to the U.S. a decade ago and opened its Long Beach headquaters in 2020.

Rocket Lab is among a new wave of companies that have revitalized Southern California’s aerospace and defense industry, which shed hundreds of thousands of jobs in the 1990s after the end of the Cold War. Large defense contractors such as Northrop Grumman and Lockheed Martin moved their headquarters to the East Coast.

Many of the new companies were founded by former employees of SpaceX, which was started by Elon Musk in 2002 and was based in the South Bay before moving to Texas in 2024. However, it retains major operations in Hawthorne.

Hegseth kicked off his tour Monday with a visit to a Newport News, Va., shipyard. The tour is described as “a call to action to revitalize America’s manufacturing might and re-energize the nation’s workforce.”

Long Beach Mayor Rex Richardson, a Democrat who said he was not told of the event, said Hegseth’s visit shows how the city has flourished despite such setbacks as the closure of Boeing’s C-17 Globemaster III transport plant.

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“Rocket Lab has really been a superstar in terms of our fast, growing and emerging space economy in Long Beach,” Richardson said. “This emergence of space is really the next stage of almost a century of innovation that’s really taking place here.”

Prior stops in the region included visits to Divergent, an advanced manufacturing company in aerospace and other industries, and Castelion, a hypersonic missile startup founded by former SpaceX employees. Both are based in Torrance.

The tour follows an overhaul of the Department of Defense’s procurement policy Hegseth announced in November. The policy seeks to speed up weapons development and acquisition by first finding capabilities in the commercial market before the government attempts to develop new systems.

Trump also issued an executive order Wednesday that aims to limit shareholder profits of defense contractors that do not meet production and budget goals by restricting stock buybacks and dividends.

Hegseth told the workers that the administration is trying to prod old-line defense contractors to be more innovative and spend more on development — touting Rocket Lab as the kind of company that will succeed, adding it had one of the “coolest factory floors” he had ever seen.

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“I just want the best, and I want to ensure that the competition that exists is fair,” he said.

Hegseth’s visit comes as Trump has flexed the nation’s military muscles with the Jan. 3 abduction of Venezuelan President Nicolás Maduro, who is now facing drug trafficking charges to which he has pleaded not guilty.

Hegseth in his speech cited Maduro’s capture as an example of the country’s newfound “deterrence in action.” Though Trump’s allies supported the action, legal experts and other critics have argued that the operation violated international and U.S. law.

Trump this week said he wants to radically boost U.S. military spending to $1.5 trillion in 2027 from $900 billion this year so he can build the “Dream Military.”

Hegseth told the workers it would be a “historic investment” that would ensure the U.S. is never challenged militarily.

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Trump also posted on social media this week that executive salaries of defense companies should be capped at $5 million unless they speed up development and production of advanced weapons — in a dig at existing prime contractors.

However, the text of his Wednesday order caps salaries at current levels and ties future executive incentive compensation to delivery and production metrics.

Anduril Industries in Costa Mesa is one of the leading new defense companies in Southern California. The privately held maker of autonomous weapons systems closed a $2.5-billion funding round last year.

Founder Palmer Luckey told Bloomberg News he supported Trump’s moves to limit executive compensation in the defense sector, saying, “I pay myself $100,000 a year.” However, Luckey has a stake in Anduril, last valued by investors at $30.5 billion.

Peter Beck, the founder and chief executive of Rocket Lab, took a base salary of $575,000 in 2024 but with bonus and stock awards his total compensation reached $20.1 million, according to a securities filing. He also has a stake in the company, which has a market capitalization of about $45 billion.

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Beck introduced Hegseth saying he was seeking to “reinvigorate the national industrial base and create a leaner, more effective Department of War, one that goes faster and leans on commercial companies just like ours.”

Rocket Lab boasts that its Electron rocket, which first launched in 2017, is the world’s leading small rocket and the second most frequently launched U.S. rocket behind SpaceX.

It has carried payloads for NASA, the U.S. Space Force and the National Reconnaissance Office, aside from commercial customers.

The company employs 2,500 people across facilities in New Zealand, Canada and the U.S., including in Virginia, Colorado and Mississippi.

Rocket Lab shares closed at $84.84 on Friday, up 2%.

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