Mark Nevitt

In light of Trump’s decision to send CA National Guard to Oregon, I’m re-upping this piece from @cnas.bsky.social on the troubling scenario of sending outside NG to another state against its will. While the statute is different, the core concern remains.

www.cnas.org/publications...

challenge

“Every morning, landscaping companies deploy these gigantic beasts across the city, strapped to workers’ backs like dystopian World War II-era flamethrowers. The enemies are Atlanta’s leaves, and the blowers are determined to disrupt Zoom calls, infants’ naps, and the tranquility of your home.”

Also check out outstanding work by @bcfinucane.bsky.social and @mikeschmitt.bsky.social and @martylederman.bsky.social on this issue.

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

In light of the second strike on an alleged drug vessel, I’m reupping this article via @justsecurity.org -

www.justsecurity.org/119985/label...

Labels, Not Law, to Justify Lethal Force: Venezuela Boat Strike A new label does not transform a problem or grant the U.S. president or the U.S. military expanded legal authority to kill civilians.

Via @justsecurity.org on the drug vessel strike.

"Labeling these groups . . . does not authorize the use of military force or trigger the military rules that apply in armed conflict."

@bcfinucane.bsky.social @rgoodlaw.bsky.social @tessbridgeman.bsky.social

www.justsecurity.org/119985/label...

Interesting footnote in Judge Breyer's decision on use of the military in California - Chief Bovino of Homeland Security criticized Army General Sherman for his reluctance to use the military in MacArthur Park, "questioning Sherman’s loyalty to the country." @brennancenter.org @justsecurity.org

Thanks Lindsay!

Great analysis, as always via @josephanunn.bsky.social @sreynolds.bsky.social of the @brennancenter.org brain trust!

"The Trump administration is pursuing a maximalist legal approach in deploying the military . . . DC may well be a dry run for even greater reliance on the military to be deployed domestically."

cc @stevevladeck.bsky.social @lizagoitein.bsky.social @chrismirasola.bsky.social

Congress Must Clarify the National Guard’s Section 502 Legal Authorities Understanding the precise scope of the Guard’s legal authorities is important, because Posse Comitatus Act restrictions

In light of WV #National Guard ordered to DC, I'm re-upping this Article via @cnas.bsky.social, calling for reform of a particular statute - 32 USC 502f that is being used as the *likely* legal basis for the deployment.

@josephanunn.bsky.social @lizagoitein.bsky.social

www.cnas.org/publications...

Join us in beautiful #Atlanta, Georgia!

2022 Update: Good Governance Paper No. 6: Domestic Military Operations At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.

@lizagoitein.bsky.social @josephanunn.bsky.social @stevevladeck.bsky.social and I have been arguing for reforming the #DC #National Guard, which is "outdated and dangerous."

Re-upping two articles via @justsecurity.org:

www.justsecurity.org/79971/2022-u...

www.justsecurity.org/74098/why-d-...

Good question. Atlanta influences everything.

If EPA repeals its endangerment finding, the basis for industry’s fervent wish to displace state climate litigation is gone. You CANNOT have it both ways. See: journals.library.wustl.edu/lawreview/ar...

Bob Percival and I wrote this in 2019 in the Washington University Law Review in anticipation of the endangerment finding going away.

Via @lawfaremedia.org some takeaways from the #Texas floods -

- Improve #climate risk information
- Invest in adaptation measures before disaster strikes
- Resource the #CoastGuard
and emergency first responders
-Retreat when necessary
-Fully Fund Science

Honored to be named as part of the @justsecurity.org Editorial Team. Extremely grateful to @rgoodlaw.bsky.social and the Just Security team for taking a chance on me over the years to get my thoughts out on climate change, national security, and use of the military domestically!

The Mounting Crisis of Militarizing Immigration Enforcement When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

In light of state and local law enforcement doing more immigration enforcement, I’m re-upping this article via @justsecurity.org that highlights the rise of “287g” agreements between #DHS and state/local police and National Guard

> 800 agreements and rising!

www.justsecurity.org/114395/the-m...

Must read from @lawfaremedia.org ‘s brilliant @sranderson.bsky.social

And remember that the other side gets a vote. Lots of US military in Bahrain (5th Fleet) and Gulf states.

The Mounting Crisis of Militarizing Immigration Enforcement When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

Professor Emeritus William C. Banks and @marknevitt.bsky.social write: The Mounting Crisis of Militarizing Immigration Enforcement at www.justsecurity.org/114395/the-m... #lawsky

Think Globally on Climate, Act Locally on Leaf Blowers | The Regulatory Review Restricting gas-powered leaf blowers can positively affect the health of people and the planet.

www.theregreview.org/2023/02/06/n...

Can’t think of another case. We will see what happens on appeal. This is unique as the ruling focused on 10 USC 12406, which is not commonly used.

Wow - Judge Breyer orders California National Guard to effectively be “unfederalized” and returned to Newsom’s control. No ruling on pending Marine deployment to LA. Trump will appeal.

storage.courtlistener.com/recap/gov.us...

I assign this the first day of classes. Thank you!

The Mounting Crisis of Militarizing Immigration Enforcement When part-time soldiers police their neighbors, federal authority displaces state and local officials, and strains civil-military relations.

From @justsecurity.org today, w/ Bill Banks
Thanks to @rgoodlaw.bsky.social

"The U.S.has been widely respected for its tradition of entrusting law enforcement to civilians - the uniformed military fights wars and keeps Americans safe from foreign adversaries."
www.justsecurity.org/114395/the-m...

Re-upping written testimony to @judiciarydems.senate.gov's on dangers of using military for deportation.

"Activating the National Guard for a nationwide immigration law enforcement mission would be inconsistent with the limited scope of past domestic deployments . . "
law.emory.edu/_includes/do...

Best thread yet on the #ICE crackdowns and military deployments to California - from @brennancenter.org's indomitable and brilliant @lizagoitein.bsky.social

Must read.

Difference between Rules for Use of Force and Rules of Engagement.

We don't know the Marine unit yet, but most Marines are trained in combat ROE.

Marines deploying to LA, here are toplines:
- Posse Comitatus Act restrictions STILL APPLY
- Mission is Defense *Support* to Law Enforcement
- Rules for Use of Force apply (not combat ROE)
- Different Chain of command to Northern Command
- Indirect support OK, Direct support (detain, arrest) not OK

In light of the California/ICE news and National Guard deployment (and possible Marine deployment), I'm re-upping this piece via @lawfaremedia.org

"Different training rules, operational risks, and past experience caution restraint."

www.lawfaremedia.org/article/depl...