Trump is creating forces to invade blue states -- contact your governor, state attorney general, and state legislators now

Tell your blue state officials that they must proactively protect the people of your state from Trump's "specialized units."

We have to do all we can to head off the occupation of blue states by National Guard troops unlawfully activated in or sent to them. Right now, that means alerting your state officials to the danger and urging them to take strong prophylactic measures.

This morning, Donald Trump signed an Executive Order that directs a barrage of federal agency action to escalate his dictatorial takeover of the District of Columbia. Embedded in the EO is a deeply chilling provision that orders Pete Hegseth and the DOD to create specialized military units for rapid deployment across the nation for "quelling civil disturbances and ensuring the public safety and order whenever the circumstances necessitate." Trump is commanding the creation of standing army units to occupy states across the country. "[T]he Secretary of Defense shall ensure the availability of a standing National Guard quick reaction force that shall be resourced, trained, and available for rapid nationwide deployment (emphasis mine)." Trump also said, in a press conference announcing this executive order, that he is ready to send the National Guard into states even without a gubernatorial consent.

Trump's order directs the Department of Defense to train, equip, and use the National Guard for law enforcement purposes across the country. This, despite the Posse Comitatus Act, which forbids the use of the federal military for domestic law enforcement unless Congress specifically authorizes such a use or it is specifically authorized directly by the U.S. Constitution. There is neither statutory nor constitutional authorization for what Trump has ordered today. So, Trump is invoking the provisions of a different statute, the one he has invoked to authorize his take-overs of the District of Columbia during both his terms as president. That statute is part of the legislative scheme that governs the National Guard, 32 U.S. Code § 502(f). According to that provision, required National Guard training may include training or duty to "[s]upport ... operations or missions undertaken by the member’s unit at the request of the President or Secretary of Defense." But, when the President or Secretary of Defense requests this sort of support "National Guard members remain under the control of the governors of their home states and are not considered to be performing active-duty service as part of the regular Armed Forces." Under Title 32 status, National Guard troops receive their pay from the federal government but remain under the control of the states. Thus, they are not considered acting armed forces of the federal government and are not bound by the Posse Comitatus Act.

It seems obvious, though, that for a state's National Guard troops to be activated via Title 32, the state's governor has to give the ok – this is just what it means for the National Guard to remain under control of the states.

It isn't clear precisely how Trump and Hegseth envision putting the National Guard into states without consulting governors and without the governors agreeing to the deployment. Maybe Trump plans on using red state troops activated by cooperating Republican governors, though this is blatantly unlawful. Maybe he plans to sidestep the governors entirely and simply have Hegseth command the specialized units to invade any state at all.

Our problem is that once Trump and Hegseth send troops into the streets of states where the governor has neither been consulted nor consented, it is going to be near impossible to roll that action back via the courts. The current rogue Supreme Court may well use the shadow docket, substantive opinions, or both to green-light whatever Trump and Hegseth do.

Now is the time to contact your governor, your state attorney general, your state legislators. Tell them that you expect them to be proactive in protecting the state's residents from Trump's specialized forces. Specifically tell them:

• The governor should be in close contact with the head of the National Guard in the state making it clear that under a Title 32 scenario, the governor remains in charge of the Guard.
• The governor should get an affirmative commitment from the National Guard leadership that they understand this and will not comply with orders from the federal government or federal military unless directed to do so by governor and unless the governor is acting freely and not under duress or coercion.
• The governor and the state attorney general should formally notify the Department of Defense right now that they have no plans to accept or authorize the deployment of any "specialized units" for the purposes described in Trump's executive order.
• Your state legislator should our sponsor and support resolutions opposing the use of the "specialized units" in your state.

Again: We have to do all we can to head off the occupation of blue states by National Guard troops unlawfully activated in or sent to them. Right now, that means alerting your state officials to the danger and urging them to take strong prophylactic measures.