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The Dictatorship

Trump’s decision to unilaterally deploy the National Guard comes with an ironic twist

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Trump’s decision to unilaterally deploy the National Guard comes with an ironic twist

President Donald Trump’s unilateral actions deploying at least 2,000 National Guard members to downtown Los Angeles this weekend — contrary to the stated desire of California Gov. Gavin Newsom — has appropriately raised serious concerns regarding federalism, authoritarianism and politicization of our armed forces. While the use of the U.S. military on American streets isn’t new, from disaster response following Hurricane Katrina to helping Los Angeles quell its 1992 riots, Trump’s militarization of the already tense situation in Los Angeles is unprecedented. Moreover, the move threatens to exacerbate tensions instead of lessen them.

Trump’s militarization of the already tense situation in Los Angeles is unprecedented.

Trump’s order is unlike other domestic uses of the military because the American norm revolves around states. States are primarily responsible for the safety of their city streets, with governors requesting help from the federal government only when needed. During one of the worst U.S. civil disturbances outside the Civil War, for example, then-California Gov. Pete Wilson asked President H.W. Bush for federal military assistance during the 1992 L.A. riots.

Presidents have only rarely bypassed governors and, without their consent, commanded federal military assets (both active duty military and federalized National Guard units) to deal with domestic unrest, largely during the Civil Rights Movement (the last time governors were cut out of the picture was in 1965, when President Lyndon B. Johnson federalized members of the National Guard to protect civil rights protesters marching from Selma to Montgomery).

In stark contrast, instead of protecting protestors, Trump federalized the National Guard this past weekend without Newsom’s support, which risks squashing First Amendment-protected protests against his administration’s draconian immigration dragnet, thereby throwing gasoline on an already volatile situation. Trump claimed this was necessary to protect federal agents and property from a “rebellion” in Los Angeleseven though Newsom and Los Angeles Mayor Karen Bass were effectively using the Los Angeles Police Department, state Highway Patrol and the L.A. County Sheriff’s Department at the time to deal with sporadic violence associated with what began as largely peaceful protests.

Critically, from the start of these protests Newsom had the authority to deploy his own California National Guard units to assist local L.A. law enforcement personnel if needed; like all governors, he could specifically order members of his National Guard to engage in policing, including arrests, searches and seizures. This powerful domestic law enforcement authority of National Guard units working for their governor is critically important and represents a huge distinction between guard and active duty units.

Unlike in the active duty military, domestic law enforcement is a traditional role for states’ National Guard units. As citizen soldiers tracing their roots to state militias at the time of the Revolutionary War, members of the National Guard working for their governor are not seen as the same threat to democracy that federal troops have been. The National Guard’s role in the U.S. democratic schema is unique; guard units across the country work first and foremost for their governors in both domestic law enforcement and disaster response capacities. The president can also call them up to federal service, under the Pentagon’s command and control, to fight foreign wars, to assist in repelling invasion or rebellion, and to help execute federal law. Traditionally, when used domestically, National Guard units typically continue to fall under the command and control of their governor (or are federalized only at the request of the affected governor), except in the very rare cases not seen since the 1960s, like during the desegregation of the high school in Little Rock, Arkansas.

This distinction between the National Guard, who work primarily for their state governors, and the active duty military and reserves is a critical one and reveals a historic mistrust of federal troops (as opposed to the National Guard) being used on American streets. Alexander Hamilton expressed one of our Founding Father’s greatest fears — that the U.S. military, while necessary for a strong union, could be used by a tyrannical president against “we the people,” thereby replacing democratic power with authoritarian rule. This fear focused on the active duty military, not the militias (today’s guard) embedded day in and day out in their towns and villages.

Alexander Hamilton expressed one of our Founding Father’s greatest fears — that the U.S. military, while necessary for a strong union, could be used by a tyrannical president against “we the people.”

This deep American aversion to federal troops being deployed on our city streets is legally manifested in the Could County Actwhich prohibits active-duty military — and National Guard units when working for the president, therefore indistinguishable from active duty troops — from law enforcement (policing) duties, unless expressly authorized by other law. Traditionally, that exception has been the use of another venerable federal law — the Insurrection Act.

Notably, while Trump has lawfully federalized National Guard troops under a separate statute that allows him to do so in case of invasion or rebellion or to execute federal laws — one that seemingly vests in him the discretion to decide when such rebellion is present or law execution is needed — he has not concomitantly invoked the Insurrection Act. Meaning the California National Guard troops that the governor could have deployed to engage in policing in Los Angeles cannot now legally engage in such activities, because they work for the president and are barred from law enforcement until the Insurrection Act is invoked.

Given the lack of Insurrection Act invocation, it’s no wonder the president’s order stresses that the National Guard will engage in protective activities only, with no mention of law enforcement. Yet protective functions could easily transform into the need to engage in law enforcement. By inflaming tensions by sending in federal troops (the guard units deployed to L.A. are indistinguishable from active duty troops now that they are federalized, though far better trained in law enforcement than active duty units), Trump may have created the need to invoke the Insurrection Act, thus allowing him to order not only the National Guard, but also active duty troops to police the streets of Los Angeles.

Trump’s order to federalize the California National Guard seems lawful under the broad discretion of the statute used (though it requires that orders to federalize flow through the governor, which the Trump administration has largely ignored). Yet Trump’s actions — including a possible Insurrection Act invocation — run contrary to the historical use of these powers. They instead represent not only a dangerous escalation for those on the ground, but a dangerous precedent in the abuse of the armed forces for political ends, and a dangerous move for those on the streets of Los Angeles.

Rachel E. VanLandingham

Rachel E. VanLandingham is the Irwin R. Buchalter professor of law at Southwestern Law School, Los Angeles.

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The Dictatorship

The DOJ has a death penalty wish list. And firing squads aren’t even the worst part.

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ByAustin Sarat

After the Justice Department released a report Friday to “Restore and Strengthen the Federal Death Penalty,” the national and international public rightly focused on the DOJ’s recommendation to bring back the firing squad as an execution method. The firing squad is a particularly brutal way to put someone to death. Unlike lethal injection, which seeks to mask the horror it inflicts on the executed, the firing squad turns execution into a spectacle of cruelty for those who witness it.

The firing squad is a particularly brutal way to put someone to death.

But the first mention of a firing squad appears on page 30 of Acting Attorney General Todd Blanche’s 52-page document. The parts of the report that precede and follow the first mention of that execution method are even more troubling. There, we find the DOJ whitewashing the racism and arbitrariness that have long characterized the federal death penalty and laying out a plan to dramatically curtail the rights of people held on death row.

As much as death penalty opponents are right to call out Blanche and the DOJ for embracing the barbarity of the firing squad, they need to also highlight the department’s seeming eagerness to kill people, its dismissal of evidence that the death penalty is unfairly applied and its complete disdain for the previous administration’s capital punishment record.

Indeed, the report is mostly a political hit job on former President Joe Biden from a White House that remains fixated on trying to discredit him and his administration. While seeking to revive federal executions, it devotes page after page to attacking the former president and former Attorney General Merrick Garland. It takes Garland to task for scaling back federal death penalty prosecutions, imposing a moratorium on executions and recommending that Biden commute the sentences of 37 of the 40 people on the federal death row. As for those commutations, the report accuses Biden of doing great damage “to the rule of law itself.”

That’s pretty rich coming from an administration that has done so much to hollow out the meaning and practical effect of the rule of law.

In its report, the DOJ devotes 15 pages to the history of capital punishment in the U.S.: five pages to the years 1789 to 2021 and 10 pages to Biden’s single term. Though its authors don’t acknowledge it, this disproportionate focus on the alleged errors of former Attorney General Garland and the president he served suggests that Trump and his allies want to increase the number of executions for political reasons.

Apparently, in the eyes of the Trump administration, Garland’s worst sin was his direction to the Department of Justice that persons accused of capital crimes and those who are awaiting execution be treated “fairly and humanely.”

The well-documented defects of the federal death penalty aren’t even mentioned in the Justice Department report.

The well-documented defects of the federal death penalty aren’t even mentioned in the Justice Department report. But it is clear that race plays a troubling role in federal executions just like it does in state executions.

Data compiled by the Death Penalty Information Center shows that from 1989 to June 2024, “73% of individuals authorized for federal capital prosecution were people of color.” In addition, “Of all the peo­ple fed­er­al­ly sen­tenced to death, 60% (48 out of 80) have been peo­ple of col­or. The over­rep­re­sen­ta­tion of non-white defen­dants per­sists despite the Department of Justice’s com­mit­ment to a ​‘race blind’ approach to review­ing and approv­ing capital prosecutions.”

It is clear that the victim’s race matterstoo. As the American Civil Liberties Union has rightly observed“By continuing to authorize the death penalty disproportionately for cases with White victims, the federal government is sending the intolerable message that it values the life of a White person more than the life of a person of color.”

The death penalty’s discriminatory application, along with well-documented instances of false convictions in capital cases, require that all capital cases be carefully scrutinized. You would never know that from reading the Justice Department report.

Quite the opposite.

The report recommends that the department “examine existing Supreme Court precedent to identify whether certain decisions, especially regarding categorical exemptions for certain crimes or defendants, are inconsistent with the 8th amendment.” The one example it offers is a Supreme Court case that held that the death penalty is unconstitutional “‘for the rape of a child where the crime did not result, and was not intended to result, in death of the victim.’”

Moreover, the Justice Department report wants to expedite appellate review in capital cases and to “prevent capital defendants from attempting to delay their executions by filing” what it calls “meritless legal challenges.”

The Trump Justice Department’s desire to bring back the firing squad should shock and offend every American. In comparison with other execution methods, the firing squad has not been used very often. Texas A & M’s Michael Conklin offers an explanation: “Hurling projectiles toward an inmate in the hopes of causing cardiac failure, asphyxiation, or some other condition that will result in death, is far from an exact science.” And when it has been used, as South Carolina Professor Mark Smith told The Associated Press last yearit has created  “a vision of terror.”

But whatever its preferred execution method, all Americans should be offended by this administration’s politically motivated agenda to short-circuit reviews of death cases in a system that’s notoriously plagued by racial discrimination and other miscarriages of justice.

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. The views expressed here do not represent Amherst College.

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The Dictatorship

Israel’s new ‘buffer zone’ in Lebanon is a huge gift to Hezbollah

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ByHussein Ibish

The killing of veteran Lebanese journalist Khalil’s charity last Wednesday represents among the worst elements of the renewed fighting between Israel and Hezbollah, particularly the dangers to civilians posed by Israel’s new “buffer zone.” And if Israeli military officials are to be believed, the goal may be to create a huge area under permanent Israeli control.

On March 1, Hezbollah launched a salvo of projectiles, after which Israel demanded all civilians leave all of southern Lebanon that lies south of the Litani River. Over a million people left their homes and flooded into Beirut. While working as a journalist within that zone, Khalil was killed by IDF troops (and a colleague of hers was severely injured).

Khalil’s employer, Lebanese government officials and rights groups said Khalil’s car was clearly marked and rescue workers were prevented from reaching her for hours as she slowly died under rubble. Israeli officials said they were in a car that left a Hezbollah-linked building driving toward the “yellow line” delineation of a new “buffer zone” in southern Lebanon.

The overwhelming backlash I witnessed created political space for a clear repudiation of Hezbollah’s militia status and authorization for the Lebanese Armed Forces to disarm the group.

Israel has cast Khalil as a Hezbollah operative and, thus, a legitimate target. She worked for Al Akhbar, a newspaper with pro-Hezbollah sympathies, but there is no evidence Khalil was anything other than a reporter. It cannot go unnoticed that Israel has a long history of killing troublesome journalists such as Shireen Abu Akhleha Palestinian American Al Jazeera reporter who was shot to death in 2022 while wearing a clearly marked blue vest labeled “PRESS” in the occupied West Bank.

The war in southern Lebanon has followed Israel’s Gaza playbook: near-total depopulation and destruction. The aim has been to deny Hezbollah any supportive environment by removing the entire society.

But the IDF’s  new “yellow line” map suggests Israel wants to gobble up a large chunk of Lebanese territory south of the Litani that it has been coveting since the early 1950squite possibly to divert waters from that river and the Wazzani River (both of which flow down from the Israeli-occupied Golan Heights) and cut Lebanon off from one of its two offshore gas fields. There is far more potentially at play here than just security or “buffer zone.”

And it’s all likely to backfire and strengthen Hezbollah. The Lebanese government, which has shown a greater willingness to confront and contain Hezbollah than it has in the past, has been compelled to strongly denounce Israel’s conduct. Protests by Lebanese Prime Minister Nawaf Salam and President Joseph Aounechoing the Committee to Protect Journalists and other groups, indicate how badly Israel has misread the political equation.

Salam and Aoun led the cabinet in immediately denouncing Hezbollah for resuming hostilities and engineered a hitherto unthinkable unanimous cabinet decision identifying all of the organization’s paramilitary activities and arsenal illegal, unconstitutional and banned. Even Hezbollah’s Shiite allies in the cabinet from the Amal party endorsed the decision.

I was in Lebanon from late January to mid-March, and the overwhelming backlash I witnessed created political space for a clear repudiation of Hezbollah’s militia status and authorization for the Lebanese Armed Forces to disarm the group.

Lebanese Armed Forces Cmdr. Gen. Rodolphe Haykal, however, fears the military could split over a confrontation with Hezbollah, and he doesn’t want to be blamed for any resulting civil conflict. While Lebanese political leaders have tried to convince the military to move against the group in key southern areas, Israel has sabotaged them by overreaching.

The displacement of almost everyone in the south, combined with the new IDF map suggesting a major land grab plus potential diversion of water and Israeli control over Lebanese offshore gas, has alarmed even those most opposed to Hezbollah in Lebanon.

But a new Israeli occupation will not produce calm. Instead, it will take Hezbollah back to its 1982 founding mission: battling Israeli occupation troops in southern Lebanon. An Israeli land grab or occupation is an ideal scenario for Hezbollah’s paramilitary rebuilding and political rehabilitation, following the devastating 2023-2024 war that was triggered when Hezbollah launched attacks on Israel in solidarity with Hamas’ Oct. 7 attacks.

Khalil was killed during a Trump administration-brokered ceasefire, which was recently extended by another three weeks. But Israel plainly only agreed to this pause, which neither side has fully respected, under U.S. pressure. The Lebanese and Israeli ambassadors to the U.S. have met twice in person at the State Department, demonstrating Israel has an unprecedented opportunity to deal with a Lebanese government that wants Hezbollah disarmed and contained, and it is willing to negotiate diplomatic normalization with Israel — unthinkable until now.

But Israel has not accepted that the only alternative to a Hezbollah-dominated Lebanon is a strengthened Lebanese state run with authority from Beirut through the LAF. And it has faced a Lebanese government that unanimously has endorsed that, but by trying to depopulate, devastate and occupy much of the south, while seemingly gobbling up Lebanese water and natural gas.

Israel has made it as difficult as possible for political leaders in Beirut to move against Hezbollah.

But a new Israeli occupation will not produce calm. Instead, it will take Hezbollah back to its 1982 founding mission: battling Israeli occupation troops in southern Lebanon.

Whatever Israel says, virtually no one in Lebanon believes Khalil was a fighter or operative for Hezbollah. The seemingly casual way in which she was dispatched, and especially the apparent blocking of rescue crews for many crucial hours while she was under the rubble, reinforces a belief in Lebanon that Israel is on an irrational rampage.

The political costs this has imposed on leaders such as Salam and Aoun, who want the same thing Israel says it does — a disarmed and contained Hezbollah — have been almost prohibitive. Yet they have persisted with negotiations, while explaining they are just trying to “save Lebanon.”

Yet the U.S.-imposed ceasefire is heavily dependent on Washington’s negotiations to end hostilities with Tehran. President Donald Trump has said Iran must end financial support for Hezbollah, but his administration’s war goals and demands have been constantly in flux since the war began. For now, Israel and Hezbollah have continued to blame each other for limited violations and portraying themselves as respecting the truce. Yet it will only last another three weeks.

If Israel returns to the fighting as soon as possible, as Prime Minister Benjamin Netanyahu has given every impression of wanting to do, and continues imposing a new occupation in southern Lebanon, along with apparent efforts to seize Lebanese water and natural gas, the narrow and delicate political opportunity for the Lebanese state to take a hard line with Hezbollah will be squandered. Nothing could be better calculated to salvage Hezbollah from its own endless blunders and miscalculations, and provide the group a golden opportunity to rebuild militarily and politically.

We have seen this movie many times before, so we know how it ends: very badly for Lebanese and Israelis alike. The only winners will be in Tehran.

Hussein Ibish

Hussein Ibish is a senior resident scholar at the Arab Gulf States Institute in Washington.

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The Dictatorship

Black Army captain accuses supervisor — a chaplain — of racist threat

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Black Army captain accuses supervisor — a chaplain — of racist threat

A Black woman who serves as an officer in the U.S. Army has come out with allegations of racism that paint a disturbing picture of the culture Defense Secretary Pete Hegseth has helped harbor at the Pentagon.

The allegations raise fresh questions about the military’s treatment of Black personnel — in particularBlack women — amid bigoted attacks on diversity by Hegseth and his underlings.

They also raise questions about the supposed “top-down cultural shift” Hegseth has vowed to oversee among military chaplains — essentially, spiritual guides — whom the secretary has derided for offering service members “emotional support.”

Army Capt. Tatyana Jordan spoke with Military.com about what she faced after experiencing what she interpreted as a racist threat from Chaplain Maj. Edward Blackledge, Jordan’s supervisor at the Army’s Institute for Religious Leadership:

According to Jordan, on Aug. 13, 2025, her supervisor, Chaplain Maj. Edward Blackledge, instructed a religious affairs noncommissioned officer (NCO) to patch a hole in the office they all shared. The NCO was suffering from an injury to his arm or hand that made the project difficult for days on end.

Due to being unable to execute the task and cut into the drywall, Jordan volunteered to do it instead and said she would still complete her TRADOC (U.S. Army Training and Doctrine Command) analysis for later that same afternoon.

That was when Blackledge allegedly said the following to her: ‘You need to focus on getting that spreadsheet done before the meeting or I’ll need to tie you to a tree and beat you.

During the era of chattel slavery, enslaved Black people were often tied to trees and whipped as a form of racist torturewhich their slave drivers used to bring them into submission.

Jordan said she would “never forget” her supervisor’s statement, telling Military.com that it evoked thoughts of anti-Black lynchings:

This was not said in isolation. It was said by a senior leader, in uniform, in a professional Army environment. As a Black woman, that statement carried a weight far beyond the words themselves. It evoked a deeply painful and violent history in this country: lynching, racial terror, and the dehumanization of people who look like me.

Jordan also told Military.com that Blackledge told her at the time that he was “joking,” but that she still reported the incident to military police. She said the police chalked up the comments to being a “bad joke” and that a call to the Army’s inspector general’s office made clear that “IG wanted nothing to do” with the situation.

The Defense Department did not immediately respond to MS NOW’s request for comment.

Military.com got access to an investigative report the Army conducted on the alleged incident. The outlet notes that the report, which MS NOW has not independently confirmed, includes a sworn statement from Blackledge claiming he “never made racial jokes” about anyone in the Army. He apparently went on to say he didn’t remember making the “tie you to a tree” remark before conceding he told Jordan he would have to “punch her in the face.”

According to the report:

‘I do not recall making the statement, ‘I need to tie you to a tree and beat you,’’ Blackledge said in his statement. ‘I’m not denying that I said it, but I do not recall making that statement. I do recall telling CPT Jordan, in jest, that I would have to punch her in the face if she did not complete a specific project on time. I may have made the alleged statement during the same conversation.

Here, we see a prime example showing why — at minimum — the U.S. military is in dire need of the very diversity, equity and inclusion efforts that people like Hegseth have long decried. The defense secretary and his allies would have us believe that the U.S. military and its leadership are naturally sensible and at risk of distraction by conversations about properly welcoming women and nonwhite people into the ranks.

But that doesn’t square with the story of a female Black Army captain being intimidated with a threat that sounds eerily close to slave torture.

Ja’han Jones is an MS NOW opinion blogger. He previously wrote The ReidOut Blog.

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