Politics

Hegseth Stumped by Law 101 Question About Marines in L.A.

UMMMM

The defense secretary failed to cite the constitutional provision that allowed 700 marines to be mobilized in Los Angeles.

Pete Hegseth was at a loss when a senator asked him to cite the part of the Constitution that authorized the deployment of 700 active-duty marines against anti-ICE protestors in Los Angeles.

“I’d have to pull up the specific provision,” Donald Trump’s defense secretary, testifying before the Senate Appropriations Subcommittee Wednesday, told Sen. Tammy Baldwin, a Democrat.

“But our Office of General Counsel, alongside our leadership, has reviewed and ensured, in the order that we set out, that it’s completely constitutional for the president to use federal troops to defend federal law enforcement.”

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Baldwin wasn’t appeased. “Look, I’d like to know the specific constitutional, statutory authority,” she said. The senator observed that Trump had pointed to the law he invoked to send the National Guard into L.A.

“There’s plenty of precedent of active-duty troops being used to support law enforcement—historical precedent,” Hegseth fired back.

Tammy Baldwin.
Sen. Tammy Baldwin pressed Hegseth for an answer several times. ALEX WROBLEWSKI/AFP via Getty Images
U.S. Marines with 2nd Battalion, 7th Marine Regiment, 1st Marine Division, rehearse crowd control tactics at a base in the greater Los Angeles area after being placed in an alert status over the weekend.
U.S. Marines with 2nd Battalion, 7th Marine Regiment, 1st Marine Division, rehearse crowd control tactics at a base in the greater Los Angeles area after being placed in an alert status over the weekend. Cpl. Juan Torres/US Marines/Reuters

Baldwin said she was not trying to dispute this point and pressed Hegseth once more for a straight answer.

“It’s in the order ma’am, but we’ll make sure we get it to you as well,” Hegseth said.

Trump sent in the marines on Monday, after previously deploying 2,000 national guardsmen over the weekend.

While a state’s governor typically signs off in the rare instance when troops are used against American citizens, California Gov. Gavin Newsom, a Democrat, did not approve the decision.

A car burns on East 3rd street after protesters set a car on fire as demonstrators clashed authorities in downtown Los Angeles due to the immigration raids in the city.
A car burns on East 3rd Street after protesters set a car on fire. Jason Armond/Los Angeles Times via Getty Images

The governor has accused Trump of “manufacturing a crisis” by sending in troops and said the move was “purposely inflammatory and will only escalate tensions.”

As Trump again went over his head to deploy marines, Newsom pleaded with a court to intervene. “They must be stopped immediately,” read a court filing.

Trump’s deployment of the National Guard, which cited the Title 10 authority, was already a legal gray area. It says the president can only mobilize the guard against his own citizens in times of invasion or rebellion.