Ever since he was ignominiously blocked from shooting George Floyd protesters, Donald Trump has been itching to sic the military on U.S. citizens. Seizing California’s National Guard and sending U.S. Marines into Los Angeles to deliberately escalate violence brings his long-festering fever dream closer to life.
Trump’s former Defense Secretary Mark Esper has recounted how, during a White House meeting in 2020, Trump looked at Joint Chiefs of Staff Gen. Mark Milley and asked why he couldn’t just shoot protesters, adding, “It was (both) a suggestion and a formal question. And we were just all taken aback at that moment as this issue hung very heavily in the air.”
Milley pushed back on that suggestion and other illegal Trump impulses, eventually leading Trump to call for Milley’s execution and revoke his security detail. During Trump 1.0, Trump apparently suggested shooting protesters enough times that Esper issued a public statement opposing the use of the Insurrection Act against protesters, enraging Trump.
Trump made sure that would not happen again in his second administration by appointing a dangerously unqualified defense secretary with few moral qualms. As a Fox News host, Pete Hegseth echoed Trump’s desire to deploy the military against protesters. He defended war criminals who ‘killed the right people in the wrong ways,’ advocating “total war against our enemies… All of ’em, you stack bodies, and when it’s over, then you let the dust settle and you figure out who’s ahead.”
A trillion-dollar defense budget to kill whom, exactly?
Even though the U.S. is not at war, and Trump has shamefully abandoned our NATO military alliances, Hegseth waxes hard on “lethality,” and rails against “woke” laws that punish soldiers for indiscriminate killings. Trump/Hegseth seek a trillion-dollar defense budget, not to defend America from foreign enemies who are now Trump’s mentors, but to attack “enemies within,” i.e., Americans who oppose Trump’s agenda.
None of this, including Trump’s deliberate escalation of violence in LA, was unforeseen. Who can forget how Kamala Harriswas panned as histrionic when she said Trump would sic the military on U.S. citizens, following his promise to do just that? In October, 2024, Trump said he’d use the military against the biggest threat to America — Americans who don’t support him.
“I think the (main problem we face) is the enemy from within,” Trump said, adding: “We have some very bad people. We have some sick people, radical left lunatics. And I think they’re the big — and it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen.”
Both he and Hegseth have already weeded out military officers who would honor their oaths to the Constitution over illegal orders from Trump. This week, Hegseth inadvertently confirmed that the military, under Trump, will become a domestic force when he testified before Congress, saying, “We’re entering another phase, especially under President Trump with his focus on the homeland, where the National Guard and Reserves become a critical component of how we secure that homeland.”
It’s galling that no congressman has connected the dots and asked about explosive military spending that Trump/Hegseth have signaled will be used against Americans.
Dubious legal grounds
As of this writing, Trump has not declared martial law, but recent Trump history, paired with his glaring mental illness, suggests it’s “when,” not “if.”
Trump’s plan to use troops to impose his domestic agenda is decidedly un-American. Today it includes deportations and manufacturing civil unrest; tomorrow, Trump’s goons will round up journalists who criticize him, judges, Democrats, and political opponents, as just happened Thursday when Sen. Alex Padilla (D-CA) was tackled to the ground for trying to ask Kristi Noem questions.
If you have any doubt, watch Trump’s illegal and partisan address at Ft. Bragg, where he led troops in uniform to wildly “boo” journalists, California’s governor, and LA’s mayor. If you have any lingering naivety, still hoping soldiers will honor their oaths and not follow America’s Hitler, that speech will erase it.
For now, Trump is acting in LA pursuant to a presidential memorandumdeploying the National Guard under a rarely used federal law, 10U.S.C.§12406. Under that code, a president possesses the power to federalize the National Guard only when there is “a rebellion or danger of rebellion” against federal authority, or when the president cannot execute federal laws. As Trump sees it, this assessment depends on his own untrained and undisciplined opinion. Under that statute, however, the National Guard can only support other law enforcement officers and defend federal property.
The Posse Comitatus Act also remains in effect, prohibiting the use of the military as a domestic law enforcement agency, except in extraordinary circumstances not yet present in LA despite Trump’s best efforts. The Insurrection Act of 1807, the authority under which Hegseth sent active Marines to LA, is a broader set of statutes granting Trump the power to use military force in specific circumstances, including suppressing armed rebellion, civil disorder, or other extreme circumstances where the states are unable to maintain public order.
Gov. Gavin Newsom formally objected to Trump sending troops, because California in general, and LAPD in particular, have sufficient resources to maintain order. Newsom knows that when US Marines start shooting civilians, whether in LA, Chicago, or New York, violence will ratchet up to the necessary threshold to circumvent Posse Comitatus and allow Trump to declare martial law.
Sabrina Haake is a 25+ year federal trial attorney specializing in 1st and 14th A defense. Her columns are found @ Alternet, Chicago Tribune, Howey Political Report, Indiana Democrats’ Kernel of Truth, Inside Indiana Business, MSN, Out South Florida, Raw Story,Salon,Smart News, South Florida Gay News, State Affairs, and Windy City Times. Her Substack, The Haake Take, is free.