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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBreaking - Gov Walz to deploy National Guard in
Minneapolis & St Paul
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https://www.kaaltv.com/news/gov-walz-authorizes-minnesota-national-guard-to-be-staged/
Lovie777
(21,765 posts)Horse with no Name
(34,208 posts)I smell a constitutional crisis in the making.
marble falls
(71,104 posts)MustLoveBeagles
(14,781 posts)drray23
(8,584 posts)Unless he explicitly instructs them to kick ICE out (which is not realistic), they are not going to do anything.
The only advantage I see is that maybe this will stop Trump from trying to activate them himself, since they already will be deployed by the Governor.
ancianita
(42,900 posts)The agents will be redirected from operations in Chicago and New Orleans. The deployment is expected to last until Sunday, the newspaper reported, citing documents it obtained.
Noem also stated that ICE operations would continue in Minneapolis, which saw a surge of about 2,000 federal agents this week to target immigrant populations.
Walz likely intends to head them off and turn them back at the state entry points, if that's possible.
marble falls
(71,104 posts)ancianita
(42,900 posts)Recent court rulings have established that federal courts can block a president from federalizing a state's National Guard if the specific legal criteria for federal intervention are not met.
A governor can challenge the federalization in court, and courts can support the governor's objection.
2025 cases):
In several cases involving the Trump administration's attempts to deploy the National Guard in California, Oregon, and Illinois, federal courts and an appellate court ruled against the administration.
A federal judge in Oregon ruled that the President "did not have a lawful basis to federalize the National Guard" for the purposes intended.
Courts determined that the circumstances in these cases (protests and immigration enforcement) did not meet the stringent criteria of an "insurrection, rebellion, or obstruction of federal law" as required by the relevant statute (10 U.S.C. § 12406).
The U.S. Supreme Court denied an emergency request by the Trump administration to keep troops in Illinois, upholding a lower court's block on the deployment.
Posse Comitatus Act: Courts note that when federalized, the Guard becomes subject to the Posse Comitatus Act, which generally prohibits the use of federal military forces for domestic law enforcement unless an exception (like the Insurrection Act) is lawfully invoked.
Governor's Authority: These rulings reinforced the principles of federalism, confirming that state governors retain significant authority over their National Guard units when they are not lawfully federalized.
AzTired64
(37 posts)Although I consider myself well read person who can hold is own in most conversations, I only have a high school diploma. With that being said, those here who have their J.D. Please answer these questions for me 1) Governor Walz has no authority to stop Federal Officers from entering his state due to the Supremacy Clause of the Constitution? 2) The interstate road system technically falls Federal jurisdiction, yes or no? I am curious.
ancianita
(42,900 posts)As for roads, states are under interstate commerce law, so yes, the feds can travel across the country.
I don't know about interstate highway law, but I do know that state roads and state highway patrols are jurisdictionally under state governors.
marble falls
(71,104 posts)AntiFascist
(13,731 posts)ancianita
(42,900 posts)Bluetus
(2,300 posts)And that's fine.
But we also need to hear from Keith Ellison. It is bullshit for them to say (paraphrasing) "Golly, we can't do anything about prosecuting because the FBI is taking over and not letting us play."
Complete, unadulterated bullshit, and that has to stop.
This manslaughter or murder (it obviously was one of the two) broke state law and must be prosecuted by the state. In many murder cases, they couldn't get very far if the FBI confiscated all the forensics. But you don't need any damn forensics in this case. There are videos that show everything there is to see. This case could literally go to court tomorrow if Jonathan Ross was in custody. There is nothing to investigate. It is all right there on video.
And there are plenty of eyewitnesses that the state can easily interview because they live in the area. They don't need the freaking FBI, and the FBI cannot stop MN from moving ahead with prosecution.
So please, Ellison, Walz, and Mayor Frey, stop this bullshit right now. Do your damned job.
AZJonnie
(2,831 posts)Bluetus
(2,300 posts)I believe DU makes a good effort to maintain an atmosphere where we can have honest exchanges, and that is so much better than living in a Fox bubble.
And it is that selfsame bubble that is killing our society now, literally killing as of yesterday. We learned from Noem's own Botox lips that this guy has a history of excessive force.
There is strong tendency among elected Dems and their consultants to "play it safe, don't take the bait, don't take a strong position, don't let them pin you down. Lay low and we'll get through this. The system will right itself. Clearer heads will prevail." That might be good advice in normal times.
These are not normal times. We must think of this as if we are at war for the very existence of our democracy, because we are -- and we are losing it.
We can't just lash out randomly. We have to be smart about it. But this is a clear case where powerful action is needed and available to us. Being "Minnesota nice" is not the answer this time.
Here is Ellison on CNN: https://www.cnn.com/2026/01/08/us/video/minnesota-attorney-general-fbi-ellison-digvid
He ever-so-gently says he can do his own investigation. That is a baby step in the right direction,, but I would have preferred if he had come in with:
AZJonnie
(2,831 posts)SSJVegeta
(2,322 posts)Use the footage to get a warrant and hes officially a fugitive.
Bluetus
(2,300 posts)He probably has fled to Texas or Florida where he thinks he will not be surrendered for extradition.
But that is tomorrow's problem. One step at a time. A murderer is on the loose and it should be pursued like any other murderer-at-large case.
PortTack
(35,815 posts)crimycarny
(2,003 posts)I think a lot of us are frustrated, I know I am, with so many of the Democratic leadership doing nothing to fight back, versus getting on TV and saying how "disappointed" they are (Schumer). At least Walz isn't giving up without a fight, which it appears so many in the Democratic leadership are.
Trump is your typical bully who often backs down when he is pushed back on by someone he senses he can't push around. Gavin Newsom is a perfect example of that.
Trump has lost in court on this issue several times now; maybe he won't want another loss, as narcissists can't stand that.
I guess we'll see. I certainly hope Walz wins this battle.
marble falls
(71,104 posts)On at least ten occasions since World War II, the President has mobilized National Guard troops for
missions within the borders of the U.S. and retained them under federal authority. All these instances would fall
within the broad confines of the Constitution, which authorizes the President to call up the militia "to execute the
Laws of the Union, suppress Insurrections and repel Invasions." (Article I, Section 8, Clause 15)
Three earlier mobilizations, (Whiskey Rebellion, Dorr's Rebellion, and Mexican Border) also demonstrate
federal use of troops for these purposes and are discussed here.
-snip-
1967 Detroit Riots -23 July to 2 August 1967. Authorized by Executive Order 11364. 10,253 Michigan Army National Guard
federally mobilized.
1968 -King Assassination Riots -1,854 DC Guard, 5-16 April 68 (Executive Order 11403 of April 5, 1968). 7,174
Illinois Guard in Chicago, 7-11 April 68 (Executive Order 11404 of April 7, 1968). 5,783 Maryland National Guard in
Baltimore, 7-12 April 68 (Executive Order 11405 of April 7, 1968). Total 14,811 federalized.
1970 -New York City Postal Strike -24 March 70 -?? April 70. Authorized by Executive Order 11519 of 23 March
70. 28,100 total Active and Reserve (26,273 reserve, of which 10,845 ARNG and 1,876 ANG). More than 1,000
troops delivered mail in NYC's financial district; the rest sorted mail and kept strikers from interfering with delivery.
1989 -Virgin Islands (Hurricane Hugo) -Initially, beginning on 16 Sept, a Territorial mobilization. On Sept. 20, 1989, via
Executive Order 12690, President Bush invoked the Insurrection Act to federalize the National Guard to impose order
following violence and looting in the wake of Hurricane Hugo. Virgin Islands reported 954 Army National Guard and 29 Air
National Guard personnel mobilized for Fiscal Year 1989.
1992 -LA (Rodney King) Riots -11,398 California Guard. At first a state active duty call up, but after two days, President
Bush invoked the Insurrection Act and called the Guard into federal service: Executive Order 12804, May 1, 1992. Virtually
the entire 40 th Infantry Division was mobilized.
2025 - Los Angeles (Immigration & Customs Enforcement protests) - President Donald Trump invokes an Executive
Order and cites 12406 Title 10 USC, on 7 June 2025, placing 2,000 of the California National Guard under federal service.
First invocation of this provion.
marble falls
(71,104 posts)ancianita
(42,900 posts)ancianita
(42,900 posts)The agents will be redirected from operations in Chicago and New Orleans. The deployment is expected to last until Sunday, the newspaper reported, citing documents it obtained.
Noem also stated that ICE operations would continue in Minneapolis, which saw a surge of about 2,000 federal agents this week to target immigrant populations.
popsdenver
(1,561 posts)is doing this intentionally to aggravate the citizens to exhibit violence so he can use the insurrection act and declare martial law, therefore using the U.S. Military against it's citizens by also repealing the Posse Commatatus Act......
It will be interesting to see what is going on in Portland.....coincidentally another BLUE State.......
They will escalate this increasingly until the MAGA's take to the streets with their weapons to help the feds out...
It pleases me greatly that the FBI has taken over the Minneapolis shooting.......SARCASM !!!!!!!!!!!!!!!!!!!!!
Bimbo Bondi and Krusty Noem.........what a pair of *****...................
progressoid
(52,585 posts)gonna get messy.
ashredux
(2,871 posts)marble falls
(71,104 posts)Igel
(37,369 posts)Because a searches on various sites with either general or specific search terms pulls up goose eggs. Not the kind you could scramble and eat (assuming they're palatable--haven't tried).
marble falls
(71,104 posts)ancianita
(42,900 posts)ashredux
(2,871 posts)ancianita
(42,900 posts)Recent updates on the situation:
1.
Governor Walz issued a "warning order" on January 7, 2026, to prepare the Minnesota National Guard for potential deployment, an action under his state authority. He explicitly stated that Minnesota does not need federal help from President Trump or Homeland Security Secretary Kristi Noem.
2.
Federal immigration enforcement operations are currently active in Minneapolis and the wider Twin Cities area, with the Department of Homeland Security launching a major operation on January 6, 2026. These operations involve federal agents, not the federalized Minnesota National Guard.
3.
The U.S. Supreme Court recently ruled against the Trump administration's efforts to deploy federalized National Guard troops in other cities like Chicago without the state governor's consent, finding a lack of legal authority for such actions under the circumstances presented.
4.
President Trump has backed off pushes to federalize the Guard in Los Angeles, Chicago, and Portland following various legal setbacks.
5.
The authority to activate the National Guard under state command for domestic crises rests with the state governor. The President can only federalize the guard under specific circumstances like an insurrection or foreign invasion, typically after invoking the Insurrection Act, which has not happened for the situation in Minnesota.
Tribetime
(7,058 posts)NickB79
(20,247 posts)I'm 45 min south of Minneapolis.
mysteryowl
(8,034 posts)womanofthehills
(10,715 posts)Some schools were closed the rest of this week as ICE went to a high school for some teachers and ended up spraying some of the kids.
Minneapolis schools cancel classes after Border Patrol clash disrupts dismissal at Roosevelt
The move came after officials at Roosevelt High School said armed U.S. Border Patrol officers came on school property during dismissal Wednesday and began tackling people, handcuffed two staff members and released chemical weapons on bystanders.
Link to tweet
?s=46
Link to tweet
?s=46
marble falls
(71,104 posts)drray23
(8,584 posts)I have yet to see any of that in the news or on social media.
ancianita
(42,900 posts)EuterpeThelo
(178 posts)As if the murder of Renee Nicole Good (and let's not forget, many before her as well - but, fair or not, her death has been an inflection point more for the media than the previous ones because wh!te woman) - wasn't beyond enough, now with the breaking reports out of Portland, I am really really scared right now.
ancianita
(42,900 posts)No, Donald Trump has not recently invoked the Insurrection Act as of today, January 8, 2026.
While President Trump has repeatedly threatened and "floated" the possibility, HE HAS NOT DONE THIS.
Response to ancianita (Reply #42)
Name removed Message auto-removed
flvegan
(65,776 posts)Nowhere does it say anything about doing Jack Shit about ICE gunning down the citizenry. Anyone who thinks the National Guard is going to do anything to ICE except clear a road or make protestors stay conveniently out of the way is completely delusional.
Hate repeating myself.
SamuelTheThird
(591 posts)Institutions won't save you
wiggs
(8,684 posts)Maj. Dude
(34 posts)To know how they (ice) travel. Fly, crew bus, U-haul or personal vehicle?
Because what I see on TV in a 5 second clip makes it difficult to stop them at a state line.
ancianita
(42,900 posts)ICE themselves don't travel. They have offices and operations centers all over the country.
But this is how they generally transport detained folks...
Detainees might be bused between facilities or to airports for flights.
U.S. Immigration and Customs Enforcement (ICE) transports people primarily through its Air Operations (IAO) division, using chartered aircraft (like Boeing 737s) and commercial airlines for domestic transfers to detention facilities and international removals to countries of origin, often coordinating with foreign governments and using brokers like CSI Aviation to manage flights, while also employing other methods like tracking vehicles via ALPRs.
ICE uses Automatic License Plate Readers (ALPRs) to track vehicles and gather data on where people live, work, or travel, as explained in this handout.
OC375
(446 posts)There isn't much they can do, is there? If the intent is to have them shoot back at ICE in MSP, I don't think that's going to happen. If the intent is to have them physically fight/block/rumble with ICE Agents in MSP, I really don't see that happening either. They aren't cops, at least not beat cops in the traditional sense either, so I'm not sure they'll be saying "Hands up, let that guy go, you're under arrest!" to ICE agents, nor "You can't be here, you're under arrest" except maybe on state property? I don't see them renditioning ICE agents either.
marble falls
(71,104 posts)... My newsfeed gave me a partial head line
"Trump invoking "insurrection act"... "
I finally found it:
Trump Invoking Insurrection Act Speculation Grows After ICE Shooting
https://www.newsweek.com/trump-insurrection-act-ice-shooting-walz-11328894
My apologies for any confusion.
MorbidButterflyTat
(4,189 posts)based on a bogus partial "news" feed.
That is NOT cool.