Latest news with #ErwinChemerinsky
CNN
2 days ago
- Politics
- CNN
Smerconish: Trump is on a Roll - Smerconish on CNN - Podcast on CNN Podcasts
Smerconish: Trump is on a Roll Smerconish on CNN 44 mins CNN Michael Smerconish weighs in on the recent victories for the Trump administration this week. Then, David Urban, a former Trump Campaign adviser, and Xochitl Hinojosa, a former DNC communications director, join Smerconish to discuss how the American public is reacting to Trump's latest wins. Plus, Andrew Daniller, a Pew Research Associate, shares his latest research on how non-voters would have influenced the outcome of the 2024 presidential election. And, the U.S. Supreme Court handed a blockbuster decision to limit judges' from issuing nationwide injunctions against the Trump administration. Erwin Chemerinsky, Dean of UC Berkely Law School, weighs in on the court's decision.
CNN
2 days ago
- Politics
- CNN
SCOTUS limits judges ability to stop Trump
The U.S. Supreme Court handed a blockbuster decision to limit judges' from issuing nationwide injunctions against the Trump administration. Erwin Chemerinsky, Dean of UC Berkeley Law School, weighs in on the court's decision.
Yahoo
08-06-2025
- Politics
- Yahoo
Chabria: The insurrection that wasn't, and other Trump fantasies
To hear our national leaders tell it, Los Angeles is in chaos and our governor and mayor are out to lunch with the police, blissfully ignoring reality as the city burns. "These Radical Left protests, by instigators and often paid troublemakers, will NOT BE TOLERATED," President Trump wrote on social media, shortly after ordering the National Guard onto our streets. "To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States," he wrote in a memo Saturday, authorizing 2,000 National Guard troops to be deployed in L.A. for at least 60 days. Put down your macha lattes and trade in your Birkenstocks for boots, folks. We are the revolution, apparently, so dangerous only a seasoned military can stop us. The only problem, of course, is that Los Angeles is not in chaos on this particular sunny Sunday and the vast majority of Angelenos are just trying to enjoy the weekend without becoming a federal prisoner. Read more: What really happened outside the Paramount Home Depot? The reality on the ground vs. the rhetoric Trump's memo will go into the history books as a moment when presidential power expanded to put under his control a military force aimed at U.S. civilians. While not unprecedented, the dean of UC Berekley's law school, Erwin Chemerinsky, said it was "stunning." All the more so because the deployment is based on a lie. Yes, there has been some violence in the past few days as federal immigration authorities round up criminals and regular folks alike in deportation sweeps. If you keep the camera angle tight on those protests, as many media outlets have done, it does look dire. Rocks being thrown, even Molotov cocktails. Masked protesters hammering at concrete pillars outside of a downtown federal building. Cars on fire. All of this is terrible and those responsible should be arrested — by our local police and sheriffs, who are more than up to the job of handling a few hundred protesters. But 99% of this city business as usual, with brunches and beach walks and church and yoga classes. And even in those few pockets where the protests are happening, such as a march downtown Sunday, this is Los Angeles — I've seen more chaos after a Lakers game. Jessica Levinson, a law professor at Loyola Law School, told my colleague Seema Mehta that while it's extremely unusual for a president to take federal control of troops, it's not unprecedented and maybe not illegal. It happened in 1992 during the Los Angeles riots after the Rodney King verdict. "One of the exceptions is when there is violence and the inability of the federal government to enforce federal laws," Levinson said. "And that is exactly what the president is arguing is happening." My intrepid colleagues at this paper have been on the ground since the first protests began, and, as their reporting shows, the majority of what is happening is peaceful, and isolated. Even the cops agree. And seriously, when the cops are agreeing there's no riot — there is no riot. "Demonstrations across the City of Los Angeles remained peaceful and we commend all those who exercised their First Amendment rights responsibly," the LAPD wrote in a statement Saturday night. Still, by Sunday morning, those troops, in full military gear with guns in hand, (presumably with less-lethal ammo, I hope) were arriving. The U.S. Northern Command tweeted that the 79th Infantry Brigade Combat Team has some members on the ground in Los Angeles, with more to come. "These operations are essential to halting and reversing the invasion of illegal criminals into the United States. In the wake of this violence, California's feckless Democrat leaders have completely abdicated their responsibility to protect their citizens," Karoline Leavitt, the White House Press Secretary, further explained before they arrived. Read more: News Analysis: A political lesson for L.A. from an unrestrained president Also, as you plan your week, there is now a dress code — at least for civilians, not the authorities intent on hiding their identities. "(F)rom now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why???" Trump wrote. All this, Gov. Gavin Newsom said, is "Not to meet an unmet need, but to manufacture a crisis." He's right — Los Angeles has landed a starring role in Trump's war on brown people. It makes sense. We are a city of immigrants, of all colors, and a Democratic — and democratic — one at that. What's not to hate? Mayor Karen Bass told my colleague Rachel Uranga that her office had tried to talk to the White House to tell them "there was absolutely no need to have troops on the ground," but got nowhere. "This is posturing," Bass said. "They want violence," Newsom added in a Sunday email. "Don't give them the spectacle they want." I'm not sure that's possible. There will always be the bad actors, the violent ones, at any protest. And again — they should be arrested. But Trump is going to laser-focus on those few to make an example of this city, and to increase his own power. Because while this "insurrection" is a fantasy, his dream of more power seems all to real. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
08-06-2025
- Politics
- Los Angeles Times
The insurrection that wasn't, and other Trump fantasies
To hear our national leaders tell it, Los Angeles is in chaos and our governor and mayor are out to lunch with the police, blissfully ignoring reality as the city burns. 'These Radical Left protests, by instigators and often paid troublemakers, will NOT BE TOLERATED,' President Trump wrote on social media, shortly after ordering the National Guard onto our streets. 'To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States,' he wrote in a memo Saturday, authorizing 2,000 National Guard troops to be deployed in L.A. for at least 60 days. Put down your macha lattes and trade in your Birkenstocks for boots, folks. We are the revolution, apparently, so dangerous only a seasoned military can stop us. The only problem, of course, is that Los Angeles is not in chaos on this particular sunny Sunday and the vast majority of Angelenos are just trying to enjoy the weekend without becoming a federal prisoner. Trump's memo will go into the history books as a moment when presidential power expanded to put under his control a military force aimed at U.S. civilians. While not unprecedented, the dean of UC Berekley's law school, Erwin Chemerinsky, said it was 'stunning.' All the more so because the deployment is based on a lie. Yes, there has been some violence in the past few days as federal immigration authorities round up criminals and regular folks alike in deportation sweeps. If you keep the camera angle tight on those protests, as many media outlets have done, it does look dire. Rocks being thrown, even Molotov cocktails. Masked protesters hammering at concrete pillars outside of a downtown federal building. Cars on fire. All of this is terrible and those responsible should be arrested — by our local police and sheriffs, who are more than up to the job of handling a few hundred protesters. But 99% of this city business as usual, with brunches and beach walks and church and yoga classes. And even in those few pockets where the protests are happening, such as a march downtown Sunday, this is Los Angeles — I've seen more chaos after a Lakers game. Jessica Levinson, a law professor at Loyola Law School, told my colleague Seema Mehta that while it's extremely unusual for a president to take federal control of troops, it's not unprecedented and maybe not illegal. It happened in 1992 during the Los Angeles riots after the Rodney King verdict. 'One of the exceptions is when there is violence and the inability of the federal government to enforce federal laws,' Levinson said. 'And that is exactly what the president is arguing is happening.' My intrepid colleagues at this paper have been on the ground since the first protests began, and, as their reporting shows, the majority of what is happening is peaceful, and isolated. Even the cops agree. And seriously, when the cops are agreeing there's no riot — there is no riot. 'Demonstrations across the City of Los Angeles remained peaceful and we commend all those who exercised their First Amendment rights responsibly,' the LAPD wrote in a statement Saturday night. Still, by Sunday morning, those troops, in full military gear with guns in hand, (presumably with less-lethal ammo, I hope) were arriving. The U.S. Northern Command tweeted that the 79th Infantry Brigade Combat Team has some members on the ground in Los Angeles, with more to come. 'These operations are essential to halting and reversing the invasion of illegal criminals into the United States. In the wake of this violence, California's feckless Democrat leaders have completely abdicated their responsibility to protect their citizens,' Karoline Leavitt, the White House Press Secretary, further explained before they arrived. Also, as you plan your week, there is now a dress code — at least for civilians, not the authorities intent on hiding their identities. '(F)rom now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why???' Trump wrote. All this, Gov. Gavin Newsom said, is 'Not to meet an unmet need, but to manufacture a crisis.' He's right — Los Angeles has landed a starring role in Trump's war on brown people. It makes sense. We are a city of immigrants, of all colors, and a Democratic — and democratic — one at that. What's not to hate? Mayor Karen Bass told my colleague Rachel Uranga that her office had tried to talk to the White House to tell them 'there was absolutely no need to have troops on the ground,' but got nowhere. 'This is posturing,' Bass said. 'They want violence,' Newsom added in a Sunday email. 'Don't give them the spectacle they want.' I'm not sure that's possible. There will always be the bad actors, the violent ones, at any protest. And again — they should be arrested. But Trump is going to laser-focus on those few to make an example of this city, and to increase his own power. Because while this 'insurrection' is a fantasy, his dream of more power seems all to real.
Yahoo
08-06-2025
- Politics
- Yahoo
The legal issues raised by Trump sending the National Guard to L.A.
The Trump administration announced Saturday that National Guard troops were being sent to Los Angeles — an action Gov. Gavin Newsom said he opposed. President Trump is activating the Guard by using powers that have been invoked only rarely. Trump said in a memo to the Defense and Homeland Security departments that he was calling the National Guard into federal service under a provision called Title 10 to "temporarily protect ICE and other United States Government personnel who are performing Federal functions." Title 10 provides for activating National Guard troops for federal service. Such Title 10 orders can be used for deploying National Guard members in the United States or abroad. Erwin Chemerinsky, one of the nation's leading constitutional law scholars, said 'for the federal government to take over the California National Guard, without the request of the governor, to put down protests is truly chilling.' 'It is using the military domestically to stop dissent,' said Chemerinsky, dean of the UC Berkeley School of Law. 'It certainly sends a message as to how this administration is going to respond to protests. It is very frightening to see this done.' Tom Homan, the Trump administration's 'border czar,' announced the plan to send the National Guard in an interview Saturday on Fox News as protesters continued confronting immigration agents during raids. 'This is about enforcing the law,' Homan said. 'We're not going to apologize for doing it. We're stepping up.' 'We're already ahead of the game. We were already mobilizing,' he added. 'We're gonna bring the National Guard in tonight. We're gonna continue doing our job. We're gonna push back on these people.' Newsom criticized the federal action, saying that local law enforcement was already mobilized and that sending in troops was a move that was 'purposefully inflammatory' and would 'only escalate tensions.' The governor called the president and they spoke for about 40 minutes, according to the governor's office. Critics have raised concerns that Trump also might try to invoke the Insurrection Act of 1807 to activate troops as part of his campaign to deport large numbers of undocumented immigrants. The president has the authority under the Insurrection Act to federalize the National Guard units of states to suppress 'any insurrection, domestic violence, unlawful combination, or conspiracy' that 'so hinders the execution of the laws' that any portion of the state's inhabitants are deprived of a constitutional right and state authorities are unable or unwilling to protect that right. The American Civil Liberties Union has warned that Trump's use of the military domestically would be misguided and dangerous. According to the ACLU, Title 10 activation of National Guard troops has historically been rare and Congress has prohibited troops deployed under the law from providing 'direct assistance' to civilian law enforcement — under both a separate provision of Title 10 as well as the Posse Comitatus Act. The Insurrection Act, however, is viewed as an exception to the prohibitions under the Posse Comitatus Act. In 1958, President Eisenhower invoked the Insurrection Act to deploy troops to Arkansas to enforce the Supreme Court's decision ending racial segregation in schools, and to defend Black students against a violent mob. Hina Shamsi, director of the ACLU's National Security Project, wrote in a recent article that if Trump were to invoke the Insurrection Act 'to activate federalized troops for mass deportation — whether at the border or somewhere else in the country — it would be unprecedented, unnecessary, and wrong.' Chemerinsky said invoking the Insurrection Act and nationalizing a state's National Guard has been reserved for extreme circumstances in which there are no other alternatives to maintain the peace. Chemerinsky said he feared that in this case the Trump administration was seeking "to send a message to protesters of the willingness of the federal government to use federal troops to quell protests.' In 1992, California Gov. Pete Wilson requested that President George H.W. Bush use the National Guard to quell the unrest in Los Angeles after police officers were acquitted in the beating of Rodney King. That was under a different provision of federal law that allows the president to use military force in the United States. That provision applies if a state governor or legislature requests it. California politics editor Phil Willon contributed to this report. Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
