WASHINGTON, D.C. (The Washington Post) — President Donald Trump’s decision to use Title 32 to activate D.C. National Guard forces will allow him to use them to conduct law enforcement while they are under his direct control, national security legal experts said.
Typically troops activated by the president are under federal orders, known as Title 10. But that federal control forbids them from conducting law enforcement on U.S. soil under the Posse Comitatus Act.
But there is no governor in D.C.
Dan Meyer, a partner who specializes in national security law at the law firm Tully Rinckey, said the administration put the forces under Title 32 orders because that “puts the president in charge. That’s why they are doing it in D.C. The president is the president and the governor in this situation.”
Under this structure, the troops will be under the secretary of the Army and the secretary of defense, with Trump ultimately in charge.
“Typically a request for support would come from a governor — but in this case using Title 32 allows Trump to essentially make the request to himself for the troop support,” Meyer said.
Meyer said by utilizing Title 32, the Guard can take direct action, such as conducting arrests, against Americans. An Army official told The Washington Post that so far there were not plans for troops to engage in law enforcement, but they could conduct arrests if needed.
