Trump’s Usurpation Proclamation

by William Kristol

On January 1, 1863, the president of the United States, Abraham Lincoln, issued a proclamation ordering

that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

This was the Emancipation Proclamation.

On Saturday evening, June 7, 2025, the president of the United States, Donald J. Trump, issued a presidential memorandum addressed to the secretary of defense, the attorney general, and the secretary of homeland security. One might call it the Usurpation Proclamation. And while this weekend’s mobilization of two thousand National Guard troops in Los Angeles has alarmed many observers, I suspect we aren’t alarmed enough by this presidential order, which has implications far beyond this one action in one place.

Let’s take a look at it. It consists of only three paragraphs.

In the first paragraph, the president asserts that “numerous incidents of violence and disorder have recently occurred and threaten to continue” in response to the execution of federal immigration laws. And, “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.”

This claim of “rebellion against the authority of the Government of the United States” establishes the legal predicate for his action announced in the next paragraph:

In light of these incidents and credible threats of continued violence, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby call into Federal service members and units of the National Guard under 10 U.S.C. 12406 to temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations.

If you look at 10 U.S.C. 12406, the authority Trump is invoking, it authorizes the president to call into federal service the National Guard when “the United States . . . is invaded or is in danger of invasion by a foreign nation, or when there is a rebellion or danger of a rebellion against the authority of the Government of the United States.” The president has claimed in the first paragraph that such a rebellion exists, and so directs the secretary of defense to mobilize at least 2,000 National Guard personnel for a duration of “60 days or at the discretion of the Secretary of Defense.”

And the president, in his proclamation, goes further than the deployment of the National Guard: “The Secretary of Defense may employ any other members of the regular Armed Forces as necessary to augment and support the protection of Federal functions and property in any number determined appropriate in his discretion.”

Note that neither Los Angeles nor the state of California is mentioned in the memorandum. Trump’s mobilization order is in no way limited as to time or place. It is an open-ended authorization for the secretary of defense to mobilize as many troops as he wishes for as long as he wishes, and to deploy them anywhere he wishes within the United States. And these military personnel can be deployed not just where protests have occurred, but anywhere protests “are likely to occur based on current threat assessments and planned operations.”

The memorandum’s final paragraph states that, “To carry out this mission, the deployed military personnel may perform those military protective activities that the Secretary of Defense determines are reasonably necessary” and ensures that the secretary of defense consults with the attorney general and the secretary of homeland security “prior to withdrawing any personnel from any location to which they are sent.”

Again: “Any personnel,” “any location,” and for any length of time.

Trump understands the breadth of his order. When asked by a reporter yesterday if he planned to send troops to Los Angeles, he answered: “We’re gonna have troops everywhere.”