Tuesday, June 10, 2025

LA Protests: Trump's National Guard Move Sparks Legal Concerns

 https://www.newsweek.com/la-protests-trump-national-guard-move-legal-concerns-2082432

President Donald Trump's announcement of the deployment of the National Guard in California to quell protests against U.S. Immigration and Customs Enforcement (ICE) actions has raised legal concerns.

The law referenced in Trump's proclamation allows National Guard troops to be placed under federal command, and permits this under three conditions: if the U.S. is invaded or faces the threat of invasion; if there is a rebellion or imminent rebellion against federal authority; or if the president is unable to enforce federal laws using regular forces.

‘Fabricated crisis’: Retired General reacts to Trump's deployment of troops to L.A.

'An unbelievable, oversized reaction': Claire McCaskill rebukes Trump over National Guard order

War on the rule of law’: Nicolle Wallace on the intentional chaos unleashed by Trump in Los Angeles

Sotah :miracle or psychological?

Ramban (Bamidbar 5:20) Now there is nothing amongst all the ordinances of the Torah which depends upon a miracle, except for this matter, which is a permanent wonder and miracle that will happen in Israel, when the majority of the people live in accordance with the Will of G-d;

Rambam(Moreh Nevuchim (3:49) Since accusations of adultery and suspicions of it are very numerous concerning a woman, we have been commanded in the laws of Sotah. For this matter causes every married woman to guard herself very carefully and to make as many precautions as possible for herself, lest her husband's heart be offended by her, for fear of the ceremony of Sotah. For even if she were pure and confident in herself, most people would redeem themselves with all their wealth to avoid the ceremony of Sotah, and would even prefer death to that great disgrace, which involves the uncovering of her head and the loosening of her hair as well as the ripping of her clothes and walking around the Temple while being watched by the public audience of men and women as well as the judges of the Sanhedrin. This concern prevents serious problems that upset the order of many homes

Accurate Biographies or Inspiration?

R. Shimon Schwab (Selected Witings 234) What ethical purpose is served by preserving a realistic historic picture? Nothing but the satisfaction of curiosity. We should tell ourselves and our children the good memories of the good people, their unshakeable faith, their staunch defense of tradition, their life of truth, their impeccable honesty, their boundless charity and their great reverence for Torah and Torah sages. . .. Rather than write the history of our forebears, every generation has to put a veil over the human failings of its elders and glorify all the rest which is great and beautiful. That means we have to do without a real history book. We can do without. We do not need realism, we need inspiration from our forefathers in order to pass it on to posterity.’

Stories of gedolim are often fabricated for inspiration

 Originally published 6/14 - relevant to the current discussion of the Chofetz Chaim's Dybuk.

Rav Hillel Zaks (Mishpacha – "Living the Legend" page 55 June 2, 2014): Rebbetzin Faiga Chaya Zaks was once quoted as having said that 85 percent of the stories told about her father aren't reliable. In response, Rav Hillel and his brother Rav Yaakov Yehoshua asked, "How could di Mamme have said that? It's surely over 90 percent?!" 

In the family, the biography written by Rav Moshe Meir Yoshor is considered the most reliable of all that's been written about the Chofetz Chaim, in part because it was done during his lifetime. Reb Yisroel Meir once left a certain work on the Chofetz Chaim on the table just to see Rav Hillel's reaction to it. 

"You know, the writer of this book is afraid to face me," Rav Hillel remarked. 

"What's wrong with it?" Reb Yisroel Meir's wife asked. 

"Let me show you," said Rav Hillel. Opening to a random page, he read out loud a story about a Radin bochur who went to take leave of the Chofetz Chaim before going home, The Chofetz Chaim looked at him and said, "Is that the way a ben Torah looks when he goes home?" At that, he went into the back and came out with a jacket to replace the torn one the bochur was wearing. 

"Now, what do you think," Rav Hillel said. "The Chofetz Chaim had a rack of clothes in the back and said, 'You know, you look like a 45 regular'? The only part of the story that could be true is that somebody came in to say goodbye to him." 

Twenty-two years ago, Rav Hillel, Rav Yaakov Yehoshua, and Rav Yisroel Meir sat shivah in Yerushalayim for their mother. A visitor sat down in the front and said, "I know for certain that the Chofetz Chaim had a ramp in his house, which he'd practice running up and down in anticipation of the rebuilding of the Beis Hamikdash." 

Just then, the brothers heard someone in the back of the room say with obvious dry humor, "Mir dacht zich az der salon fun der Chofetz Chaim iz nit gevehn azoy groys ... [I don't think the Chofetz Chaim's living room was that big]." 

It was the voice of Rav Avraham Yehoshua Soloveitchik.
======== update  6/20/2014
Rav Nosson Kaminetsky (Making of a Godol page xx):  (In composing this book, I have generally accepted as authentic stories about earlier generations even when they were not conveyed by my father or some other unusually reliable individual. I was reluctant, of course, to rely on reports that emanated from people whom I considered unable to judge events properly, but I did not suspect anyone of prevaricating intentionally. Similarly, unless the writer was blatantly' tendentious, I assumed that printed facts were credible. (I have this faith in people despite a report by R' Velvel Kercerg that Rebbitzen Feigel Zaks, the Chafetz-Chaim's youngest daughter, told him, "Eighty percent of what they tell about [my father] is not true." I cannot help but assume that in order to bring out bluntly the idea that not everything told about R' Yisrael-Meir Kagan, author of Chafetz Chaim, is true, his daughter exaggerated the percentage of untruths.)

Rav Nosson Kaminetsky(Making of a Godol page xxv):
R' Mordkhai Schwab, however, had a negative view of "storytelling" when he told me, "The Satmarer Rav, R' Yoilish Teitelbaum, never told stories because he said, 'You cannot educate through lies - sheker].'" R' Mordkhai agreed with R' Yoilish in reference to stories intended to glorify their principals while dehumanizing them. R' Yoilish echoed a statement by R' Yehoshua'-Yoseph Preil, Rav of the Lithuanian town of Krok. In a 5656 (1896) review of Toldos Yisroel of Zev Ya'avetz, published a year earlier in Warsaw, R' Preil set down the following ethic: "To create stories that never happened and present them as facts for the sake of teaching morals - woe is to the musar precept built on as brittle a foundation as a lie! '' Even hasidim, the celebrated story tellers who are more suspect than others in creating legends about their leaders (from whom the Satmarer Rav was evidently trying to distance himself by his statement), are careful in separating fact from fiction. I was told by R' Shimon Deutchy that he had asked the Lubavitcher Rebbe, R' Menahem-Mendel Schneerson, whether when writing about the arrest and release of his father-in-law, R' Yoseph-Yitzhaq Schneerson, he should mention or omit the fact that R' Yoseph-Yitzhaq's secretary, R' Hayyim Lieberman, was arrested and released with him. (R' Lieberman was opposed to R' Menahem-Mendel's ascendancy to the Lubavitch throne and did not recognize him as Rebbe after he assumed the position.) R' Menahem-Mendel responded, "History must be written   [true to its truth]" - and explained his redundancy: "This includes not polishing up any word.  Also Pulmus HaMussar  (The Musar Controversy), a book about the dispute in the late 5650's (1890's) in which most of the great Torah figures came out publicly against the Musar movement. The author, Musar adherent R' Dov Katz, tells how "many opinions were heard" by him "that we should avoid the entire affair "; but "several Musar personalities" including R' Yehiel-Yankev Weinberg and R' Hatzqel Sarna insisted not only that he should write about the controversy, but - as R' Sarna put it - that "he set down in writing the full affair without omitting any detail, be what it may." 

Trump deploys Marines amid LA tensions

 https://thehill.com/newsletters/morning-report/5341592-senate-debates-medicaid-cuts/

President Trump on Monday described the Los Angeles protests against his administration’s migrant deportation policies as “well under control” just as California Gov. Gavin Newsom (D) filed suit against Trump, alleging he overstepped his authority by mobilizing the National Guard when there was no “invasion” against the U.S. government.

Newsom maintains that local law enforcement officers have managed crowd control, highway safety and incidents of property destruction. Police used tear gas and more than 600 rubber bullets and other “less than lethal” munitions among the protesters over the weekend, the Los Angeles department said Monday. Newsom argued that use of military troops in domestic law enforcement added to public tensions and represented an illegal infringement of the governor’s sovereign state authority under law. 

The Associated Press: Trump vows to “HIT” any protester in California who spits on police. He pardoned those who did far worse during the U.S. Capitol riots on Jan. 6, 2021.

Newsom, widely viewed as a leading contender for the presidency in 2028, maintains that Trump sought to elbow his way into a weekend drama while failing to evaluate, consult or tap local law enforcement expertise. 

Trump’s troop deployment is a warning sign for what comes next, legal scholars fear

 https://www.politico.com/news/2025/06/09/trump-national-guard-deployment-legal-00394387

President Donald Trump’s deployment of 2,000 National Guard troops to Los Angeles is stretching the legal limits of how the military can be used to enforce domestic laws on American streets, constitutional law experts say.

But Trump’s stated rationale, legal scholars say, appears to be a flimsy and even contrived basis for such a rare and dramatic step. The real purpose, they worry, may be to amass more power over blue states that have resisted Trump’s deportation agenda. And the effect, whether intentional or not, may be to inflame the tension in L.A., potentially leading to a vicious cycle in which Trump calls up even more troops or broadens their mission.

“It does appear to be largely pretextual, or at least motivated more by politics than on-the-ground need,” said Chris Mirasolo, a national security law professor at the University of Houston.

Trump is acting like an authoritarian; California’s crisis now rests on what he does next

 https://edition.cnn.com/2025/06/10/politics/trump-newsom-california-national-guard-protests-analysis

Donald Trump is talking and acting like an authoritarian as he escalates a constitutional clash with California over his migration crackdown.

Much now depends on whether he’s simply talking tough or if he’s ready to take an already-tense nation across a fateful line in his zeal for strongman rule.

In a mind-boggling moment, on Monday, the president of the United States — the country seen as the world’s top steward of democracy for 80 years — endorsed the arrest of the Democratic governor of the nation’s most populous state.

“I think it would be a great thing,” Trump, the only convicted felon ever to serve as president, told reporters as he strode across the South Lawn of the White House.

Later, Trump deployed hundreds of active-duty Marines to Los Angeles and authorized the arrival of 2,000 more National Guard reservists after a weekend of unrest that saw clashes with police and burning cars in contained areas of the city. The protests were triggered by Immigration and Customs Enforcement sweeps seeking undocumented migrants in a city and state that are epicenters of Democratic power.

California and Los Angeles officials reject Trump’s claims that they have lost control. On Monday evening, law enforcement officers pushed back demonstrators throwing projectiles with flash bangs.

Newsom: Pentagon lying over LA to justify National Guard deployment

 https://thehill.com/policy/defense/5340795-newsom-accuses-pentagon-lies-la-protest/?tbref=hp

California Gov. Gavin Newsom (D) on Monday accused the Defense Department of “lying to the American people” in justifying deploying National Guard troops to the state to quell Los Angeles protests against federal immigration raids, asserting that the situation intensified only when the Pentagon deployed troops.  

“The situation became escalated when THEY deployed troops,” Newsom posted to X, referring to the Pentagon. “Donald Trump has manufactured a crisis and is inflaming conditions. He clearly can’t solve this, so California will.”

California Lawsuit Accuses Trump of 'Unprecedented Power Grab' In L.A.

 https://www.newsweek.com/california-lawsuit-trump-national-guard-la-protests-2083168

California on Monday filed a lawsuit against President Donald Trump's administration over its order to deploy 2,000 National Guard troops to Los Angeles without Democratic Governor Gavin Newsom's approval.

The federal intervention represents a sharp disagreement between state and federal authorities over jurisdiction and necessity. Newsom has maintained that local authorities are capable of handling the tumult and accused Trump of deliberately inflaming tensions through the deployment.

California Sues Trump Over National Guard Deployment in Los Angeles

 https://www.wsj.com/us-news/california-trump-lawsuit-national-guard-aea1d6e2?mod=WSJ_home_mediumtopper_pos_4

Lawsuit asks the court to stop the order calling up troops in response to protests over the weekend

California sued the Trump administration on Monday over its decision to send in National Guard troops in response to protests over immigration enforcement, calling it an unconstitutional use of executive power that usurped the state’s authority.

Why Trump’s move toward using the military on US soil is so fraught

 https://edition.cnn.com/2025/06/09/politics/military-trump-los-angeles-analysis

The country hangs on a hugely significant precipice, as President Donald Trump moves toward making good on his long-running suggestions of an extraordinary step: deploying the military on US soil.

About 700 Marines have now been mobilized to join the National Guard in Los Angeles to deal with demonstrations over federal immigration raids, CNN reports. The Marines were previously on “ready to deploy” status. (It is still unclear what their specific task will be once in Los Angeles, sources told CNN. And like the National Guard troops, they are prohibited from conducting law enforcement activity such as making arrests unless Trump invokes the Insurrection Act.)

But to hear the White House tell it, this show of force is not just the right thing to do but also a political winner.