Our own on-call lawyer, Aaron Walker, did a legal deep dive on Section 12406 earlier Thursday, under which President Donald Trump has deployed 4,000 National Guard troops to Los Angeles. Prof. Margot Cleveland posted on Wednesday that the Trump administration had filed a response to California Gov. Gavin Newsom's motion for a temporary restraining order on National Guard troops. The administration argues:

In short, Section 12406 affords no veto to Governor Newsom over the President’s decision to call forth the guard, just as it afforded no veto to Governor Faubus when President Eisenhower last invoked the predecessor to Section 12406 to ensure that the enforcement of federal law was not obstructed.

Rep. Ted Lieu obviously disagrees and says that the only way Trump can federalize the National Guard is through the order of Newsom. "The National Guard troops are following unlawful orders," he proclaims, further urging every National Guard troop to read the order, "and then decide for themselves if they are following unlawful orders."

It's a stunning feat, no doubt.

The post continues:

… illegal order, such as one that directs the commission of a crime."

The idea that every troop can look at every order given and decide whether or not they believe it meets some arcane legal standard is absurd. It would create an environment where no officer could rely on their orders being obeyed.

Ted Lieu is supposed to be conversant with this and we can only assume he is willfully influencing troops to disobey orders based in their own opinions. That is a grave danger to good order and discipline and Lieu should be held to account.

It all sounds kind of insurrection-y from Lieu.

Trying to convince National Guard troops not to follow the president's orders? That's pretty ballsy. Maybe Lieu should allow this to play out in court before trying to convince troops to turn on the Commander-in-Chief.