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."
.@tedlieu encouraged Natl Guard troops to disobey a lawful order
— Jim Hanson (@JimHansonDC) June 12, 2025
He states definitively President Trump issued an unlawful order
His opinion as a retired JAG officer would carry weight w/ troops
He should face UCMJ punishment
cc: @PeteHegseth @SeanParnellUSA pic.twitter.com/STCJ3n53nD
How can you be dumber than Mazie Hirono? https://t.co/sm7JJbEpwJ
— Kurt Schlichter (@KurtSchlichter) June 12, 2025
It's a stunning feat, no doubt.
For the barracks lawyers - from the Manual of Courts Martial
— Jim Hanson (@JimHansonDC) June 12, 2025
"Inference of lawfulness. An order requiring the performance of a military duty or act may be inferred to be lawful, and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently…
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… 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.
Ok that’s straight up insurrectionist behavior.
— Okra (@RealOkrahead) June 12, 2025
Undermining the CIC is poor form even for Democrats
— WhiskeyTexasFoxtrot (@aleykhat_tx) June 12, 2025
And remember, there’s a bottom 10% graduated from every law school class
Unfortunately some of them get elected to Congress pic.twitter.com/ar8adR0Xer
Soldiers do not disobey orders it is that simple.
— Don Wilson (@DonWilson137082) June 12, 2025
Arrest this degenerate.
— JimmyB 🇺🇸 (@MOTT7) June 12, 2025
He should either be court martialed or have his military pension revoked. He shouldn’t be able to have it both ways.
— Ojisan Kaichou (@OjisanKaichou) June 12, 2025
Retired officers are still subject to the UCMJ.
— Samantha Nerove (@SamNerove) June 12, 2025
Since he's an officer, yes. He should be put before a Court Martial as UCMJ explicitly applies to him.
— Frank Earl (@MadScientist_42) June 12, 2025
100% - that’s treasonist and insurrectionist.
— Sam Hollis (@Sam3i4am) June 12, 2025
Sedition and insurrection. Prosecute him.
— TransparentShade ⚔️ 🌲🇺🇸🏴☠️🇮🇱🗑️ ⚔️ 1776 (@crackback2024) June 12, 2025
Is there anything worse than what Lieu is trying to do here?
— Stephen (@01splcheck) June 12, 2025
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.
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