Richmond expert weighs in on National Guard deployments

RICHMOND, Va. (WRIC) -- A Richmond expert is weighing in after the Trump administration’s recent deployments of National Guard troops to Washington, D.C. and Los Angeles sparked legal battles.

John Aughenbaugh, a professor at Virginia Commonwealth University (VCU) who studies constitutional law, said the administration is using the Insurrection Act of 1807 to justify the deployments.

"This law was passed by Congress to allow presidents to use the military to suppress insurrection," Aughenbaugh said.

He said it allows the president to use military force to quell unrest or insurrection when local authorities are unable or unwilling to do so. In this case, the Trump administration cited an "immigration emergency" in Los Angeles and a "crime emergency" in Washington, D.C. as grounds for the troop mobilizations.

However, the legality of the move has been called into question. Both cities have filed lawsuits in federal court challenging the deployments. A judge in Los Angeles recently ruled that the deployment there was unlawful.

"The Trump administration has announced that it plans to appeal that [ruling]," Aughenbaugh said.

While the administration’s emergency control over D.C.’s police is set to expire at midnight on Wednesday, Sept. 10, National Guard troops are expected to remain in the capital for now.

Meanwhile, Trump said cities like New Orleans and Chicago are under consideration for future deployments, despite vocal opposition from local leaders.

"Trump can ignore the governor of Illinois,” Aughenbaugh said. “Then it’s up to the state of Illinois to decide whether to join California or the District of Columbia in filing a lawsuit to stop this."

The deployments have fueled speculation that other Democrat-led cities may be targeted next. But Aughenbaugh said he believes Richmond is unlikely to see similar action.

"Richmond is too small, and we are not openly a sanctuary city," he said. "I think what Trump is doing right now is targeting the most obvious jurisdictions of his critics. Elected officials in Virginia, by and large, have not openly tried to antagonize the Trump administration."

Aughenbaugh said the Supreme Court is on its annual recess until the first Monday in October, so we may start seeing some appeals move forward shortly.