this post was submitted on 26 Jan 2026
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Minnesota National Guard brings donuts, coffee/hot chocolate to protestors while wearing high-vis vests to clearly separate themselves from the feds. (files.catbox.moe)
submitted 22 hours ago by Darkassassin07@lemmy.ca to c/politicalvideos@lemmy.world
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[–] in_my_honest_opinion@piefed.social 1 points 7 hours ago

Kinda

However, under 10 U.S.C. § 12406, the President may place a state’s National Guard under federal command if (1) the United States is invaded, (2) there is a rebellion or danger of rebellion against federal authority, or (3) the President is unable to enforce federal law with existing forces. Once federalized under Title 10, National Guard personnel are treated as active-duty military and become subject to the Posse Comitatus Act. Separately, under 32 U.S.C. § 502(f), the President or Secretary of Defense can request that a state governor issue orders for members of that state’s National Guard to perform duties, including law enforcement functions. However, in this case, the National Guard remains under the control of the governor and the governor retains legal authority to refuse the request. Because the Guard remains under state command in Title 32 status, the Posse Comitatus Act does not apply.