Off Guard

This week, U.S. military officials announced that hundreds of National Guard troops deployed in California, Illinois, and Oregon would be returned to their home states.

The demobilization of troops comes after the U.S. Supreme Court ruled late last month that the administration did not have the legal authority to deploy the troops in Illinois. That case, brought by Illinois Attorney General Kwame Raoul and Chicago officials, cited a federal law that bars the military from being used to conduct domestic law enforcement. A majority of justices sided with Illinois, writing in their opinion that the administration “failed to identify a source of authority that would allow the military to execute the laws in Illinois.”

States United represented retired military leaders and Vet Voice Foundation in filing briefs in California, Oregon, and Washington, D.C., arguing that the deployments posed enormous risks to the nonpartisan reputation of the military, and that the politicized nature of the deployments harmed the morale of troops.

After the Supreme Court ruled against him, Trump wrote on social media that his administration may later try to use different legal justifications to permit deployments of the Guard.

But for now, the states prevailed. If the president tries to send in troops again for another politically motivated, legally dubious deployment, states have the power to respond.

This Week in Democracy

• In Minneapolis, a U.S. Immigration and Customs Enforcement agent shot and killed a 37-year-old American woman during an immigration enforcement operation. In Portland, Ore., U.S. Customs and Border Protection agents also shot two people.

  Oregon Attorney General Dan Rayfield said that his department would investigate the shooting in Portland. Minnesota Gov. Tim Walz said that state officials must have a role in investigating the Minneapolis case, but claimed federal officials were refusing to work with them. Minnesota Attorney General Keith Ellison and Hennepin County Attorney Mary Moriarty announced that they would conduct their own investigation instead.

  Walz authorized the Minnesota National Guard to prepare to support local law enforcement in responding to protests, if necessary.

  ➡️ READ: What’s Breaking Through About Federal Law Enforcement Tactics

• Tuesday marked five years since the Jan. 6, 2021, attack on the U.S. Capitol. Hundreds of police officers were injured during the attack, including U.S. Capitol Police Officer Brian Sicknick, who later died from his injuries.

  As part of ongoing efforts to rewrite the history of that day, the White House published a webpage falsely claiming that the 2020 presidential election was “stolen,” that U.S. Capitol Police deliberately escalated tensions during the attack, and more.

  NPR published a detailed archive of truthful information about the attack, including a timeline of events, interviews with police officers, and a database of those who were charged and later pardoned by President Trump.

• The Justice Department sued state election officials in Arizona and Connecticut, seeking to force them to turn over lists of their registered voters. The department is demanding that the lists include voters’ private information, like driver’s license information and Social Security numbers.

  The Justice Department has now sued 23 states for the information and has sent demands to more than 40, according to the Brennan Center for Justice.

  ➡️ READ: Sharing the Facts About Federal Efforts to Compile State Voter Data

• Five states sued the Trump administration after it cut $10 billion in federal funding for childcare and family support programs based on unfounded claims of widespread welfare fraud.

  “This administration breaks the law in ways that harm Colorado,” Colorado Attorney General Phil Weiser, who joined the lawsuit, said in an interview. “My job is to protect Colorado — to defend this concept that we live under the rule of law.”

• A federal judge in New York ruled that John Sarcone III was unlawfully appointed by Attorney General Pam Bondi to be the U.S. attorney for the northern part of the state. Sarcone is the latest Bondi appointee to be disqualified: Last year, judges disqualified U.S. attorneys in California, Nevada, and New Jersey on the same basis.

State of the States

In Texas, the Dallas County Republican Party announced that it would abandon plans to hand count ballots in the state’s March 3 primary election, instead opting to use machines. (In Texas, political parties decide how primary elections are run.) The party’s chairman said in a statement that he had been notified that a hand count posed “several risks that did not have a clear path for mitigation.”

➡️ EXPLORE: The Reality of Full Hand Counts: A Guide for Election Officials

In Virginia, a federal judge ordered Lindsey Halligan to explain why she continues to call herself the U.S. attorney for the eastern part of the state. A different federal judge ruled in November that Halligan was unlawfully appointed and disqualified her from holding the position.

Halligan led the Justice Department’s cases against former FBI Director James Comey and New York Attorney General Letitia James, following demands from Trump that the department prosecute his political rivals. A group of democracy experts represented by States United filed briefs in the cases, warning about the dangers of politically motivated prosecutions and urging the judge to dismiss the cases. The cases were dismissed following the November ruling against Halligan.

After the case against James was dismissed, federal prosecutors tried and failed twice to indict her on new charges. This week, reports indicated that prosecutors are again pursuing new charges.

Recommended Reading

States United’s Samantha Trepel writes in Just Security that the tactics used by federal agents in immigration enforcement raise serious constitutional concerns, and that the Justice Department should hold agents accountable for any violations.