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National Guard 'follows the Constitution,' general says of troops possibly deployed to polls (northdakotamonitor.com)

submitted 3 months ago by pelespirit@sh.itjust.works to c/politics@sh.itjust.works

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The National Guard’s top general told Congress on Friday that it would follow the Constitution and the law when he was asked about the possibility President Donald Trump would order troops to polling places for the midterm elections.

The remarks at a U.S. House Appropriations subcommittee hearing came as Democratic lawmakers also voiced unease over the continuing deployment of nearly 2,500 National Guard members in Washington, D.C.

Federal law prohibits the deployment of the military to polling places unless necessary “to repel armed enemies of the United States” and violations are punishable by up to five years in prison.

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[–] Zaktor@sopuli.xyz 5 points 3 months ago* (last edited 3 months ago)

The executive says they can be used in DC without restriction. That's never been established in law and relies on an interpretation where the NG under the control of the federal government is not federalized. There's currently a court case against the deployment and the stays thus far have not addressed Posse Comitatus though they have allowed them to stay in place.