Trump Deploys National Guard to Memphis, U.S. Military Lawyer Weighs in on Legality

President Trump announced he will deploy the National Guard to Memphis, calling the city “deeply troubled.” Shelby County Mayor Lee Harris, a Democrat, urged the administration not to send troops and said he may pursue legal action. “We will do everything in our power to prevent this incursion into Tennessee and to protect the rights, safety, and dignity of every resident,” Harris declared.

Crime has been rampant in U.S. cities, especially under Democrat leadership in Los Angeles, Washington D.C., Chicago, Boston, and New York. Officials in these cities have been accused of manipulating statistics to suggest crime is at historic lows, downgrading offenses, releasing illegal immigrants without bail, and only counting convictions, even though many offenders never returned for trial.

Harris has made similar claims, insisting crime in Memphis is at a multiyear low, though the city remains among the most dangerous in the country. Across large and mid-sized cities, crime is rising, yet Democrat leaders refuse to address it. In response, Trump has deployed the National Guard and Marines in Los Angeles, federalized the police in Washington D.C., and pledged to act in other cities.

John Deaton, a U.S. Marine veteran, trial attorney, and author, explained in an interview with The Gateway Pundit the legality of such actions. “In D.C., where President Trump authorized the National Guard, it’s been federalized. Federal law governs D.C., and the commander in chief has that authority pretty much carte blanche for 30 days. After that, Congress must authorize it, unless the president declares an emergency.”

Outside Washington, the rules are different. Deaton noted that when Trump sent Marines to California, they had a limited mission: protecting federal officers, ICE agents, and federal property. “That was completely appropriate because there was a threat,” he said.

He also pointed to the Posse Comitatus Act of 1878, which prohibits active-duty troops from day-to-day law enforcement. Soldiers cannot arrest suspects, investigate crimes, or act as police officers. Their role is confined to crowd control and guarding facilities and personnel.

“There are exceptions,” Deaton added. “If there is an invasion of a certain type, President Trump, for example, cited MS-13 flooding into certain cities, that constitutes an invasion, and he can use those mechanisms.”

President Trump has declared emergencies and deployed military forces at the U.S. southern border and in several cities, including Washington D.C., Los Angeles, and Memphis.

On January 21, 2025, he declared a national emergency at the southern border, authorizing military support for border operations. He has also threatened to deploy troops to other cities such as Chicago, though that has not yet occurred.

On June 7, 2025, Trump declared an emergency in Los Angeles and deployed significant forces in response to immigration protests, 700 U.S. Marines and 4,000 National Guard soldiers.

On August 11, 2025, Trump declared a “public safety emergency” in Washington D.C. He invoked Section 740 of the District of Columbia Home Rule Act, which allows the president to take control of the D.C. Police Department during “conditions of an emergency nature.” He announced that 800 National Guard members would be stationed in the city. The federal takeover of D.C.’s police department was authorized for up to 30 days unless extended by Congress.

Most recently, on September 12, 2025, Trump said he would send the National Guard to Memphis to address rising crime. Tennessee Governor Bill Lee confirmed he had been in “constant communication” with the administration and supported the deployment, alongside Memphis’s mayor.

These moves have been controversial. Legal challenges argue that such deployments violate federal law, while critics describe them as an overreach of presidential authority. Deaton explained that absent an emergency or invasion, the president is required to work through state governors because of federalism and states’ rights.

“That’s why President Trump has gone out of his way to say to governors, for example in Illinois, ‘Ask me for help,’” he said.

Some governors have responded positively. Louisiana Governor Jeff Landry told Trump he would welcome federal troops to address crime in New Orleans. Deaton acknowledged the scope of the issue: “There is a real crime problem in some of our cities like Chicago.”

Trump himself has emphasized his willingness to intervene. “I want to help,” he said. “If you ask me for help, I’ll be there.”

By contrast, in Chicago, one of the cities with the highest murder rates, Mayor Brandon Johnson signed an order rejecting Trump’s offer to deploy the National Guard. Fifteenth Ward Alderman Ray Lopez, who supported the deployment, expressed frustration: “I am disappointed, because it means the citizens of Chicago are going to lose, the victims of Chicago are going to be forgotten, and the criminals of Chicago are now going to think they have scared the president from coming here to put things back into place.”

Deaton found this troubling. “Criminals don’t discriminate between liberals and conservatives,” he said. “When they kill, rob, or break into stores, they’re not taking a political litmus test.” He explained that Trump’s insistence on governors requesting federal help reflects legal limits on presidential authority unless an emergency can be clearly established.

Deaton explained that if Trump were to deploy troops to Chicago, the administration would likely justify it by declaring an “invasion” backed with some form of evidence. “But it’ll get challenged in court,” he said. “Usually the other side rushes to a sympathetic judge, maybe an Obama or Biden appointee, and then it goes up on appeal, eventually reaching the Supreme Court. As long as troops are limited to protecting ICE agents and federal buildings, and not handcuffing civilians or doing routine police work, they’ll probably avoid crossing the legal line.”

When asked whether designating certain gangs as transnational criminal or terrorist organizations would strengthen the president’s case, Deaton agreed. “Absolutely. I would imagine they’d have stats and data to show what constitutes an invasion. The reality is it’s going to be a hotly contested legal issue, because some of these laws Trump is relying on date back to the 1800s.” He added that the deeper problem was political. “What would be nice is if these politicians actually worked together. What seems to be happening on the left is that they’re acting as though there isn’t a problem, like there’s no crime here.”

And this ties back to the falsification of crime statistics, which are used to claim crime is at historic lows despite the obvious reality on the ground.

The post Trump Deploys National Guard to Memphis, U.S. Military Lawyer Weighs in on Legality appeared first on The Gateway Pundit.