MEMPHIS, Tenn. (AP) — A Tennessee judge on Monday blocked the use of the National Guard in Memphis under a crime-fighting operation by President Donald Trump but also put the order on hold, giving the government five days to appeal.
Davidson County Chancellor Patricia Head Moskal’s decision sides with Democratic state and local officials who sued, contending that Republican Gov. Bill Lee cannot deploy the Tennessee National Guard for civil unrest unless there is rebellion or invasion, and even then, it would require action by state lawmakers.
The plaintiffs also said another provision spells out a need for a request from a local government to use the Guard in some scenarios, including a “breakdown of law and order,” they said.
Moskal agreed that the defendants have a likelihood of success in their lawsuit based on their claims that calling the National Guard into the city violates the state’s military code and that they have shown “they are suffering or will suffer irreparable harm” if the injunction isn’t granted.
But she also paused the order for at least five days so that the government has time to file an “immediate application for permission to appeal,” without providing her reasoning for that timeline.
The state has said Tennessee law gives the governor “the authority to dispatch the Guard when needed and to determine when that need exists.”
The judge concluded that the governor’s power as commander-in-chief of the National Guard “is not unfettered.”
In a statement posted on the social platform X, Shelby County Mayor Lee Harris, a plaintiff in the case, said he is pleased with the decision.
“The injunction does not take effect immediately, and the state has a chance to seek leave to appeal,” he wrote. “However, this is a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the Governor.”
Skye Perryman, president and CEO of Democracy Forward whose legal team is representing the plaintiffs, in a statement called the ruling “a powerful affirmation that no one—not a president, not a governor—is above the law.”
Spokespeople for the governor’s office and the state attorney general’s office did not immediately respond to requests for comment late Monday.
Since their arrival on Oct. 10, troops have been patrolling neighborhoods and commercial areas of Memphis, including near the iconic Pyramid in downtown, wearing camouflage and protective vests that say “military police,” with guns in holsters. Officials have said Guard members have no arrest power.
The Guard is part of a task force established by an order from Trump. It also involves a slew of other law enforcement agencies whose officers have patrolling the city now for weeks.
For years, Memphis has dealt with high violent crime, including assaults, carjackings and homicides. While this year’s statistics show improvement in several categories, including murders, many acknowledge that violence remains a problem.
Trump announced in September that the National Guard would be deployed to combat crime in Memphis alongside authorities from a slew of federal agencies as part of the so-called Memphis Safe Task Force. The task force, which includes hundreds of personnel attached to various federal and state law enforcement agencies and Memphis police, has made more than 2,500 arrests since it began operating in Memphis.
Arrests have been made on charges ranging from drug and weapons violations to immigration warrants to homicides.
Lee has said the National Guard would “play a critical support role” for local law enforcement.
Memphis Mayor Paul Young, a Democrat, said he never requested that the Guard come to his city. But after Trump made the announcement and Lee agreed, Young, who is not involved in the lawsuit, and others has said they wanted the task force to focus on targeting violent offenders.
Young has said operations include some 150 Guard members.
Both the plaintiffs and the state acknowledged that the governor did not issue an order to trigger the deployment, but sent a statement.
Lee has said that, “As the commander-in-chief, Gov. Lee has the authority to authorize the Title 32 strategic mission to Memphis.”
“Every Memphian deserves to feel safe in their community, and through state, local, and federal partnerships, the Memphis Safe Task Force has created a generational opportunity that is already delivering remarkable results to enhance public safety,” Lee’s spokesperson Elizabeth Lane Johnson said after the lawsuit was filed. “We are confident the court will uphold the Governor’s constitutional authority.”
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