Fox News' Kayleigh McEnany attempts to justify deployment of National Guard by declaring “a pretty clear rebellion” against the government
Published
Citation
From the October 6, 2025, edition of Fox News' The Five
KAYLEIGH MCENANY (CO-HOST): When you look at the DOJ filing -- I bring my primary sources when I'm on with Jessica always -- the 169-page DOJ filing requesting an emergency filing to reverse that judge. What you find in it is this: their legal authority is 10 U.S.C 12406. They say in two cases Donald Trump can federalize the National Guard. One case: you're unable to implement the laws of the United States. You cited the laws of the United States. It's immigration law as passed by Congress. Unable to enforce that because ICE agents are being targeted.
Number two: you can federalize the Guard if there's a rebellion against the authority of the government. Well, ICE is government. There's a pretty clear rebellion against this authority. Go ask the Dallas ICE agents who were targeted with anti-ICE bullets. This is a rebellion against US government sources.
And also, what's interesting, you only have to get ten pages into this lawsuit, here's what you find, just to add to Jesse's list here. There's someone who wielded a firearm at ICE in Portland. There's an individual -- you mentioned the rocks, the sticks. Listen to this, officers have been bitten, kicked, shot with paintballs, threatened with a machete and a knife, and assaulted with potentially blinding lasers. The protesters literally lit a material on fire up against the courthouse and other protesters threw accelerants on the fire. That's just one fire, there was another fire too. That one was done with motor oil over the building in Portland ICE.
Donald Trump is on strong legal footing. I can't speak to the one federal judge. I think they're going to get reversed. The ninth circuit sided with Trump once, I think they'll do it again. You can't be biting ICE officers and lighting their building on fire.