White House proposals on police reform being finalized, reduced immunity off table

WASHINGTON (Reuters) – The White House said on Wednesday it was putting the finishing touches on proposals to reform the police following George Floyd’s killing while in police custody, but warned that reducing immunity for officers was a non-starter.

Speaking at a White House briefing, press secretary Kayleigh McEnany said administration plans to address protester concerns about police brutality were reaching “final edits,” adding she hoped the proposals could be made public in the “coming days.”

“The president has spent the last 10 days quietly and diligently working on proposals to address the issues that the protesters raised across the country, legitimate issues,” McEnany said.

But she ruled out presidential support for efforts to reduce police immunity, which she said “would result in police pulling back.”

A Democratic bill unveiled on Monday included limits to those protections to make it easier for individuals to collect damages against officers in lawsuits.

A Reuters investigation published last month revealed how qualified immunity, refined over the years by the U.S. Supreme Court, has made it easier for police officers to kill or injure civilians with impunity.

President Donald Trump has drawn fire for calling on state governors to crack down on the thousands across the country protesting Floyd’s death and threatening to send in the U.S. military even as he described himself as an ally to peaceful protesters.

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(Reporting by Jeff Mason; Writing by Alexandra Alper; Editing by Leslie Adler and Peter Cooney)

George Floyd hailed as ‘cornerstone of a movement’ at funeral; family calls for justice

By Jennifer Hiller and Gary McWilliams

HOUSTON (Reuters) – George Floyd, a black man whose death under the knee of a white police officer roused worldwide protests against racial injustice, was memorialized at his funeral on Tuesday as “an ordinary brother” transformed by fate into the “cornerstone of a movement.”

The family of of George Floyd comes to the podium to speak during the funeral for George Floyd, June 9, 2020, at The Fountain of Praise church in Houston. Floyd died after being restrained by Minneapolis Police officers on May 25. Godofredo A. Vasquez/Pool via REUTERS

During a four-hour service broadcast live on every major U.S. television network from a church in Floyd’s boyhood home of Houston, family members, clergy and politicians exhorted Americans to turn grief and outrage at his death into a moment of reckoning for the nation.

The funeral followed two weeks of protests ignited by graphic video footage of Floyd, 46, handcuffed and lying face down on a Minneapolis street while an officer kneels into the back of his neck for nearly nine minutes. The video shows Floyd gasping for air as he cries out, “Mama,” and groans, “Please, I can’t breathe,” before falling silent and still.

The officer, Derek Chauvin, 44, has since been charged with second-degree murder and three other officers with aiding and abetting Floyd’s May 25 death. All were dismissed from the department a day after the incident.

Floyd’s dying words have become a rallying cry for hundreds of thousands of protesters around the globe who have since taken to the streets, undaunted by the coronavirus pandemic, demanding justice for Floyd and an end to mistreatment of minorities by U.S. law enforcement.

“I can breathe. And as long as I’m breathing, justice will be served,” Floyd’s niece Brooklyn Williams declared in a eulogy that drew applause from mourners inside the Fountain of Praise Church. “This is not just a murder but a hate crime.”

The hands of the funeral home team push the casket of George Floyd into the hearse after the funeral service for Floyd at the Fountain of Praise church, in Houston, Texas, U.S., June 9, 2020. David J. Phillip/Pool via REUTERS

‘BIG FLOYD’

Williams was one of several relatives and friends who addressed the service, remembering Floyd as a loving, larger-than-life personality. The memorial was punctuated by gospel music and a video montage of shared memories of the man affectionately known as “Big Floyd.”

His younger brother, Terrence Floyd, spoke about awakening in the middle of the night in recent days traumatized by the memory of seeing his older sibling calling out for their mother as he lay dying.

His older brother, Philonise, sobbing in grief, told mourners, “George was my personal superman.”

Civil rights activist the Rev. Al Sharpton called Floyd “an ordinary brother” who grew up in a housing project but left behind a legacy of greatness despite rejections in jobs and sports that prevented him from achieving all that he once aspired to become.

“God took the rejected stone and made him the cornerstone of a movement that is going to change the whole wide world,” Sharpton said, invoking a biblical parable from the New Testament.

Sharpton said the Floyd family would lead a march on Washington being organized for Aug. 28 to mark the 57th anniversary of the 1963 “I Have a Dream” speech given from the steps of the Lincoln Memorial by civil rights leader Martin Luther King Jr., who was assassinated in 1968.

‘HOME-GOING CELEBRATION’

Some 2,500 people attended the funeral, after more than 6,000 people filed past Floyd’s open casket on Monday.

Two columns of uniformed Houston police officers saluted the golden casket as it was wheeled from the hearse into the church before the service. A horse-drawn carriage later bore the coffin on its last mile to the cemetery in Pearland, Texas, where Floyd was buried in a private ceremony.

Former Vice President Joe Biden, the presumptive Democratic presidential candidate in the Nov. 3 election, addressed the funeral service via a video recording, lamenting that “too many black Americans wake up knowing that they could lose their life in the course of just living their life.”

“We must not turn away. We cannot leave this moment thinking we can once again turn away from racism,” he said.

Two voter registration tables were set up outside the church.

MOURNING FAMILIES

Among those in attendance were loved ones of several other black men killed by white police or white civilians.

The mother of Eric Garner, the New York man who died in a police chokehold in 2014, was present, as was the family of Ahmaud Arbery, a 25-year-old Georgia man who was shot and killed in February while jogging. Three white men were charged in his death.

Fallout from Floyd’s death, and reaction to a spate of arson and looting that accompanied some of the otherwise mostly peaceful protests, also plunged President Donald Trump into one of the biggest crises of his tenure.

Hundreds of protesters packed Seattle’s city hall late Tuesday night, chanting demands for the resignation of the mayor and the defunding the police force.

Days after Seattle’s mayor and police chief promised a month-long moratorium on tear gas, the department used it again on protesters overnight Sunday, bringing severe criticism.

A Republican, Trump repeatedly threatened to order the military onto the streets to quell protests, focusing on restoring order while saying little about the U.S. racial wounds at the root of the upheavals.

For Special Report: How union, Supreme Court shield Minneapolis cops –

https://www.reuters.com/article/us-minneapolis-police-culture-specialrep/special-report-how-union-supreme-court-shield-minneapolis-cops-idUSKBN23B2LL

For Before the court: A united front takes aim at qualified immunity:

https://www.reuters.com/investigates/special-report/usa-police-immunity-opposition/

(Reporting by Jennifer Hiller and Gary McWilliams in Houston; additional reporting by Gabriella Borter in New York, Rich McKay in Atlanta and Sabahatjahan Contractor in Bengaluru; Writing by Grant McCool and Steve Gorman; Editing by Frank McGurty, Howard Goller, Cynthia Osterman and Lincoln Feast.)

Man drives car into Seattle protest crowd, shoots bystander: police

Reuters) – A man drove his car into a crowd of protesters in Seattle on Sunday, then shot and wounded a demonstrator who confronted him as he came to a stop, according to police and eyewitness video.

Seattle police said firefighters took the man who was shot to the hospital and that he was in stable condition. No one else was injured, the police said.

Photojournalist Alex Garland helps apply a tourniquet to the arm of a gunshot victim after a man tried to drive through a crowd and shot one man during a protest against racial inequality in the aftermath of the death in Minneapolis police custody of George Floyd, in Seattle, Washington, U.S. June 7, 2020. REUTERS/Lindsey Wasson

The suspect was seen in the video exiting his car as protesters began to surround it. He brandished what appeared to be a gun, dashed through the crowd and turned himself over to police.

The incident was in contrast to the mostly peaceful weekend protests sparked by the death of George Floyd last month while in Minneapolis police custody.

(Reporting by Brad Brooks in Austin, Texas; Editing by Ana Nicolaci da Costa)

Mexican protesters clash with police over custody death

MEXICO CITY (Reuters) – Mexicans protested against police brutality on Thursday in the second-largest city, Guadalajara, calling for authorities to be held accountable for the death in custody of a local man allegedly arrested over not wearing a face mask in public.

Protests have swelled in cities worldwide since the death of George Floyd, a black man who died after a white police officer kneeled on his neck in Minneapolis.

Protesters in the historic center of the state capital of Jalisco vandalized buildings, including the palace, and set ablaze several police cars, footage from network Milenio showed. Police were seen using force against protesters.

A media outlet said one of its photographers was kicked out after being mistaken for a protester.

However, the story was ridden with “many lies”, Jalisco Governor Enrique Alfaro responded in a video message late on Thursday. He denied the man depicted in the video had been held for not using a face mask, but gave no further details.

Alfaro said six police were injured, including one set on fire, with 22 male, and two female, protesters detained. He promised an investigation and condemned the violence, which he described as having been “never before seen”.

Mexico’s deputy minister for human rights requested case files from authorities in Jalisco and Baja California, where there may have been a similar incident in February.

Jalisco has implemented strict measures aimed to curb the spread of the coronavirus; wearing face masks is mandatory.

Although the exact circumstances of the death in Jalisco are not known, footage circulating on social media showed a young man, identified as Giovanni Lopez, being detained by police in early May. Bystanders can be heard saying the police were arresting him for not using a face mask.

Lopez, a construction worker, died in custody, the statement said.

(Reporting by Mexico City Newsroom. Editing by Gerry Doyle)

Video shows police in Buffalo, New York, shoving 75-year-old to ground

By Sharon Bernstein

(Reuters) – Two Buffalo, New York, police officers were suspended without pay on Thursday after a video showed them shoving a 75-year-old man to the ground, as protests over the police killing of George Floyd continued into their tenth night.

The video taken by a reporter from local public radio station WBFO and posted on its website and Twitter account shows the white-haired man approaching a line of officers in riot gear. One officer pushes him with a baton and a second one with his hand. The sound of a crack is heard and then blood trickles from the man’s head. The man, who is white, is not identified.

“I was deeply disturbed by the video,” Buffalo Mayor Byron Brown said in a statement. “After days of peaceful protests and several meetings between myself, police leadership and members of the community, tonight’s event is disheartening.”

The incident drew widespread condemnation on social media as protesters returned to the streets of several U.S. cities to demonstrate against police brutality.

Floyd died in Minneapolis on May 25 after former police officer Derek Chauvin put his knee on Floyd’s neck for nearly nine minutes during an arrest.

The video in Buffalo shows the majority of the officers march past after the man falls, though the officer who pushed him with a baton starts to lean over him before he is motioned away by another officer. Someone is heard calling for a medic.

The radio station reported that two medics came forward and helped the man into an ambulance. Police later said that a man was injured after tripping and falling, the radio station said.

But after viewing the video, Buffalo Police Commissioner Byron Lockwood ordered an investigation and suspended the two officers, Brown said.

New York Governor Andrew Cuomo said on Twitter that he spoke with Mayor Brown and agreed that the officers involved should be suspended, pending a formal investigation.

He wrote,”Police Officers must enforce – NOT ABUSE – the law.”

The 75-year-old victim was in stable but serious condition at Erie County Medical Center Hospital in Buffalo, Brown said.

(Reporting by Sharon Bernstein; Editing by Christian Schmollinger)

After more than a week of protests, four Minneapolis police officers face charges

By Brendan O’Brien

MINNEAPOLIS (Reuters) – A fired Minneapolis police officer will face a more serious murder charge and three other sacked officers will be charged as aiding and abetting in the death of an unarmed black man that triggered eight days of nationwide protest, court documents said on Wednesday.

George Floyd, 46, died after Derek Chauvin, a white policeman, knelt on his neck for nearly nine minutes on May 25, reigniting the explosive issue of police brutality against African Americans five months before a presidential election.

Minnesota Attorney General Keith Ellison is charging Chauvin, 44, with second-degree murder in addition to the third-degree murder and second-degree manslaughter charges leveled against him last week, according to court documents.

The new charge can carry a sentence of up to 40 years, 15 years longer than the maximum sentence for third-degree murder.

The other three former officers who were involved in the incident – Thomas Lane, J. Alexander Kueng and Tou Thao – face charges of aiding and abetting murder and arrest warrants have been issued by Ellison, according to the documents.

Ellison, a black former U.S. congressman, has requested that bail be set at $1 million for each of the four former officers, the documents showed. Ellison was expected to hold a briefing later on Wednesday.

When reached by Reuters over the phone, Earl Gray, the attorney for Lane, said he had not received any information on the charges yet. Attorneys for the other officers who are being charged did not immediately respond to requests for comment.

“This is a significant step forward on the road to justice, and we are gratified that this important action was brought before George Floyd’s body was laid to rest,” Benjamin Crump, attorney for the Floyd family, said in a statement.

He later told CNN that Chauvin should be facing a first-degree murder charge, and that Ellison had informed Floyd’s family that the investigation is ongoing and other charges could be filed.

Protesters who have vented their anger over Floyd’s death in sometimes violent demonstrations in major U.S. cities over the past week had demanded the case be widened to include all the officers who were present during the incident.

“This is another important step for justice,” said U.S. Senator Amy Klobuchar, who is from Minnesota and a potential running mate for presumptive Democratic nominee Joe Biden in the Nov. 3 election.

Tens of thousands of people defied curfews and took to the streets of cities coast to coast for an eighth night in protest over Floyd’s death and brutality against other black Americans.

Authorities took the unusual step of ordering the curfews, and bands of police in riot gear and other heavily armed officers patrolled, ringing landmarks and shouting at protesters while helicopters roared overhead.

While most protests have been peaceful, there was less looting and vandalism overnight, and clashes between police and protesters were more sporadic.

The protests have highlighted the issues of racial inequality and excessive police force in a country that will go to the polls on Nov. 3 to decide whether to give Republican President Donald Trump another term in the White House.

Trump has said justice must be done in Floyd’s case but also touted a hard line on the violent protests, threatening to use the military to end the chaos. Biden has vowed to heal the racial divide in the nation if he is elected.

(Reporting by Brendan O’Brien, Nathan Layne, Maria Caspani, Rich McKay, Jonathan Allen, Sharon Bernstein, Dan Whitcomb, Lisa Lambert, Susan Heavey, Phil Stewart and Idrees Ali; Writing by Paul Simao; Editing by Nick Macfie, Howard Goller)

Trump pushes military response as U.S. girds for more protests

By Nathan Layne and Brendan O’Brien

NEW YORK/MINNEAPOLIS (Reuters) – President Donald Trump on Tuesday said U.S. troops should take to the streets of New York City to quell unrest, as authorities across the country prepared for another night of protests over the death of an unarmed black man in police custody.

Dozens of cities are under curfews. The head of the U.S. National Guard said on Tuesday that 18,000 Guard members were assisting local law enforcement in 29 states.

Lawmakers and law enforcement officials seemed taken aback by the extent of mayhem overnight in some major U.S. cities where police were shot at and pelted with rocks and projectiles as they faced hostile crowds.

Demonstrators smashed windows and looted stores in New York, including luxury retailers on Fifth Avenue, and set fire to a Los Angeles strip mall. Four officers were shot in St. Louis and one in Las Vegas who was critically wounded, authorities said.

Trump has threatened to use the military to battle violence that has erupted nightly, often after a day of peaceful protests. He has derided local authorities, including state governors, for their response to the disturbances.

“NYC, CALL UP THE NATIONAL GUARD. The lowlifes and losers are ripping you apart. Act fast!” Trump tweeted on Tuesday. He deploying thousands of armed soldiers and law enforcement in the U.S. capital and vowed to do the same wherever authorities fail to regain control.

New York Governor Andrew Cuomo voiced outrage at the chaos in America’s largest city, saying its mayor and police force “did not do their job last night.” He said he believed Mayor Bill de Blasio underestimated the scope of the problem.

The governor said he had offered the state’s mayors support from state police or 13,000 National Guard who are on standby and said that with a 38,000-strong police force, New York City should be able to address its unrest on its own.

He added that Trump sought to blur the line between protesters representing a cross-section of Americans with a legitimate cause and looters. Authorities blame the looting and vandalism on a relatively small number of people protesting against police brutality.

De Blasio poured cold water on the idea of deploying the National Guard in his city.

Demonstrators have taken to the streets over the death of George Floyd, a 46-year-old African American who died after a white policeman pinned his neck under a knee for nearly nine minutes in Minneapolis on May 25.

Derek Chauvin, the 44-year-old Minneapolis police officer who planted his knee on Floyd’s neck, has been charged with third-degree murder and second-degree manslaughter. Three other officers involved have not been charged.

MARTIN LUTHER KING REMEMBERED

Floyd’s death has reignited the explosive issue of police brutality against African Americans and led to a painful reexamination of race relations five months before a divided America votes in a presidential election.

Some of those who have gathered at the site of Floyd’s killing have invoked the non-violent message of the late U.S. civil rights leader Martin Luther King Jr., assassinated in 1968, as the only way forward.

“He would be truly appalled by the violence because he gave his life for this stuff,” said Al Clark, 62, a black man who drove to the Minneapolis memorial with one of King’s speeches blaring from his truck.

“But I can understand the frustration and anger.”

In Atlanta, six officers will face charges for an incident in which two college students were removed from their car and tased, Fulton County District Attorney Paul Howard told a briefing. Two of the six officers were terminated on Sunday.

A police officer in Sarasota, Florida, was placed on leave on Tuesday after video surfaced showing the officer kneeling on a man’s back and neck during an arrest in May.

Officers were injured in clashes elsewhere, including one who was in critical condition after being hit by a car in the Bronx, police said.

The protests have escalated racial tensions in a country hit hard by the coronavirus pandemic, with African Americans making up a disproportionately high number of cases and being hard hit by job losses from lockdowns to stop the spread of the virus.

Critics accuse Trump, who is seeking re-election in a Nov. 3 election, of further stoking conflict and racial tension rather than seeking to bring the country together and address the underlying issues.

“President Trump is right to be focused on law and order. He wasn’t hired to be the consoler-in-chief,” said Jason Miller, who advised the Republican Trump’s 2016 presidential campaign.

Democratic presidential candidate Joe Biden pledged in a speech on Tuesday to try to heal the racial divide in America and blasted Trump’s response to the protests.

(Reporting by Barbara Goldberg, Lisa Lambert, Maria Caspani, Peter Szekely, Zachary Fagenson, Brendan O’Brien, Nathan Layne, Susan Heavey and Brad Brooks; Writing by Paul Simao; Editing by Howard Goller)

U.S. health experts, officials warn protests may add to virus spread

By Caroline Humer

NEW YORK (Reuters) – Public health experts and government officials, including New York’s governor, are warning that large street protests over racial inequities and excessive police force could worsen the spread of the novel coronavirus.

The protests over the death of an unarmed black man, George Floyd, in police custody in Minneapolis last Monday, have spread to cities including New York, Los Angeles, and Baltimore.

They are bringing together hundreds, sometimes thousands, of people just as the country is reopening after lengthy lockdowns to stop the spread of COVID-19, the disease caused by the coronavirus.

“We’re talking about reopening in one week in New York City and now we’re seeing these mass gatherings over the past several nights that could in fact exacerbate the COVID-19 spread,” New York Governor Andrew Cuomo said on Monday.

Atlanta Mayor Keisha Lance Bottoms recommended to Georgians that if they were at a protest, they should consider being tested for COVID-19.

Health experts say the close proximity of participants, running and yelling or chanting, may increase transmission because people emit more respiratory droplets under these conditions.

Conversely, the protests have largely been outside, where motion of the air from breezes or people moving quickly can diffuse the virus, said Dr. William Schaffner, an infectious disease expert at Vanderbilt University Medical Center.

“A lot of people were wearing masks. That will also help dampen the possibility of spread,” he said.

If there are infections, alerting people that they have been near someone with the virus will be difficult, especially if people do not want it known they attended a protest, he and other experts said.

More public health officials may start to make statements to the effect of, “‘If you were at one of these protests, you should consider yourself exposed,'” said Dr. Amesh Adalja, an infectious disease expert at the Johns Hopkins University Center for Health Security.

(Reporting by Caroline Humer; additional reporting by Maria Caspani in New York; editing by Lewis Krauskopf and Tom Brown)

Australia asks embassy in U.S. to register concern over cameraman

SYDNEY (Reuters) – Australia has asked its embassy in the United States to register its concerns with authorities there about an apparent police assault on an Australian cameraman during a protest in Washington, its foreign minister said on Tuesday.

Earlier on Tuesday, thousands of Australians marched in Sydney to protest against the death of black American George Floyd in U.S. police custody, after days of demonstrations and clashes in the United States sparked by the killing.

The Sydney protest came as Australian police face questions about use of force during the arrest of a teenager of aboriginal descent.

Foreign Minister Marise Payne said the Australian government would support Channel Seven, where the cameraman worked, should it wish to lodge its concerns over the incident in Washington with U.S. authorities through the embassy there.

“I want to get further advice on how we would go about registering Australia’s strong concerns with the responsible local authorities in Washington,” Payne told the Australian Broadcasting Corporation.

“So our embassy in the United States will approach the relevant authorities, and Channel Seven will also provide us with their views on how they wish to deal with it.”

Video footage posted on social media showed Channel 7 correspondent Amelia Brace and cameraman Tim Myers broadcasting live on a street when riot police approached to clear the area, hitting Myers with a shield.

The pair are then seen trying to leave the scene while another policeman swung at them with a baton.

“This is obviously a very troubling period in the United States, and a very tough period,” Payne told the ABC. “We encourage all involved on both sides to exercise constraint and avoid violence.”

‘EVERYBODY’S PROBLEM’

Earlier, protesters in Australia’s biggest city defied coronavirus restrictions on crowds to march from a park towards government buildings, holding signs saying “I can’t breathe!” and chanting “Black lives matter” and “Take a knee” while mounted police stood by.

“This is everybody’s problem,” Kira Dargin, an aboriginal Wiradjuri woman at the protest told Reuters.

“As a black woman, I’m tired of seeing my brothers go down. As a black mother I fear for my child. Got to stop.”

An investigation has been opened in Sydney into the arrest of a 17-year-old of aboriginal descent after video footage appeared on social media showing him being handcuffed and kicked to the ground after an argument with police.

The constable involved has been put on restricted duties while the investigation takes place.

“This is not the United States of America,” Assistant Commissioner Michael Wiling told reporters. “We have very, very good relations with our local community. I’m concerned that people will pre-empt the outcomes of the investigation and draw conclusions prior to that.”

(Reporting by Paulina Duran, Loren Elliot, and Jill Gralow in Sydney; Editing by Timothy Heritage, Robert Birsel)

Explainer: Can Trump send the U.S. military to quell violence at protests?

By Jan Wolfe

(Reuters) – U.S. President Donald Trump on Monday suggested he would use federal troops to end unrest that has erupted following the death of George Floyd, an unarmed black man killed in police custody last week.

“If a city or state refuses to take the actions that are necessary to defend the life and property of their residents, then I will deploy the United States military and quickly solve the problem for them,” Trump said during brief remarks at the White House.

The demonstrations have been largely peaceful, but police in some cities have used force against journalists and protesters, and protesters have clashed with police. Many U.S. cities have set curfews.

To deploy the armed forces, Trump would need to formally invoke a group of statutes known as the Insurrection Act.

WHAT IS THE INSURRECTION ACT?

Under the U.S. Constitution, governors generally have the authority to maintain order within state borders. This principle is reflected in a law called the Posse Comitatus Act, which generally prohibits the federal military from participating in domestic law enforcement.

The Insurrection Act, which dates to the early 1800s, is an as exception to principles later codified in the Posse Comitatus Act.

The Insurrection Act permits the president to send in U.S. forces to suppress a domestic insurrection that has hindered the normal enforcement of U.S. law.

CAN TRUMP SEND IN TROOPS WITHOUT A GOVERNOR’S APPROVAL?

Yes. The law lays out a scenario in which the president is required to have approval from a state’s governor or legislature, and also instances where such approval is not necessary, said Robert Chesney, a professor of national security law at the University of Texas.

Historically, in instances where the Insurrection Act was invoked, presidents and governors have usually agreed on the need for troops, said Thaddeus Hoffmeister, a law professor at the University of Dayton.

In 2005, former President George W. Bush decided not to invoke the Insurrection Act to send active-duty troops to Louisiana in the aftermath of Hurricane Katrina in part because the state’s then-governor opposed the move.

HAS IT BEEN INVOKED BEFORE?

Yes. The Insurrection Act has been invoked on dozens of occasions through U.S. history. Since the civil rights movement of the 1960s, however, its use has become “exceedingly rare,” according to a report by the Congressional Research Service.

The Insurrection Act was last used in 1992, when the acquittal of four Los Angeles police officers in the beating of black motorist Rodney King led to deadly riots.

CAN A COURT STRIKE DOWN TRUMP’S APPLICATION OF THE LAW?

Hoffmeister said he did not think invoking the Insurrection Act was warranted because governors can handle the current unrest through their criminal justice systems.

“The Insurrection Act should only be used in dire situations and I don’t think the circumstances right now call for it,” Hoffmeister said.

But Chesney said a successful legal challenge to Trump’s use of the law was “very unlikely.” Courts have historically been very reluctant to second-guess a president’s military declarations, he said.

“The law, for all practical purposes, leaves this to the president with very little judicial review with any teeth,” Chesney said. “That may be a terrible state of affairs, but that’s what it is.”

(Reporting by Jan Wolfe; Edited by Noeleen Walder, Gerry Doyle and Steve Orlofsky)