COLUMBIA, S.C. — South Carolina Governor Henry McMaster along with other governor's from around the country spoke with President Donald Trump after millions began protesting the death of George Floyd.
McMaster said the National Guard was in Charleston Sunday night. The guard was activated on May 31 and have mobilized 500 soldiers and airmen in state to active duty to prepare and assist law enforcement as needed.
According to National Guard officials, in reference to the legality of the president mobilizing the military, they responded saying the following:
"In domestic operations, the most visible use of the military is in response to a major or catastrophic disaster when civilian authorities need support to save lives, protect property, the environment and to meet basic human needs. There are also situations in which the president may federalize the national guard. those situations include: war or national emergency, terror attack, and insurrection or rebellion."
Columbia Attorney Jay Bender said he doesn't believe the president has that authority.
"I think that requires a demonstration that it is impracticable to enforce the laws of the United States. I see in each of these places that have had protest that have led to or have been in accompany by violence, the civil authorities of those municipalities and states exercising their judicial power," Bender said. "So, unless the president can meet the predicate to evoke the insurrection act, I think he is subject to prosecution."
Meanwhile lawyer and professor Eric Robinson discussed the rights protesters have.
"The first amendment right includes the right to peacefully protest and it also includes the right to petition the government," Robinson said. "The key word in that being peaceful and once it crosses the line that's when the government can step in."
Robinson said the government can put restriction on time, place and manor, but it is important to remember to remain peaceful.
"It's a fundamental right and it's problematic when public officials don't understand or recognize that," Robinson said.