(The Center Square) – A spokesperson for Tennessee Gov. Bill Lee’s administration said the administration is confident that it will prevail in a challenge to the National Guard presence in Memphis.
Davidson County Chancery Court Judge Patricia Moskal granted a temporary injunction on Monday after Shelby County Mayor Lee Harris and others sued over the deployment of the troops that are part of President Donald Trump’s national crackdown on crime. The state will challenge the injunction.
“Memphians know their city is facing a violent crime emergency that the state must address, and we’re confident higher courts will ultimately recognize this as well,” said Elizabeth Johnson, director of communications for Lee’s office, in an email to The Center Square. “The state will appeal, and the Tennessee National Guard will continue to operate as part of the Memphis Safe Task Force while the case is on appeal, per the judge’s order.”
The president signed a memorandum of understanding on Sept. 15 to send the National Guard to the city with Lee and the state’s U.S. Sens. Marsha Blackburn and Bill Hagerty.
Moskal questioned Trump’s request, citing the “absence of any clear documentary record” of any request for National Guard deployment by Trump.
The judge also questioned when a governor can call in the National Guard.
“The power committed to the governor as commander-in-chief of the Army and militia is not unfettered,” the judge wrote. “The governor may only call the militia into service in case of rebellion or invasion and only with the General Assembly’s declaration that the public safety requires it.”
The National Guard deployment is part of the Memphis Safe Streets Task Force, a crime-fighting effort with 13 federal agencies, including the FBI and the U.S. Department of Homeland Security, announced by Lee in September. The National Guard plays a “critical support” role, Lee said at the time.
Since the operation began, 2,800 arrests have been made, 450 illegal firearms have been seized and 114 missing children located, according to Johnson.
“There’s no question these public safety efforts must continue,” Johnson said.
The deployment has received pushback from Democrats. State Sen. Raumesh Akbari, D-Memphis, previously said the deployment was about politics, not justice.
“As a lifelong Memphian, I want to be clear: We do not need the National Guard occupying our city,” Akbari said.
