Some media outlets would lead you to believe President Trump has 'ordered' the National Guard to the Mexican border, to guard against already existing (and planned) 'marches' of immigrants coming over.

That is not true, he has made a request to a number of states' governors to send National Guard units there. However, according to one of the sharpest legal minds in America, push may come to shove.

Andrew Nepolitano, the top legal commentator on Fox News, says this is nothing new. Whether it was natural disasters or even border issues, Presidents Bush and even Obama sent National Guard troops to various places without consulting with state governors.

However, this would be very different. Trump's intentions are to prevent, or at least have the guard assist Border Agents, in halting or turning back recent 'marches' of illegals. They are coming form Mexico, as well as El Salvador, Honduras and other Central American countries.

Nepolitano says there are laws or statutes on the books that 'sort of' allow the President to call up the Guard without the approval of states. While he cautions it's better for Trump to 'request' that state's assist with their National Guard units politically, he says the President may play his 'Trump' card.

He says Trump could argue that Congress is refusing to take real action on border security, so they have forced his hand.

There's been no word yet from WA Gov. Inslee, but already Oregon's Governor Kate Brown, who has established a pattern of resisting Trump and the Feds at every opportunity, has said she will refuse.

Brown, who is fighting the Feds over a number of sanctuary cities in her state, including Portland, says she is "deeply troubled" by what she claims is  Trump's attempt to militarize the border.

Depending upon what happens, it may turn out Brown won't have any say in the matter. Fox News' Nepolitano says legally Trump likely has the right to call up units, and The Judge (as he is known) says "I think he can get away with it."