Trump Violates Posse Comitatus Act
By PublicSkeleton.com
California has filed a lawsuit alleging that the Trump administration violated the Posse Comitatus Act of 1878 by deploying federalized National Guard troops and U.S. Marines to Los Angeles to participate in civilian law enforcement activities.
The state argues that troops played an “active, direct role” in law enforcement by setting up perimeters, conducting security operations during immigration raids, and detaining civilians, which is prohibited under normal circumstances by the Act.
The deployment occurred without the consent of Governor Gavin Newsom, who contends that the actions constitute an unlawful use of military force against citizens.
The Trump administration defends the deployment by asserting that the military’s actions fall under a broad interpretation of presidential “protective power,” claiming troops were deployed to protect federal property and law enforcement personnel, which they argue is permissible under the Posse Comitatus Act.
They also contend that the use of Title 10 to federalize the troops allows such deployments when there is a “rebellion or danger of a rebellion,” a justification that has been challenged in court.
However, critics note that Los Angeles was not in rebellion, the Insurrection Act was not formally invoked, and local conditions did not meet the legal threshold for such federal military involvement.
During a recent trial, Major General Scott Sherman, who oversaw the operation, testified that military personnel were advised of a “constitutional exception” to the Act, though Judge Charles Breyer expressed skepticism about the existence of such an exception.
The Department of Justice further argued there are no limits to the president’s authority to use the military to protect federal agents, a claim that raises significant legal concerns about the scope of executive power.
While the Posse Comitatus Act typically does not apply to the National Guard when under state control, it becomes applicable once troops are federalized—precisely the situation in Los Angeles.
Around 250 National Guard members remain deployed in the city, and similar troop movements have begun in Washington, D.C., under claims of addressing crime despite data showing declining crime rates.
Legal experts and advocacy groups argue that the administration’s actions undermine long-standing limits on domestic military use and may set a dangerous precedent for future deployments.
Speak Your Mind