Tag Archives: Posse Comitatus Act

Alternet: Legal expert warns Trump saving this ‘big heavy gun’ for ‘when all hell has broken loose’

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In an article for Democracy Docket published Thursday, journalist Jim Saksa argued that President Donald Trump is systematically expanding his authority to deploy military force within U.S. cities, and that the lack of sufficient legal or legislative pushback risks making such aggressive domestic deployments routine.

Saksa noted that over the past two weeks Trump has repeatedly threatened to send the National Guard not only to Chicago, but also to New York, Baltimore, Seattle, New Orleans and other major American cities. These threats follow earlier deployments of thousands of troops to Los Angeles in June and Washington D.C. in August.

Most recently, Trump signed an executive order establishing a National Guard “quick reaction force” prepared for rapid nationwide mobilization.

While these troop deployments are of questionable legality, Saksa pointed out that previous actions, particularly the deployments to LA and D.C., have largely gone unchecked by either the courts or Congress.

This, he warned, could embolden the president to continue deploying military force in Democratic-led cities

Trump’s rhetoric has reinforced this trajectory. He described Chicago as “a killing field right now,” despite evidence of its safest summer in decades.

He further asserted, “I have the right to do anything I want to do. I’m the President of the United States of America,” and added, “If I think our country is in danger, and it is in danger in these cities, I can do it.”

Saksa examined the legal response: a district court in California ruled that Trump’s administration violated the Posse Comitatus Act, which broadly prohibits the use of the military for domestic law enforcement, but the court did not deem the deployment itself illegal.

The Ninth Circuit, moreover, upheld the administration’s actions, concluding the deployment to LA was lawful. As a result, around 300 National Guard personnel remain on federal active duty in Southern California nearly three months later.

The article noted the slow governmental response: nearly a month passed before Washington filed a legal challenge, a delay compounded by the District’s unique legal status.

Meanwhile, the White House continues to rely on obscure statutes and novel legal theories, while avoiding reliance on the Insurrection Act of 1807, a more traditional yet controversial legal pathway to deploy troops domestically.

David Janovsky, acting director of the Project on Government Oversight’s Constitution Project, told the outlet that courts and Congress have been “mostly feeble” in response to what he termed a “power grab.”

He voiced concern that there may be no clear limits left on such presidential authority: “I don’t know what the next meaningful limit is,” he said.

The article also included comments from William Banks, professor emeritus at Syracuse University College of Law, who said: “The insurrection act is the big heavy gun.”

He added: “It was intended to be utilized, if at all, when all hell is broken loose. It’s for extreme circumstances.”

Legal expert warns Trump saving this ‘big heavy gun’ for ‘when all hell has broken loose’

https://www.alternet.org/trump-military-deployment

CNBC: Trump can’t use National Guard in California to enforce laws, make arrests, judge rules

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Major smackdown for our Grifter-in-Chief!

  • A federal judge Tuesday barred President Donald Trump from deploying National Guard troops in California to execute law-enforcement actions there, including making arrests, searching locations, and crowd control.
  • The ruling came in connection with a lawsuit by the state of California challenging Trump’s deployment of the Guard to deal with protests in Los Angeles over the Trump administration’s immigration enforcement policies.
  • Judge Charles Breyer said that Trump’s deployment of the troops violated the federal Posse Comitatus Act.

A federal judge on Tuesday barred President Donald Trump from deploying National Guard troops in California to execute law-enforcement actions there, including making arrests, searching locations, and crowd control.

The ruling came in connection with a lawsuit by the state of California challenging Trump’s and Defense Secretary Pete Hegseth’s deployment of the Guard to deal with protests in Los Angeles over the Trump administration’s immigration enforcement policies.

Judge Charles Breyer said that Trump’s deployment of the troops violated the federal Posse Comitatus Act, which bars U.S. Military forces from enforcing the law domestically.

Breyer’s ruling in U.S. District Court in San Francisco is limited to California.

But it comes as Trump has considered deploying National Guard troops to other U.S. cities to deal with crime.

“Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law,” Breyer wrote.

“Nearly 140 years later, Defendants — President Trump, Secretary of Defense Hegseth, and the Department of Defense — deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced,” the judge wrote.

“There were indeed protests in Los Angeles, and some individuals engaged in violence,” Breyer wrote.

“Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.”

Trump can’t use National Guard in California to enforce laws, make arrests, judge rules
The ruling in San Francisco federal court comes as Trump has considered deploying National Guard troops to cities outside California to deal with crime.

https://www.cnbc.com/2025/09/02/trump-national-guard-california-newsom.html

KTLA: Teen with disabilities reportedly detained by ICE outside L.A. school

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Los Angeles Unified School District leaders are calling for limits on immigration enforcement near campuses after a 15-year-old boy with disabilities was pulled from a car, handcuffed, and briefly detained outside Arleta High School on Monday in what officials describe as a case of mistaken identity.

The incident happened around 9:30 a.m. on Monday, just days before more than half a million LAUSD students return to classrooms. According to Superintendent Alberto Carvalho, the student — who attends San Fernando High School — had gone to Arleta High with his grandmother to accompany a relative registering for classes.

While the family member was inside, several officers approached their vehicle, telling them they were not with Immigration and Customs Enforcement (ICE). However, Carvalho said district-reviewed video appeared to show both police and Border Patrol personnel.

The boy was removed from the car and placed in handcuffs.

“As our students return to school, we are calling on every community partner to help ensure that classrooms remain places of learning and belonging,” Carvalho said. “Children have been through enough — from the pandemic to natural disasters. They should not have to carry the added weight of fear when walking through their school gates.”

The teen was eventually released after school staff and Los Angeles police Intervened. 

“The release will not release him from what he experienced,” Carvalho said during a news conference. “The trauma will linger. It will not cease. It is unacceptable, not only in our community, but anywhere in America.”

Parents like Yvonne, whose child attends school in the district, said the incident has left them shaken. “I was upset because our kids shouldn’t have to be going through this and being scared of coming to school, parents dropping them off. We shouldn’t be going through this,” she told KTLA. 

Soon after the incident, parents received a recorded voice message from the principal, saying: “We are aware of reports of immigration enforcement activity in the area, near our campus. Our school has not been contacted by any federal agency.” 

Many parents KTLA spoke with called the presence of federal agents near public school campuses shameful. “Our government, the administration had stated they were going to go after criminals. At a school, what criminals are you going to find? Kids trying to enroll — today’s orientation day,” parent Dorian Martinez said.

Board of Education President Kelly Gonez condemned the actions on social media, calling them “absolutely reprehensible” and part of the “continued unconstitutional targeting of our Latino community.”

The district says the detention underscores the need for strong protections as students return to school. In a statement Monday, LAUSD reaffirmed that “schools are safe spaces” and said immigration enforcement near campuses “disrupts learning and creates anxiety that can last far beyond the school day.”

Some parents fear that their children will be targeted simply because of the color of their skin, regardless of immigration status. “He fits that category,” Yvonne said of her child. “Where he’s on the darker side, and I feel like that’s who they’re attacking… that’s the main reason I tell him you better be careful and you don’t go with anybody.”

Ahead of the start of the school year, the district said it has contacted 10,000 families potentially impacted by immigration enforcement efforts, rerouted bus stops, deployed 1,000 central office staff to assist in school zones, and expanded virtual options for those too afraid to leave their homes.

Teen with disabilities reportedly detained by ICE outside L.A. school
Los Angeles Unified School District leaders are calling for limits on immigration enforcement near campuses after a 15-year-old boy with disabilities was pulled from a car, handcuffed, and briefly …

https://ktla.com/news/local-news/disabled-teen-detained-ice-outside-school

Tampa Free Press: California vs. Washington Lawsuit On Federal Power And Protests Heads To Bench Trial

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Governor Newsom’s Lawsuit Against President Trump Over National Guard Deployment Heads to Bench Trial

A constitutional battle is set to begin Monday, as a bench trial opens in a federal court case pitting California Governor Gavin Newsom against President Donald Trump. At issue is a question about the balance of power between the states and the federal government: When can a president deploy military forces to a state without the governor’s consent?

The lawsuit stems from a contentious summer in which President Trump ordered the deployment of federalized National Guard troops to Los Angeles to quell protests sparked by Immigration and Customs Enforcement raids. The demonstrations, which the President characterized as a “breakdown of order,” were deemed by Governor Newsom to be under the control of state forces.

The trial, presided over by Judge Charles R. Breyer, will examine the legality of President Trump’s actions. The administration justified the deployment under Title 10 of the U.S. Code, which allows the President to federalize the National Guard in cases of “rebellion” or “invasion.” However, California’s lawsuit argues that no such conditions existed and that the President’s actions constituted an illegal overreach of authority.

This is the first time since the Civil Rights Movement that a president has deployed federal troops without a governor’s request, a point that is central to California’s legal challenge. The state’s case, which previously saw Judge Breyer order the return of the troops to state control, hinges on the argument that President Trump violated both federal code and the Tenth Amendment, which reserves powers not delegated to the federal government to the states.

The outcome of this trial is expected to have far-reaching implications, setting a precedent for the extent of presidential authority to intervene in state-level unrest. As the nation watches, the court will weigh the Insurrection Act, which the Trump administration cites as justification, against the Posse Comitatus Act and the principle of state sovereignty.

California Vs. Washington Lawsuit On Federal Power And Protests Heads To Bench Trial
A constitutional battle is set to begin Monday, as a bench trial opens in a federal court case pitting California Governor Gavin Newsom against President

https://www.tampafp.com/california-vs-washington-lawsuit-on-federal-power-and-protests-heads-to-bench-trial

Popular Information: Trump manufactures a crisis in LA

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For years, President Trump has dreamed of mobilizing the military against protesters in the United States. On Saturday night, Trump made it a reality, ordering the deployment of 2,000 members of the California National Guard — against the wishes of state and local officials — in response to protests against federal immigration raids on workplaces in and around Los Angeles. By the time Trump issued the order, the protests consisted of a few dozen people at a Home Depot.

The move violated longstanding democratic norms that prohibit military deployment on American soil absent extraordinary circumstances. The last time the National Guard was mobilized absent a request from local officials was in 1965 — to protect civil rights protesters in Alabama marching from Selma to Montgomery.

Trump strongly advocated for using the military to quell racial justice protests in the summer of 2020. He encouraged governors to deploy the National Guard to “dominate” the streets. “If a city or state refuses to take the actions 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.

Behind the scenes, Trump was even more ruthless. According to a 2022 memoir by former Defense Secretary Mark Esper, Trump asked Esper if the military could shoot at people protesting George Floyd’s murder. “Can’t you just shoot them?” Trump allegedly asked. “Just shoot them in the legs or something?”

On another occasion that summer, according to a book by journalist Michael Bender, Trump announced that he was putting Army General Mark Milley, the former Chairman of the Joint Chiefs of Staff, in charge of quelling the protests. This reportedly led to a shouting match:

“I said you’re in f—ing charge!” Trump shouted at him.

“Well, I’m not in charge!” Milley yelled back.

“You can’t f—ing talk to me like that!” Trump said. …

“Goddamnit,” Milley said to others. “There’s a room full of lawyers here. Will someone inform him of my legal responsibilities?”

The lawyers, including Attorney General Bill Barr, sided with Milley, and Trump’s demand was tabled. (Trump called Bender’s book “fake news.”)

During a March 2023 campaign rally in Iowa, Trump pledged to deploy the National Guard in states and cities run by Democrats, specifically mentioning Los Angeles:

You look at these great cities, Los Angeles, San Francisco, you look at what’s happening to our country, we cannot let it happen any longer… you’re supposed to not be involved in that, you just have to be asked by the governor or the mayor to come in, the next time, I’m not waiting. One of the things I did was let them run it, and we’re going to show how bad a job they do. Well, we did that. We don’t have to wait any longer.

In October 2023, the Washington Post reported that Trump allies were mapping out executive actions “to allow him to deploy the military against civil demonstrations.”

In an October 2024 interview on Fox News, Trump again pushed for the National Guard and military to be deployed against “the enemy within,” which he described as “radical left lunatics.”

“We have some very bad people. We have some sick people, radical left lunatics,” Trump said. “And I think they’re the big — and it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen.”

Were there “violent mobs”?

White House Press Secretary Karoline Leavitt said Trump’s mobilization of the National Guard was necessary because “violent mobs have attacked ICE Officers and Federal Law Enforcement Agents carrying out basic deportation operations in Los Angeles, California.” Defense Secretary Pete Hegseth said the National Guard would “support federal law enforcement in Los Angeles” in response to “violent mob assaults on ICE and Federal Law Enforcement.”

These claims were directly contradicted by the Los Angeles Police Department (LAPD), which described Saturday’s protests as “peaceful.”

The LAPD statement said it “appreciates the cooperation of organizers, participants, and community partners who helped ensure public safety throughout the day.”

There were some reports of violence and property damage in Paramount and Compton, two cities located about 20 miles south of Los Angeles. The Los Angeles County Sheriff’s Department said it “arrested one person over the protest in Paramount” and “two officers had been treated at a local hospital for injuries and released.” As for property damage, “one car had been burned and a fire at a local strip mall had been extinguished.”

Trump’s order, however, says the unrest in California is so severe it constitutes “a form of rebellion against the authority of the Government of the United States” that necessitates the mobilization of military personnel. Although any violence and property destruction is a serious matter, local law enforcement appears fully capable of responding to the situation.

Trump’s Unusual Legal Theory

The Posse Comitatus Act generally prohibits using the military for domestic law enforcement without specific statutory (or Constitutional) authority. The most famous exception to the Posse Comitatus Act is the Insurrection Act, which permits the President to deploy the military for domestic law enforcement under specific circumstances. But, historically, the Insurrection Act has “been reserved for extreme circumstances in which there are no other alternatives to maintain the peace.” It also requires the president to issue a proclamation ordering “the insurgents to disperse and retire peaceably to their abodes within a limited time.”

Trump, however, invoked a different federal law, 10 U.S.C. 12406. That provision lacks some of the legal and historical baggage of the Insurrection Act, but it also confers a more limited authority. That is why Trump’s proclamation authorizes the National Guard to “temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur.” In other words, the National Guard is not authorized to engage in law enforcement activities, but to protect others doing that work. It remains to be seen whether the administration will respect these limitations in practice.

Trump is Confused

At 2:41 a.m. on Sunday morning, Trump posted: “Great job by the National Guard in Los Angeles after two days of violence, clashes and unrest.” At the time, the National Guard had not yet arrived in Los Angeles. Trump had spent the evening watching three hours of UFC fighting in New Jersey.

Trump also asserted, without evidence, that those protesting the immigration raids were “paid troublemakers.”

The National Guard arrived in Los Angeles much later on Sunday morning, when the streets were already quiet.

Trump told reporters on Sunday that he did not consider the protests an “insurrection” yet. About an hour later, Trump claimed on Truth Social that “violent, insurrectionist mobs are swarming and attacking our Federal Agents to try to stop our deportation operations.”

Trump’s order mobilizing the National Guard, however, likely inflamed tensions — and that may have been the point. Federal and state authorities clashed with protesters in downtown LA on Sunday afternoon. Law enforcement “used smoke and pepper spray to disperse protesters outside a federal detention center in downtown Los Angeles,” according to the Los Angeles Times.

Trump manufactures a crisis in LA
For years, President Trump has dreamed of mobilizing the military against protesters in the United States.

https://popular.info/p/trump-manufactures-a-crisis-in-la

Raw Story: ‘Slippery slope’: Experts sound alarm on Trump’s new National Guard tactic

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A new report suggests that President Donald Trump’s administration sent National Guard troops in Los Angeles to assist the Drug Enforcement Administration in a law enforcement operation about 130 miles outside the city, in a move that experts say seems unlawful.

According to the report, around 315 National Guard troops were sent to the eastern Coachella Valley region to help the DEA search a local marijuana growing operation. The DEA asked the National Guard for assistance due to the “magnitude and topography” of the operation.

Legal experts expressed alarm at the move.

“This is the slippery slope,” Ryan Goodman, law professor at New York University, wrote on Bluesky.

Federal law prohibits the National Guard from replacing local law enforcement agencies under the Posse Comitatus Act. There are limited instances where the National Guard can be used in law enforcement operations, such as to quell a rebellion. But the guardsmen have to be invited by a state’s governor under the law.

‘Slippery slope’: Experts sound alarm on Trump’s new National Guard tactic

https://www.rawstory.com/national-guard-2672436557

Straight Arrow News: National Guard, DEA raid illegal marijuana farms in Southern California

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More than 300 National Guard troops initially tasked with aiding law enforcement in the Los Angeles protests and subsequent unrest assisted federal agents during the week of June 15 in a large-scale raid targeting three suspected illegal marijuana farms in Thermal, a desert community in Riverside County, California. The Drug Enforcement Administration (DEA) led the operation, which spanned approximately 787 acres in the Coachella Valley.

…

However, California officials argue that extending the Guard’s role to operations far from Los Angeles exceeds Trump’s authority. In a federal court filing cited by The Los Angeles Times, California Attorney General Rob Bonta’s office stated that the marijuana farm raids were not related to protecting federal property or personnel in Los Angeles, and questioned whether the president’s order remains legally valid, given the changed circumstances.

The dispute centers on whether Trump’s extended use of the National Guard violates the Posse Comitatus Act, which restricts the use of military forces for domestic law enforcement without congressional approval. Bonta’s office asked the court to review whether federalized troops can operate in areas where no violence or protests are occurring. Defense Department documents indicate that the deployment could last 60 days or longer, at the discretion of the secretary of defense.

National Guard, DEA raid illegal marijuana farms in Southern California
A federal raid in Thermal sparked a legal fight over Trump’s use of National Guard troops for immigration enforcement far from Los Angeles.

https://san.com/cc/national-guard-dea-raid-illegal-marijuana-farms-in-southern-california

Washington Post: Trump plans broader use of National Guard in immigration enforcement

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The White House wants the national guard to play a bigger role in immigration enforcement, Trump’s border czar, Tom Homan, said in an interview Thursday.

The Trump administration wants to use the National Guard more broadly to enact the president’s immigration agenda, according to border czar Tom Homan, documents and people familiar with plans.

“They can’t make immigration arrests, but they can certainly augment for security, transportation, infrastructure, intelligence,” Homan said in an interview with The Washington Post.

A month before President Donald Trump federalized the California National Guard and sent them to Los Angeles as part of the government’s response to protests over immigration enforcement, the Department of Homeland Security requested more than 20,000 National Guard to aid U.S. Immigration and Customs Enforcement (ICE). The National Guard would be tasked with helping ICE catch fugitives as well as guard detention centers, process and transport migrants and other tasks, according to a memo obtained by The Washington Post. Pentagon officials say they are looking into the request but have not yet decided on the number of troops it will send.

Homan said he is also open to using the National Guard to respond to protests in other places, if the situation on the ground resembles Los Angeles. The protests there have been limited to a few locations, with local leaders saying they did not think a federal response was necessary, but the Trump administration has painted a different picture.

It sounds as though Trump & Homan are intent on using the National Guard against Americans. This will not turn out well.

There’s a lot more in the article:

Trump plans broader use of National Guard in immigration enforcement
The White House wants the national guard to play a bigger role in immigration enforcement, Trump’s border czar, Tom Homan, said in an interview Thursday.

https://www.washingtonpost.com/politics/2025/06/12/trump-miller-national-guard-ice

Also here:

Trump plans broader use of National Guard in immigration enforcement
The White House wants the national guard to play a bigger role in immigration enforcement, Trump’s border czar, Tom Homan, said in an interview Thursday.

https://www.msn.com/en-us/news/politics/trump-plans-broader-use-of-national-guard-in-immigration-enforcement/ar-AA1GBVYk

LA Times: LA police swiftly enforce downtown curfew as protests against Trump’s immigration crackdown continue

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After days of fiery protest against federal immigration raids, Los Angeles residents and officials braced for the arrival of hundreds of U.S. Marines on Tuesday in what some called an unprecedented and potentially explosive deployment of active-duty troops with hazy mission objectives.

As Trump administration officials vowed to crack down on “rioters, looters and thugs,” state local officials decried the mobilization of 700 troops from the Marine Corps Air Ground Combat Center in Twentynine Palms, calling it a clear violation of law and civility. L.A. Mayor Karen Bass even likened the deployment to “an experiment” that nobody asked to be a part of.

According to the U.S. Northern Command, which oversees troops based in the United States, the Marines will join “seamlessly” with National Guard troops under “Task Force 51” — the military’s designation of the Los Angeles force

Air Force Gen. Gregory Guillot told The Times on Tuesday that the troops are in Los Angeles only to defend federal property and federal personnel and do not have arrest power.

It’s the “defend” part that we’re all afraid of — “defend” to the military means “destroy”.

Marines on streets of L.A. bring peril, questions
After days of fiery protest against federal immigration raids, Los Angeles residents and officials braced for the arrival of hundreds of U.S. Marines on Tuesday in what some called an unprecedented and potentially explosive deployment of active-duty troops with hazy mission objectives. As Trump administration officials vowed to crack down on “riote…

https://www.msn.com/en-us/news/us/marines-on-streets-of-la-bring-peril-questions/ar-AA1Gt3Yk

Mirror: Thousands gather in SF for ‘epic battle’ against ICE amid Calif. raids

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In true Bay Area fashion, Monday night’s protest had its own rhythm.

An estimated 9,000 protesters gathered for a rally and march that started at San Francisco’s 24th & Mission BART Plaza around 6 p.m. to protest the recent raids carried out by U.S. Immigration and Customs Enforcement across California. Tracks like YG’s “FDT” and Kendrick Lamar’s “Alright” rang out on Mission Street, along with chants like “Move ICE, get out the way!” echoing through the crowd in a nod to Ludacris. Protesters rolled through on scooters and skates, some draped in keffiyehs, others wearing face masks and clothing scrawled with anti-fascist messages. Many were waving upside down American flags and cardboard posters bearing anti-ICE slogans, lambasting the agency’s actions as unlawful and illegal.

Galvanized by mounting unrest across California and large-scale demonstrations in Los Angeles — where, after three days of protest, President Donald Trump authorized the deployment of 700 Marines and over 4,000 National Guard troops, bypassing Gov. Gavin Newsom’s authority — Bay Area residents took to the streets in a show of solidarity, advocating for immigrants of all nationalities, ethnicities and creeds.

…

“And by epic battle, I mean a battle that is going to have consequences for many years, for a long time to come,” Baker said. “And you know that the Trump regime has a strategy to wear us down, to shock and awe, coming at us from so many different directions. That’s their idea, that we will give up and go home.“

“The people rising up is the only thing that’s going to stop them now,” he concluded.

Thousands gather in SF for ‘epic battle’ against ICE amid Calif. raids

https://www.sfgate.com/politics/article/thousands-march-sf-protest-california-ice-raids-20369532.php