The #PosseComitatusAct Explained
The #law generally prevents the president from using the #military as a #domestic #police force.
#Trump #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard #USTroops #immigration
https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained
The #PosseComitatusAct is just 1 sentence.
18 USC §1385—Use of Army, Navy, Marine Corps, Air Force, & Space Force as posse comitatus
Whoever, except in cases & under circumstances expressly authorized by the #Constitution or Act of #Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than 2 years, or both.
https://www.law.cornell.edu/uscode/text/18/1385
Members of the #NationalGuard are rarely covered by the #PosseComitatusAct because they USUALLY report to their #state or territory’s #governor. That means they are free to participate in law enforcement if doing so is consistent w/ state #law. HOWEVER, when Guard personnel are called into #FEDERAL service, or “federalized,” they become part of the federal #ArmedForces, which means they ARE bound by the Posse Comitatus Act until they are returned to state control.
Events in 2020 & 2021 highlighted 2 loopholes in the #PosseComitatusAct. The first involves the #DCNationalGuard. Unlike all other #state & territorial National Guards, the DC Guard is always under presidential control. Despite this, the #DOJ has for years asserted that the DC Guard can operate in a non-federal, “militia” status, in which it is not covered by the Posse Comitatus Act. By this interpretation, presidents can use the DC Guard for law enforcement whenever they choose.
Another weakness in the #PosseComitatusAct arises from the #law that allows the #NationalGuard to operate in “Title 32 status.” In #Title32 status, a middle ground between purely #state operations & federalization, Guard personnel are paid w/ #federal funds & may perform missions requested by the president, but they remain under STATE COMMAND & CONTROL. That means they are not subject to the Posse Comitatus Act, even though they are serving federal interests.
In the summer of 2020, #Trump deployed the DC #NationalGuard into Washington to #police mostly peaceful #protests against law enforcement brutality & racism. Simultaneously, over the objections of DC’s #mayor, the admin asked #state #governors to deploy their own Guard personnel into Washington in #Title32 status, & 11 governors did so.
#law #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard #immigration
The deployment of non-federalized, out-of-state #NationalGuard forces into a jurisdiction WITHOUT its consent represents another threat to the #PosseComitatusAct. When operating in #Title32 status, Guard forces are exempt from the Act because they are under #state command & control. A key part of that control is the #governor’s right to DECLINE a particular #federal mission.
#Trump #law #democracy #RightToProtest #authoritarianism #tyranny #LosAngeles #California
That right is meaningless if the #president can simply approach a different #governor & ask her to deploy her state’s #NationalGuard into the unwilling governor’s #state. In this scenario, the cooperating governor becomes a #FigLeaf for the president to use the #military as a #police force anywhere in the country, free from the constraints of the #PosseComitatusAct.
#Trump #law #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #LosAngeles #California #immigration
The situation in #LosAngeles, #California is a new one. #Trump has called up the CA #NationalGuard, not another #state’s guard. So there’s no #FigLeaf despite the fact that both the #mayor & the #governor have objected to the action.
This SHOULD make the act illegal acc/to the #PosseComitatusAct without the express invocation of the #InsurrectionAct.
The fig leaf Trump is attempting to employ is the assertion that the guard will only be protecting #federal personnel & property.
#NationalGuard troops arrive in #LosAngeles on #Trump's orders to *quell* immigration #protests
National Guard #troops have begun arriving in Los Angeles on orders from Trump to stamp out protests that have broken out in recent days against federal #immigration authorities seeking to carry out #deportations in the region.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California
https://apnews.com/article/immigration-protests-raids-los-angeles-78eaba714dbdd322715bf7650fb543d7
National Guard troops faced off with protesters in Los Angeles as tear gas was fired at a growing crowd outside a federal complex hours after the federal troops arrived in the city on President Donald Trump’s orders. The confrontation broke out Sunday in front of the Metropolitan Detention Center in downtown Los Angeles as a group of demonstrators shouted insults at members of the guard lined shoulder to shoulder behind plastic riot shields. Around 300 National Guard troops had arrived early Sunday on orders from President Donald Trump following two days of clashes with immigration authorities.
The members of California’s #NationalGuard were seen staging early Sunday at the #federal complex in downtown #LosAngeles that includes the Metropolitan Detention Center, where confrontations occurred the last 2 days.
#Trump says he is deploying 2,000 #California National Guard troops to Los Angeles — over the objections of #Governor #GavinNewsom.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California #immigration
The #troops deploying to the #LosAngeles area are from the 79th Infantry Brigade Combat Team of the #California #NationalGuard, United States Northern Command said in a post on social media. #USNorthCom said that some of the troops were already on the ground. A #Northcom spokeswoman said more information would be provided soon.
#Trump #law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #USTroops #immigration
#DHS Secy #KristiNoem, appearing on CBS Sunday, declined to give details about the #NationalGuard deployment in #LosAngeles. Asked if #troops would remove #protesters’ masks, she said, “I won’t get more specific on that, just because we never do when it comes to law enforcement operations.” #Trump said on Saturday that face coverings would not be tolerated at #protests.
[that would absolutely violate the #PosseComitatusAct]
#law #Title10 #democracy #RightToProtest #California #immigration
Note: most #protesters are not wearing #masks to hide their identities as #Trump claims. They are wearing masks because of the #TearGas canisters #LAPD & Federal officers
have been shooting at them.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard #USTroops #immigration
From Lawfare—Chris Mirasola explains Trump’s memorandum purporting to deploy 2,000 #NationalGuard personnel to respond to #protests against #ICE #immigration raids in #LosAngeles.
There has been significant mischaracterization of what #Trump has authorized in the memo signed yesterday. #Governor #GavinNewsom has criticized, for example, a complete takeover of the #California Guard. This is not provided for in the memo. Here is what the memo does provide.
#law #Title10
https://www.lawfaremedia.org/article/the-national-guard-in-los-angeles
It [the #InsurrectionAct] is an exception to the #PosseComitatusAct, the statute that generally criminalizes using the #military for domestic #law enforcement purposes unless there is express statutory or constitutional authority to do so. §12406 [#Title10], on the other hand, ONLY authorizes the #president to involuntarily call #NationalGuard personnel into federal service in 1 of 3 circumstances.…
#Trump #law #democracy #RightToProtest #authoritarianism #Gestapo #LosAngeles #California
Joyce Vance just pointed out on MSNBC w/ Ali Velshi that #Trump’s order does NOT place a geographical limit on the deployment of the #NationalGuard. That means he may try to extend it beyond the #LosAngeles area.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California #USTroops #immigration
Not for nothing: #Trump's #TravelBan ordering the citizens of 12 countries to be blocked from entering the United States goes into effect at 12:01 AM ET (0401 GMT) on Monday, a move he claimed was to protect the US from "foreign terrorists."
In Trump’s first term, he instituted a #MuslimBan which was widely protested.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard #USTroops #immigration
There are currently 3 separate #demonstrations taking place in downtown #LosAngeles, local police said Sunday.
They are:
• Olvera Street, a historic Mexican Marketplace.
• The Edward R. Roybal Federal Building, a complex that includes a #detention center run by #ICE.
• Central Division, a #police station in #LA.
The #LAPD said all 3 demonstrations are #peaceful.
#Trump #immigration #law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #NationalGuard
“What they’re doing is wrong, the intimidation,” Henning said of #Trump & #immigration officials.
He dismissed Trump’s characterization of the several days of local #protests as an #insurrection:
“This is not #Jan6. We’re not rioting.”
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard
#Military ofcls are still trying to figure out the extent to which #NationalGuard #troops deployed to the #LosAngeles area could engage w/ #protesters, 2 #defense ofcls said Sunday.
The #Army’s 79th Brigade Combat Team from the #California National Guard are tasked w/defending federal property & personnel in the operational area. The troops were read their #RulesOfEngagement — the rules for the #UseOfForce — before they deployed. But #Pentagon ofcls have not said publicly what those rules are.
#Trump’s order did not specify any standards for when #troops would be able use #force — like arresting people or shooting them—if his admin deemed a #protest to threaten #federal personnel, property or functions.
Notably, #PeteHegseth has railed against #military lawyers who promoted what he saw as unduly restrictive rules of engagement aimed at protecting #civilians in war zones. He has fired the top judge advocate general (#JAG) lawyers who give advice on legal constraints.
#Trump just spoke to reporters. During questioning about what #NationalGuard #troops were authorized to do he said:
“If they spit, we hit.”
That is 100% NOT how law enforcement is supposed to respond.
The #UseOfForce is limited by #proportionality.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #NationalGuard #USTroops #immigration
The principle of #proportionality is a #legal doctrine that requires any action taken by authorities, especially in the context of surveillance & #LawEnforcement, to be #proportionate to the objective being pursued.
#Law enforcement officers should use only the amount of force necessary to mitigate an incident, make an arrest, or protect themselves or others from harm.
#Trump #UseOfForce #RulesOfEngagement #NationalGuard #LosAngeles #protests #protesters #tyranny
https://nij.ojp.gov/topics/articles/overview-police-use-force
Broadly speaking, the use of force by law enforcement officers becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group. There is no single, universally agreed-upon definition of use of force. The International Association of Chiefs of Police has described use of force as the "amount of effort required by police to compel compliance by an unwilling subject" [1].
🚨🚨 #NationalGuard members or other agents, it’s not clear which, just fired what appeared to be #TearGas at the crowd outside the detention center in downtown #LosAngeles, scattering #protesters who coughed from the smoke. Others helped them wash out their eyes.
At least one protester was hit by a #RubberBullet.
#Trump #law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California #NationalGuard #USTroops #immigration
A MSNBC reporter on the scene said the #NationalGuard fired the #TearGas when #protesters were only approaching them. Approaching. That’s it. No other provocation.
#Trump #law #Title10 #PosseComitatusAct #UseOfForce #RulesOfEngagement #Proportionality #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #USTroops #immigration
AP:
Members of the #NationalGuard faced off w/ #protesters in #LosAngeles on Sun, & #TearGas was fired at a growing crowd that gathered outside a federal complex hours after the federal troops arrived in the city on #Trump’s orders.
The confrontation broke out in front of the Metropolitan Detention Center in #LA, as a group of demonstrators SHOUTED INSULTS at the guard lined shoulder to shoulder behind riot shields.
Tear gas for insults.
Video via Reuters
There are more press members than #protesters. The protesters are nowhere near the #NationalGuard physically. Yet #RubberBullets, #TearGas & #FlashBang #grenades.
#Trump #law #Title10 #PosseComitatusAct #UseOfForce #RulesOfEngagement #Proportionality #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #USTroops #immigration
#Trump says he told ofcls to 'liberate' #LosAngeles
Trump posted on his social media that "violent, insurrectionist mobs" were swarming & attacking Federal Agents to try & stop #deportations, adding that he directed the secretaries of #Defense & #DHS & AG #PamBondi "to take all such action necessary to liberate Los Angeles from the Migrant Invasion, & put an end to these Migrant riots. Order will be restored, the Illegals will be expelled, & Los Angeles will be set free."
#Trump wrote his post about 20 mins after #California #Governor #Newsom called for #protests to be #peaceful & calm.
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #USTroops #NationalGuard #immigration
Scenes from downtown #LosAngeles Sunday.
Photographs by Daniel Cole & Mike Blake for Reuters.
#Trump #law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California #USTroops #NationalGuard #immigration
Gee, why would #protesters ever need to wear #masks?
#Trump #law #Title10 #PosseComitatusAct #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #California #USTroops #NationalGuard #immigration
Foam projectiles fired into the crowd of #protesters littered the ground outside a downtown detention center where a crowd has been growing since the morning.
Tensions are escalating in one area of the protest, where a line of #LosAngeles #police officers are separating the crowd. “Love thy neighbor,” one protester yelled.
#Trump #law #Title10 #PosseComitatusAct #UseOfForce #Proportionality #democracy #RightToProtest #authoritarianism #Gestapo #California #NationalGuard #immigration
#LAPD orders some #protesters to disperse
The intersection mentioned in the post is right next to the federal building where #NationalGuard troops were stationed & protesters are gathered.
Several #police vehicles have driven into the area.
A helicopter circling the crowd in downtown #LosAngeles is announcing via loudspeaker that the #protest is an “unlawful assembly”
#Trump #law #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #immigration
#California #Governor #GavinNewsom just formally asked #PeteHegseth, the #defense Secy, to rescind #Trump’s #unlawful order to deploy the #NationalGuard in #LosAngeles. “We didn’t have a problem until Trump got involved,” Newsom said in a social media post. “This is a serious breach of #state #sovereignty — inflaming tensions while pulling resources from where they’re actually needed.”
#law #Title10 #PosseComitatusAct #democracy #RightToProtest #authoritarianism #Gestapo #immigration
Nonilex
Seán Fenian