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.

#Trump #democracy #LosAngeles

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.

#Trump #law

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.

#Trump #democracy #LosAngeles

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.

#law

#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

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.

#law #democracy

#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

🚨🚨 #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.

#law #UseOfForce #RulesOfEngagement #Proportionality

Video via Reuters

There are more press members than #protesters. The protesters are nowhere near the #NationalGuard physically. Yet #RubberBullets, #TearGas & #FlashBang #grenades.

https://www.reuters.com/world/us/new-ice-protests-planned-trump-sends-national-guard-california-2025-06-08/

#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."

#law #NationalGuard

#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

#Protesters breached a #police line guarding the entrance to Highway #101 & now a police convoy has blocked traffic for the #protest to proceed onto the highway. The 101 has been blocked at #immigration & #RacialJustice #demonstrations many times in years past.

#Trump #law #Title10 #democracy #RightToProtest #FreedomOfAssembly #authoritarianism #tyranny #Gestapo #AmericanAutocracy #LosAngeles #California #USTroops #NationalGuard #immigration