Posse Comitatus Act at center of Trump-Newsom National Guard dispute in LA
President Donald Trump and California Governor Gavin Newsom are currently at odds over the deployment of the National Guard in response to ongoing riots in Los Angeles. The disagreement stems from differing interpretations of the Posse Comitatus Act, a law enacted in 1878 to limit the use of the military for domestic law enforcement.
The Posse Comitatus Act was signed into law by President Rutherford B. Hayes during the Reconstruction era to address concerns about the military’s involvement in civilian affairs. While the law generally prohibits the use of the U.S. military for domestic law enforcement, there are exceptions that allow for such intervention under specific circumstances.
In this case, President Trump authorized the deployment of the National Guard following reports of attacks on Immigration and Customs Enforcement (ICE) agents in Los Angeles. The decision to deploy troops was made after it became apparent that local authorities were not taking sufficient action to address the violence.
Governor Newsom immediately objected to the deployment, citing concerns about state sovereignty and accusing Trump of exacerbating tensions. Newsom called for the withdrawal of the troops and criticized the White House for interfering in local affairs.
In addition to the National Guard, the Pentagon has also offered to send in 500 active-duty Marines to assist with maintaining law and order in Los Angeles. This potential military intervention raises questions about the applicability of the Posse Comitatus Act and the circumstances under which the military can be used to enforce domestic laws.
Exceptions to the Posse Comitatus Act include congressional authorization, declaration of insurrection under the Insurrection Act, or when state governments are unable or unwilling to maintain law and order. These exceptions provide a legal framework for the deployment of the military in situations like the current unrest in Los Angeles.
As the debate between President Trump and Governor Newsom continues, the role of the military in addressing civil unrest remains a contentious issue. The outcome of this dispute will have far-reaching implications for the relationship between federal and state authorities in responding to domestic crises.
This article was originally written by Fox News staff and has been rewritten to provide a unique perspective on the ongoing conflict between the federal government and state officials over the use of the National Guard in Los Angeles.
