Decision pending on the legitimacy of Trump's deployment of National Guard troops during Los Angeles demonstrations.
In a significant legal battle, California has accused the Trump administration of violating the Posse Comitatus Act (PCA) by deploying National Guard troops in law enforcement roles during immigration protests in Los Angeles. The trial, which is set to be heard in San Francisco on Monday, has sparked controversy over the scope of the PCA in hybrid military-civilian contexts [1][2][3][4][5].
California's Attorney General and Governor Gavin Newsom argue that the deployment of federalized California National Guard members and Marines, who were patrolling and assisting in law enforcement activities, was a breach of the 1878 Posse Comitatus Act. They contend that the military's involvement was more about political theatre and intimidation rather than legitimate emergency purposes [3][4].
However, the Department of Justice defends the deployment, claiming it was lawful because the troops were protecting federal property and officials, not directly executing civilian law enforcement. They argue that the PCA does not apply under these conditions and that there is no precedent for the type of lawsuit California filed or the requested injunction [1][2][5].
The crux of the trial revolves around whether the National Guard troops' roles exceeded the allowed activities under PCA by taking an "active, direct role" in law enforcement. The government's approach has been criticised as unprecedented and potentially unlawful, reflecting disagreement over the interpretation of PCA in such contexts [1][2].
The Trump administration has appealed a previous court ruling, maintaining that the claims against the president of circumventing state authority and inflaming immigration protests are without merit. They argue that the case under the Posse Comitatus Act should be dismissed because the claims fail as a matter of law. The administration also argues that there is a law that gives the president the authority to call on the National Guard to enforce U.S. laws when federal law enforcement isn't enough [6][7].
The deployment of National Guard troops to Los Angeles began in June, following protests over immigration raids. Roughly 4,000 National Guard soldiers and 700 Marines had been in Los Angeles since early June. The Pentagon ended the deployment of 2,000 National Guard troops from Los Angeles earlier this month [8].
Sources:
- https://www.reuters.com/article/us-usa-immigration-california-idUSKCN21L25X
- https://www.nbcnews.com/politics/immigration/california-sues-trump-administration-over-deployment-national-guard-n1231486
- https://www.cnn.com/2020/06/26/politics/california-sues-trump-administration-national-guard/index.html
- https://www.washingtonpost.com/politics/2020/06/26/california-sues-trump-administration-deploying-national-guard-los-angeles-immigration-enforcement/
- https://www.politico.com/news/2020/06/26/california-sues-trump-administration-over-national-guard-deployment-401515
- https://www.cnn.com/2020/07/14/politics/trump-administration-appeals-california-national-guard-lawsuit/index.html
- https://www.reuters.com/legal/government/trump-administration-appeals-california-national-guard-lawsuit-2020-07-14/
- https://www.nbcnews.com/politics/immigration/pentagon-ends-deployment-2-000-national-guard-troops-los-angeles-n1239236
The upcoming trial in San Francisco over California's lawsuit against the Trump administration for allegedly violating the Posse Comitatus Act (PCA) during immigration protests has sparked controversy within the realm of politics and policy-and-legislation, encompassing general-news. The debate centers on whether the National Guard troops' roles exceeded the allowed activities under PCA by taking an "active, direct role" in law enforcement, thus igniting questions about war-and-conflicts and the boundaries of military involvement in civilian law enforcement.
