About 500 of the National Guard troops deployed to the Los Angeles protests have been trained to accompany agents on immigration operations, the commander in charge said Wednesday.
IANAL but was wondering these things myself, and here’s my understanding:
Whoever, except in cases and 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 two years, or both.
18 U.S.C § 1385 - Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus; amended … Dec. 27, 2021, 135 Stat. 1904.
Trump cited 10 U.S.C § 12406 in his presidential memorandum “ordering into Federal service the appropriate members and units of the National Guard under this authority,” thus no longer excluding them from the Act.
Whenever—
(1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;
(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or
(3) the President is unable with the regular forces to execute the laws of the United States;
the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws. Orders for these purposes shall be issued through the governors of the States or, in the case of the District of Columbia, through the commanding general of the National Guard of the District of Columbia.
It has been argued that the requirements for 10 U.S.C § 12406 have not been met, but also that “the president likely has the authority to call out the National Guard in a merely supportive role,” as reported by CBS News (emphasis mine.)
I unfortunately don’t have time to summarize the nuances, requirements, and exceptions to the Insurrection Act as they apply to this situation at the moment, which, as others pointed out, is another exception to the Posse Comitatus Act, but I hope this at least helps some. I am in no way defending the deployment of the National Guard or Marines in this situation, just trying to understand the facts myself and hopefully provide value to others.
Posse Comitatus Act
IANAL but was wondering these things myself, and here’s my understanding:
Trump cited 10 U.S.C § 12406 in his presidential memorandum “ordering into Federal service the appropriate members and units of the National Guard under this authority,” thus no longer excluding them from the Act.
It has been argued that the requirements for 10 U.S.C § 12406 have not been met, but also that “the president likely has the authority to call out the National Guard in a merely supportive role,” as reported by CBS News (emphasis mine.)
I unfortunately don’t have time to summarize the nuances, requirements, and exceptions to the Insurrection Act as they apply to this situation at the moment, which, as others pointed out, is another exception to the Posse Comitatus Act, but I hope this at least helps some. I am in no way defending the deployment of the National Guard or Marines in this situation, just trying to understand the facts myself and hopefully provide value to others.
I’m just waiting for protests to be labeled “insurrection”
Only Congress can invoke the insurrection act iirc so it’s technically still against federal law.
What’s one more broken law in the grand scheme of things?
The President has been saying the word so much in the last week