CDFingers wrote: Tue Jan 14, 2025 10:50 am
Posse Comitatus Act Explained by the Brennan Center for Justice:
https://www.brennancenter.org/our-work/ ... -explained
The law generally prevents the president from using the military as a domestic police force.
Laws have not stopped him before, and having escaped accountability and fresh with his new absolute "emergency" powers, I believe we're going to have some excitement. That's not a good thing. Remember: JD Vance on the Sunday talk shows claimed that the US economy was a "dumpster fire" just after the host laid out how well Biden's economy is doing.
CDF
As the article also states.
In the summer of 2020, President Trump deployed the DC National Guard into Washington to police mostly peaceful protests against law enforcement brutality and racism. Simultaneously, over the objections of DC’s mayor, the administration asked state governors to deploy their own Guard personnel into Washington in Title 32 status, and 11 governors did so. Although these out-of-state forces were nominally under their governors’ control, it was later revealed that they were reporting up through the DC Guard’s chain of command for “coordination” purposes. That meant they were ultimately taking orders from the president. In this way, the Trump administration brought a large, federally controlled military force into Washington and used it for civilian law enforcement, all while skipping over the procedures in the Insurrection Act and evading the political costs of invoking it. That is exactly what the Posse Comitatus Act is meant to prevent.
Moreover, the deployment of non-federalized, out-of-state Guard forces into a jurisdiction without its consent represents another threat to the Posse Comitatus Act. When operating in Title 32 status, Guard forces are exempt from the Posse Comitatus Act because they are under state command and control. A key part of that control is the governor’s right to decline a particular federal mission. That right is meaningless if the president can simply approach a different governor and ask her to deploy her state’s Guard into the unwilling governor’s state. In this scenario, the cooperating governor becomes a fig leaf for the president to use the military as a police force anywhere in the country, free from the constraints of the Posse Comitatus Act.
There are the loopholes and there are governors like Abbott that would rollover and call out the Texas National Guard to please TOS.
President Eisenhower ordered the 101st Airborne Division to Little Rock to protect the students integrating Little Rock High School under the Federal Court order Brown Vs the Board of Education Ruling. He did this because the Governor of Arkansas was threatening to use the State National Guard to prevent it.
