#posse-comitatus-act — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #posse-comitatus-act, aggregated by home.social.
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With the #PosseComitatusAct, signed into law by Pres.#RutherfordBHayes on Jun 18, 1878, the military is limited in its ability to enforce civilian law. Since then, the act has been tested and even suspended, but still stands as a reminder of the role of the military in our lives. #photography #americana #wa #california #californication #canon80d #colorphotography #blackandwhitephotography #travel #photos #trivia
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In late Dec, #SCOTUS issued a temporary order blocking #Trump from carrying out the #Chicago deployment because, it said, the president’s ability to federalize the #NationalGuard likely applies only in “exceptional” circumstances. The ruling has called into question any broader plans by the admin to use #federal #troops domestically to respond to #civil unrest.
The deployments have cost >$496 million, the Congressional Budget Office reported in Jan. -
More than 2,500 #NationalGuard members remain in #WashingtonDC, in response to Trump’s ordered deployment, but under a nonfederal status. Their mission — part crackdown on “crime” & part sanitation duty — is expected to last until the end of the year. Additionally, there is an ongoing Guard presence in #Memphis & #NewOrleans, but those missions, while funded by the #FederalGovernment under a novel agreement with the #Trump admin, are overseen by each #state’s #governor.
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The deployments — including >5,000 troops to #LosAngeles, approximately 500 into #Chicago & 200 to #Portland, #Oregon — were ordered despite the vehement opposition from state & local leaders who labeled the #Trump admin’s actions an unlawful abuse of presidential authority. All of those service members were sent home by the end of January, according to US Northern Command.
#Trump #law #states #governors #NationalGuard #PosseComitatusAct
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It was a remarkable turnabout after #Trump [if he even knows about it] & #Defense Secy #Hegseth had insisted the mobilizations were necessary to combat what they claimed was unchecked violence & to support enforcement of the nation’s #immigration laws.
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The #Trump admin has withdrawn all #federalized #NationalGuard #troops from US cities, after its repeated attempts to surge forces into #Democrat-run #states encountered #judicial roadblocks.
The pullout was quietly finalized late last month, occurring with no public acknowledgment from the #WhiteHouse or the #Pentagon. -
#NationalGuard troops were quietly withdrawn from some #US #cities
The deployments encountered repeated legal setbacks [because they were illegal] that stymied #Trump’s “show of force” [#coup attempts] in #LosAngeles, #Chicago & #Portland, Oregon.#law #state #governors #PosseComitatusAct
https://www.washingtonpost.com/national-security/2026/02/11/national-guard-los-angeles-chicago-portland/ -
The #PosseComitatusAct is what made Jim Crow possible.
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The #Army placed the units on prepare-to-deploy orders in case “violence” in #Minnesota escalates, officials said, characterizing the move as “prudent planning.” It is not clear whether any of them will be sent to the state, the officials said, speaking like some others on the condition of anonymity to discuss sensitive #military planning.
#Trump #law #Congress #PosseComitatusAct #MilitaryState #MartialLaw #Constitution #CivilRights #RightToProtest #UseOfForce #AbuseOfPower #autocracy
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The #Pentagon has ordered about 1,500 active-duty soldiers to prepare for a possible deployment to #Minnesota, #defense officials told WaPo late Saturday, after #Trump threatened to invoke the #InsurrectionAct in response to “unrest” [dissent] there.
The soldiers are assigned to 2 #infantry #battalions with the #Army’s #11thAirborne Division, which is based in Alaska & specializes in #ColdWeather operations.#NationalSecurity #law #PosseComitatusAct #MilitaryState #MartialLaw #AbuseOfPower
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This is actually what #CivilWar looks like. #Trump is pitting #USsoldiers against #US soldiers on #domestic soil.
#Pentagon readies 1,500 #soldiers to possibly deploy to #Minnesota
Troops with the #Army’s #11thAirborne Division in Alaska are preparing after Trump’s #InsurrectionAct threat, according to defense officials.#NationalSecurity #law #PosseComitatusAct #MilitaryState #MartialLaw #Constitution #CivilRights #RightToProtest #UseOfForce #AbuseOfPower #autocracy
https://www.washingtonpost.com/national-security/2026/01/18/trump-minnesota-insurrection-act/ -
#Trump officials extend #NationalGuard mission in #DC through 2026
The domestic #military mission, which is the subject of an ongoing #court challenge, was due to expire at the end of February.#law #HomeRule #PosseComitatusAct #MilitaryState #MartialLaw #StateSponsoredTerrorism
https://www.washingtonpost.com/national-security/2026/01/16/trump-national-guard-dc/ -
RE: https://c.im/@cdarwin/115901426247196926
Although the Insurrection Act appears to confer wide-ranging authority,
the Department of Justice has long taken the position that the law is
“limited . . . by the Constitution and by tradition.”In a 1964 memorandum,
the deputy attorney General wrote that the law may be invoked in three circumstances:when a state requests help in putting down an insurrection,
when deployment is needed to enforce a federal court order,
or when “state and local law enforcement have completely broken down.”
Moreover, even on its face,
the Insurrection Act only permits the use of troops to enforce either federal laws or a narrow category of state laws
(essentially, civil rights protections).Troops could not be used, for instance, to combat street crime, as that type of criminal activity is governed by state and local laws.
Most important,
no statute can override the Constitution.Accordingly, troops deployed under the Insurrection Act may not violate individuals’ constitutional rights.
They may not, for example,
search a person’s home without a warrant.And while the Insurrection Act is an exception to the Posse Comitatus Act,
it is not an exception to other federal laws that might apply to their conduct(for instance, the law criminalizing the presence of federal troops at polling places).
#InsurrectionAct #rebellion #violence #PosseComitatusAct #StaffordAct
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Trump’s push to deploy #troops in #Democrat cities has been met with legal challenges at nearly every turn.
#SCOTUS in December refused to allow the #Trump admin to deploy #NationalGuard troops in the #Chicago area as part of its crackdown on “#immigration”. The order was not a final ruling but was a significant & rare setback by the high court for trump’s efforts.
In #DC, district AG Brian Schwalb sued to halt the deployments of >2k guardsmen.
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#NationalGuard troops had already left #LosAngeles after #Trump deployed them earlier this year as part of a broader crackdown on “crime” & “#immigration” [nonwhites]. They had been sent to #Chicago & #Portland but were never on the streets [though they were on “federal property”] as legal challenges played out.
#law #PosseComitatusAct #military #Constitution #RightToProtest #authoritarianism #autocracy #fascism #tyranny #Gestapo #Sturmabteilung #WhiteSupremacy
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#Trump said he’s dropping—for now—his push to deploy #NationalGuard troops in #Chicago, #LosAngeles & #Portland, OR, a move that comes after several legal roadblocks enjoined his effort.
Trump said in a social media post Wednesday that he’s removing the Guard troops for now. “We will come back, perhaps in a much different & stronger form, when crime begins to soar again - Only a question of time!” he wrote.
#law #PosseComitatusAct #RightToProtest #FreedomOfAssembly #authoritarianism #military
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“At this preliminary stage, the government has failed to identify a source of #authority that would allow the #military to execute the laws in #Illinois,” the court said in its unsigned order.
And of course, Conservative Justices Samuel #Alito, #ClarenceThomas & Neil #Gorsuch dissented.
#Trump #law #immigration #military #NationalGuard #MilitaryState #MartialLaw #PosseComitatusAct #democracy #Constitution #RightToProtest #authoritarianism #autocracy #despotism #Sturmabteilung #WhiteSupremacy
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The justices declined the #Trump administration’s emergency request to overturn a ruling by U.S. District Judge April Perry that had blocked the deployment of troops. An appeals court also had refused to step in. #SCOTUS took more than two months to act.
The high court order is not a final ruling but it could affect other lawsuits challenging Trump’s attempts to deploy the #military in other #Democratic-led #US #cities.
#law #immigration #AbuseOfPower #NationalGuard #PosseComitatusAct #ICE
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Holy shit & hell yeah
#SCOTUS on Tuesday barred #Trump from deploying the #NationalGuard to #Chicago to “protect” #ICE agents, handing the White House a rare loss at the court as Trump has sought to send #military troops to multiple US #cities.
#law #immigration #PosseComitatusAct #UseOfForce #PoliceBrutality #Constitution #CivilRights #HumanRights #AbuseOfPower #despotism #fascism #Tyranny #MafiaState #TheCrueltyIsThePoint #CBP #Gestapo #Sturmabteilung #WhiteSupremacy
https://apnews.com/article/supreme-court-trump-national-guard-97192a48f01dd4954f1ba505628b5f21?utm_source=onesignal&utm_medium=push&utm_campaign=2025-12-23-Breaking+News -
Maurer added that “if the guidance does not explicitly advise servicemembers that they have a duty to disobey unlawful orders, the guidance is not a legitimate statement of professional military ethics & the law.”
#law #Trump #Hegseth #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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…Dan Maurer, a retired #Army lieutenant colonel & former #JAG lawyer, said that the guidance, as described by CNN, appears to “misunderstand what a servicemember is supposed to do in the face of an unlawful order: disobey it if confident that the order is unlawful & attempt to persuade the order-giver to stop or modify it have failed, & report it through the chain of command.”
#law #Trump #Hegseth #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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More than a dozen senior officers have either been fired or retired early since #Trump took office in January, an unusually high rate of turnover. In a speech before hundreds of general & flag officers in September, #Hegseth directed officers to “do the honorable thing & resign” if they didn’t agree with his vision for the department.
#law #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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“A commissioned officer has every right to say, ‘this is wrong,’ and shouldn’t be expected to quietly & silently walk away just because they’re given a free pass to do so,” said a former senior #defense official who left the #Pentagon earlier this year.
#law #Trump #Hegseth #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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Widmar responded that they should consult with their legal adviser if they’re unsure, the sources said. But ultimately, if they determine that an order is illegal, they should consider requesting retirement.
#law #Trump #Hegseth #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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Caine had just seen a video that included 6 Democratic lawmakers publicly urging #US #troops to disobey illegal orders. He asked Widmar, according to the sources, what the latest guidance was on how to determine whether an order was lawful & how a commander should reply if it is not.
#law #Trump #Hegseth #military #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #cities #PosseComitatusAct
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Top #lawyer for #military #JointChiefs told chairman that officers should retire if faced with an #UnlawfulOrder
#law #Trump #Hegseth #criminal #murder #WarCrimes #ExtrajudicialKillings #policing #US #cities #PosseComitatusAct
https://www.cnn.com/2025/12/19/politics/unlawful-order-caine-widmar-retire?cid=ios_app -
A federal appeals court in Washington ruled Wednesday that the #NationalGuard in #WashingtonDC since August by #Trump could remain while the court considered the legality of the deployment.
The decision prolongs Trump’s most expansive effort so far to use the#military to #police a #Democratic city, after smaller deployments in several states were halted or wound down, as a result of orders by federal judges around the #US.
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US judge blocks #Trump #NationalGuard deployment in #LosAngeles
A federal judge on Wednesday blocked Donald Trump's deployment of National Guard #troops to Los Angeles & ordered them returned to the control of the #state's #governor.
#law #PosseComitatusAct #AbuseOfPower #immigration #RightToProtest #DueProcess #CivilRights #ICE #CBP #PoliceBrutality #WhiteSupremacy
https://www.reuters.com/world/us-judge-blocks-trumps-national-guard-deployment-los-angeles-2025-12-10/?utm_source=braze&utm_medium=notifications&utm_campaign=2025_engagement -
An appeals court Thursday handed a victory to #Trump in his effort to keep #NationalGuard troops in #WashingtonDC, pausing a lower court order.
In a written order, the US Court of Appeals for DC lifted an injunction that said the troops needed to leave the nation's capital by Dec 11.
The order, while not a final judgment, allows Trump to continue a deployment he began this summer & ramped up after the Nov 26 shooting of 2 Guard members.
#law #PosseComitatusAct
https://www.reuters.com/world/us/appeals-court-allows-trump-national-guard-deployment-dc-continue-2025-12-04/?utm_source=braze&utm_medium=notifications&utm_campaign=2025_engagement -
#DCAG Brian Schwalb sued the #Trump admin challenging the #NationalGuard deployments. He asked the judge to bar the White House from deploying Guard troops without the mayor’s consent.
Cobb found that the president only has the power to call up the Guard “through the exercise of a specific power outlined in state law,” not for “whatever reason” he sees fit.