home.social

#possecomitatusact — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #possecomitatusact, aggregated by home.social.

  1. 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.

    #law #states #governors #PosseComitatusAct

  2. 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

  3. 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.

    #law #state #governors #NationalGuard #PosseComitatusAct

  4. #NationalGuard troops were quietly withdrawn from some #US #cities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
    washingtonpost.com/national-se

  5. @MugsysRapSheet So, I went further with the prompt you started with...

    "In #Maine, the #NationalGuard’s arrest authority depends on whether they are serving under state or federal control — just like in other states — but Maine law provides some specific details. Here’s a clear breakdown:
    ________________________________________
    ⚖️ 1. When the Maine National Guard Is Under State Control
    (“State Active Duty” or Title 32 status)
    • Command: The Governor of Maine (as Commander-in-Chief).
    • Legal Basis:
    o Maine Constitution, Article V, Part 1, § 7
    o Maine Revised Statutes, Title 37-B (“Defense, Veterans and Emergency Management”)
    o §181-A and §182 are key sections covering the Guard’s use in state service.
    🔹 Authority to Enforce Laws and Make Arrests
    When the Guard is activated for state service, such as in a natural disaster, riot, or other emergency:
    • Title 37-B, §181-A(3) explicitly allows the Governor to assign the National Guard to support civil authorities in enforcing the law and maintaining public order.
    • Guardsmen may be temporarily endowed with law enforcement powers, including detaining or arresting individuals, if authorized by the Governor or the Adjutant General under state law.
    • In practice, the Guard acts in support of civilian police, often to enforce curfews, protect infrastructure, or manage crowds.
    📘 Example: If Maine experienced widespread civil unrest, the Governor could deploy the Guard to assist Maine State Police or local law enforcement in enforcing laws and detaining violators.

    🔴 2. When the Maine National Guard Is Federalized
    (“Title 10” status — under Presidential control)
    • Command: The President of the United States.
    • Legal Basis: Federal law under Title 10, U.S. Code.
    • Effect: The Guard becomes part of the U.S. Army or U.S. Air Force.
    Under the Posse Comitatus Act (18 U.S.C. § 1385), these federalized troops cannot perform civilian law enforcement duties — including making arrests, searching property, or seizing evidence — unless specifically authorized by Congress, such as under the Insurrection Act (10 U.S.C. §§ 251–255).
    So:
    • Federalized Maine Guardsmen → ❌ No arrest authority over civilians.
    • State-controlled Maine Guardsmen → ✅ Arrest/detention authority, when authorized by the Governor under Title 37-B."

    You were right!!!

    #NationalGuard #KnowYourRights #KYR #NationalGuardReactionForces #PosseComitatus #PosseComitatusAct #InsurrectionAct

  6. Resources for #OccupiedCities: including #KYR Materials

    Basic constitutional rights are under attack. We need to educate, agitate and organize quickly, deeply and strategically. This document is a shared resource for organizations and leaders who are stepping up to meet this moment.

    GoogleDoc:
    docs.google.com/document/d/17E

    #USPol #PosseComitatus #PosseComitatusAct #InsurrectionAct #KnowYourRights #OccupiedCities #SilencingDissent #NationalGuard #NationalGuardReactionForces #DHS #ICE

  7. What You Need to Know if President Trump Deploys National Guard Units to Your State.

    "Unresolved Issues Pertaining to State National Guard Units:

    A State Governor has not deployed that State’s National Guard to another State without the consent of the receiving Governor. It would violate state sovereignty and be subject to litigation.

    An unresolved question is whether the President can commandeer a State’s National Guard when a Governor has actively deployed that National Guard.

    The U.S. Supreme Court has not ruled on whether the President can order one State’s National Guard units to deploy to another state and engage in civilian law enforcement pursuant to 32 U.S.C. § 502(f). This issue may be addressed by the Supreme Court in the appeal from Illinois.

    Read more:
    movementlawlab.org/nationalgua

    #USPol #KYR #NationalGuard #NationalGuardReactionForces #SilencingDissent #SNAPCuts #FoodRiots #PosseComitatus #PosseComitatusAct #KnowYourRights #NoKings

  8. That blurring contributed to a long-term shift in civilian #LawEnforcement — one that encouraged the adoption of #military - style equipment & tactics, & helped lay the groundwork for the sort of aggressive #police force that is common today.

    What accounted for the #Army’s restraint? Although society was as divided as it is today, #political elites were not yet #polarized & still placed trust in apolitical #expertise.

    #law #Trump #Title10 #PosseComitatusAct #NationalGuard #Marines #autocracy