A Federal judge just denied Governor Newsom’s emergency bid to immediately halt Trump’s National Guard deployment in Los Angeles.
President Trump’s authority to deploy the National Guard and federal troops for domestic law enforcement, from addressing Los Angeles riots to immigration enforcement, remains legally sound despite liberal objections invoking the Posse Comitatus Act, which contains specific exceptions under Title 10 military law that preserve conservative law and order priorities.
Over the last several days, violent anti-ICE riots have raged across Los Angeles. Federal officers were injured by rock-throwing attackers, cars were set ablaze, highways were blocked, and federal buildings were assaulted while protesters waved Mexican flags and chanted anti-American slogans.
Despite this chaos, liberals and their media allies frantically claim Trump’s deployment of 2,000 National Guard troops and U.S. Marines violates the Posse Comitatus Act. This narrative that federal forces cannot deploy on American streets is designed to handcuff law enforcement and protect the radical left’s ability to riot with impunity. In reality, Trump is operating within his constitutional and statutory authority through numerous legal mechanisms to restore order and protect federal personnel.
President Trump deployed California’s National Guard under Title 10 of the U.S. Code, specifically Section 12406, which allows the president to federalize National Guard troops when there is “a rebellion or danger of a rebellion against the authority of the Government of the United States.” The federalized troops will serve for 60 days under presidential command, protecting ICE officers and federal property during immigration enforcement operations.
While Trump hasn’t invoked it yet, the Insurrection Act of 1807 remains his most powerful weapon. This law allows the president to deploy federal troops for actual law enforcement when states cannot or will not suppress domestic violence, when federal law enforcement is obstructed, or when constitutional rights are being violated. Sections 251 through 253 give the president sweeping authority to deploy military forces domestically, with minimal restrictions and presidential discretion that courts rarely challenge.
The Department of Defense also recognizes inherent constitutional authority for military action in emergencies. This includes the power to quell large-scale civil disturbances when presidential authorization is impossible, protect federal property and functions when local governments fail, and respond to homeland defense threats. These constitutional powers exist independently of any congressional statute.
Dmocrats constantly cite the 1878 Posse Comitatus Act, but they conveniently ignore its major exceptions. The National Guard under state control can perform law enforcement functions. Federalized Guard units can operate under specific statutory exceptions for counter-narcotics operations, protection of federal officials, nuclear materials security, civil rights enforcement, and border security operations.
Additionally, Title 32 authority allows National Guard troops to serve federal missions while remaining under state command through federally funded but state-controlled operations. This hybrid status has enabled homeland defense activities, drug interdiction, border operations, and emergency response without triggering Posse Comitatus restrictions. The Stafford Act also permits military deployment for natural disasters, public health emergencies, and other crises without these legal constraints.
Liberal legal experts like Elizabeth Goitein from the Brennan Center claim Trump’s actions are “unprecedented,” but they ignore historical precedent. President Eisenhower federalized the Arkansas Guard in 1957 for civil rights enforcement. President Johnson deployed troops to Alabama in 1965. President Bush Sr. used massive federal force during the 1992 LA riots. The difference is that those presidents had governors who requested help, while Trump shows real leadership by acting despite Democrat obstruction.
President Trump’s deployment of the Marines was considered even more controversial; however, it was also done under his legal authority. Trump has more direct authority over the Marines than the National Guard, under Title 10 and in his constitutional role as commander in chief of the armed forces. U.S. Northern Command confirmed that the infantry battalion would be supporting the National Guard troops “who are protecting federal personnel and federal property in the greater Los Angeles area”.
The memo also stated that the defense secretary may employ “any other members of the regular Armed Forces as necessary to augment and support the protection of federal functions and property in any number determined appropriate in his discretion”.
While the Marines are subject to legal restrictions that prevent them from taking part in “any search, seizure, arrest or other similar activity” unless Trump invokes the Insurrection Act, the Justice Department “has opined that when protecting federal functions and property, the military is not actually conducting law enforcement” and so the Posse Comitatus Act simply doesn’t apply.
Marine Corps Commandant Gen. Eric Smith confirmed the Marines “don’t have arrest authority” and are there “to protect federal property and federal personnel”. This protective function falls under the president’s inherent constitutional authority as commander in chief to protect federal operations and personnel, providing Trump with clear legal justification for the Marines deployment without requiring the more extreme step of invoking the Insurrection Act.
Even if judges block President Trump from deploying the National Guard or active-duty military, he can still lawfully deploy the U.S. Coast Guard, which is entirely exempt from Posse Comitatus restrictions. Operating under the Department of Homeland Security, the Coast Guard has full law enforcement authority granted by Congress. It can enforce federal laws within the United States, support immigration enforcement, and help maintain public order during civil unrest, without the legal limitations that constrain other branches of the military.
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