Archiv: Posse Comitatus Act (1878)


28.11.2025 - 01:32 [ CNN ]

US official says shooting suspect was vetted by intel agencies and “clean on all checks”

At the time, the CIA would have done its own vetting of him through a variety of databases, including the National Counterterrorism Center database, to see if he had any known ties to terrorist groups. The CIA did its own vetting before he started working with them and kept the identities of those they worked with secret, the official said.

NCTC would have vetted him again during Operation Allies Welcome in 2021 for any ties to terrorism before he was allowed into the US. He was clean then as well and did not show any ties to terror organizations, per the senior US official.

28.11.2025 - 01:29 [ Associated Press ]

Afghan national charged in Guard ambush shooting drove across US to carry out attack, officials say

Jeanine Pirro, the U.S. attorney for the District of Columbia, declined to provide a motive for Wednesday afternoon’s brazen act of violence which occurred just blocks from the White House. The presence of troops in the nation’s capital and other cities around the country has become a political flashpoint.

28.11.2025 - 01:20 [ NPR.org ]

National Guard shooting suspect served in CIA counterterrorism unit, group says

Rahmanullah Lakanwal, the Afghan man who allegedly shot two National Guard members in Washington, D.C., on Wednesday, previously served in one of Afghanistan‘s elite counterterrorism units, according to AfghanEvac, a nonprofit run by U.S. veterans and others who served in Afghanistan.

The unit was operated by the CIA with direct U.S. intelligence and military support, according to AfghanEvac.

28.11.2025 - 01:15 [ Tagesschau.de ]

Attentat auf Nationalgarde: Wie Trump den Angriff instrumentalisiert

Washingtons Bürgermeisterin und auch die örtliche Polizei haben sich immer wieder gegen den Einsatz der Nationalgarde in ihrer Stadt ausgesprochen. Der Bundesdistrikt Washington D.C. hatte sogar eine Klage gegen die Trump-Regierung eingereicht – und recht bekommen. Eine Bundesrichterin entschied vor etwa einer Woche, dass der immer wieder verlängerte Einsatz der Nationalgarde in der Stadt illegal sei.

Von dieser Entscheidung zeigt sich der US-Präsident aber unbeeindruckt. Nach den Schüssen auf die beiden Nationalgardisten fühlt er sich im Recht. Seinen Pentagon-Chef hat er jetzt sogar angewiesen, noch weitere 500 Nationalgardisten in die Hauptstadt zu schicken.

21.11.2025 - 10:12 [ Tagesschau.de ]

Entscheidung von US-Richterin: Einsatz der Nationalgarde in Washington ist illegal

Die Regierung von US-Präsident Donald Trump habe die Einheit der Hauptstadt nicht ohne ausdrückliche Anforderung der lokalen Behörden aktivieren dürfen. Zudem hätte sie Nationalgardisten aus anderen Bundesstaaten zu polizeilichen Zwecken nicht nach Washington beordern dürfen, hieß es in der Verfügung weiter.

Cobb ordnete an, den Einsatz der Nationalgarde zu beenden, setzte ihre Entscheidung jedoch für drei Wochen aus, damit die Trump-Regierung in Berufung gehen kann. Die Anordnung bleibt damit bis zum 11. Dezember außer Kraft.

21.11.2025 - 09:56 [ Washington Post ]

Trump administration ordered to halt ‘unlawful’ Guard deployment in D.C.

U.S. District Judge Jia M. Cobb wrote in her opinion that the deployment was “unlawful,” has caused D.C. “irreparable harm to its sovereign powers under the Home Rule Act” — the 1973 law that gave D.C. residents their own elected government — and has “infringed upon the District’s right to govern itself.”

08.11.2025 - 20:36 [ Northeastern.edu ]

What is the Posse Comitatus Act, and how does it apply to Trump’s deployment of the National Guard in California and Washington, D.C.?

(September 9, 2025)

Dan Urman, director of the law and public policy minor at Northeastern University, who teaches courses on the Supreme Court, says the National Guard is often caught between state and federal authority. The guard generally reports to their respective state governors, “but if they get called into federal service, then the Posse Comitatus Act applies to them.”

“To work around this, presidents can ask governors to deploy their state’s National Guard members,” Urman says.

08.11.2025 - 20:00 [ ABC News ]

Judge permanently blocks deployment of National Guard to Portland, saying Trump exceeded his authority

In a 106-decision, Trump-appointed U.S. District Judge Karin Immergut made permanent an order she issued last month blocking the deployment into the city.

„The evidence demonstrates that these deployments, which were objected to by Oregon‘s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president‘s authority,“ the judge wrote.

21.10.2025 - 11:49 [ Katu.com ]

Court permits Trump‘s troop deployment in Portland, pending further appeal

U.S. District Judge Karin Immergut issued two temporary restraining orders early this month — one that prohibited Trump from calling up the troops so he could send them to Portland, and another that prohibited him from sending any National Guard members to Oregon at all, after the president tried to evade the first order by deploying California troops instead.

The Justice Department appealed the first order, and in a 2-1 ruling Monday, a panel from the 9th U.S. Circuit Court of Appeals sided with the administration.

Immergut’s second order remains in effect, so no troops may immediately be deployed.

16.10.2025 - 14:52 [ Seymour Hersh / Substack ]

WHY ARE US TROOPS OCCUPYING AMERICAN CITIES?

The Trump administration is playing another long game, or trying to, in the streets of US cities under Democratic Party governance, using existing presidential emergency powers to send National Guard, Army troops and ICE agents to hunt down and arrest suspected undocumented immigrants and detain and deport them, without the due process demanded by the Constitution. What’s happening now may be a trial run for the use of those forces to interfere on the behalf of the president and the Republican Party in states where the Democratic Party has a chance to win crucial seats in next fall’s Congressional elections. I’ve been told by someone with inside knowledge that planning for such action is now under way in the White House.

16.10.2025 - 14:49 [ Seymour Hersh / TKP.at ]

Warum das US-Militär demokratische Städte übernimmt

Trump behauptet, er habe die rechtliche Befugnis, bei Feststellung eines Notstands Kriminalität in allen Staaten zu bekämpfen, einschließlich derer unter demokratischer Kontrolle. Mir wurde jedoch berichtet, dass das politische Team im Weißen Haus eine parallele, tiefere Motivation verfolgt: einen Präzedenzfall für bundesweite Notstandseingriffe zu schaffen – per präsidentieller Anordnung –, um vor den Kongresswahlen im nächsten Herbst mit Truppen intervenieren zu können.

Einige im Weißen Haus – nicht unbedingt der Präsident selbst – wissen, dass diese angerufenen Notstände „falsche Notstände“ sind. Aber wie ein Insider es formulierte: Wenn man es „wiederholt tut“, können solche Maßnahmen zukünftigen politischen Einfluss entfalten. Nennen Sie es eine neue politische Normalität.

06.10.2025 - 23:51 [ StatesmanJournal.com ]

Judge halts National Guard deployment to Portland from any state to perform federal duties

“The court recognized what we’ve said all along: there is no rebellion, no invasion, and no justification for militarizing our communities,“ Rayfield said in response to the ruling. „The President cannot keep playing whack-a-mole with different states’ Guard units to get around court orders and the rule of law.”

06.10.2025 - 23:48 [ NPR.org ]

Illinois files a lawsuit to block Trump deploying the National Guard, joining Oregon

Oregon and Portland went back to the court — this time with California as an additional party to the lawsuit — and asked U.S. District Judge Karin J. Immergut for a new temporary restraining order blocking the Trump administration from sending the California National Guard to Oregon.

In her ruling, Immergut barred any National Guard members from being relocated from any state for service in Oregon. One day earlier, she had temporarily blocked the Trump administration from federalizing the Oregon National Guard.

06.10.2025 - 23:43 [ Politico.com ]

Newsom joins Oregon’s suit after Trump sends California National Guard to Oregon

(October 5, 2025)

President Donald Trump deployed 300 California National Guard troops to Portland after a federal judge blocked the president’s call-up of Oregon’s National Guard, a workaround that has already drawn a new round of legal challenges.

Late Sunday, Gov. Gavin Newsom joined Oregon leaders’ pending lawsuit, asking Portland-based U.S. District Judge Karin Immergut to block Trump’s effort to sidestep her initial ruling by deploying California troops.

06.10.2025 - 23:40 [ Fox News ]

Oregon sues over Trump admin‘s ‚war-ravaged Portland‘ National Guard troop deployment

(September 28, 2025)

The state of Oregon filed a lawsuit Sunday to block President Donald Trump’s plan to deploy 200 National Guard troops to Portland.

The suit was announced by Oregon Attorney General Dan Rayfield within hours of Gov. Tina Kotek receiving a memo from Department of War Secretary Pete Hegseth, in which he authorized the troop deployment for 60 days.

27.09.2025 - 21:51 [ OPB.org ]

‘The number of necessary troops is zero’: Portland mayor responds to Trump announcement

Portland Mayor Keith Wilson responded by saying “the number of necessary troops is zero, in Portland and any other American city.”

“Our nation has a long memory for acts of oppression, and the president will not find lawlessness or violence here unless he plans to perpetrate it,” Wilson said. “Imagine if the federal government sent hundreds of engineers, or teachers, or outreach workers to Portland, instead of a short, expensive, and fruitless show of force.”

27.09.2025 - 21:11 [ NPR.org ]

Trump says he‘ll send troops to Portland, Ore., to handle ‚domestic terrorists‘

He made the announcement on social media, writing that he was directing the Department of Defense to „provide all necessary Troops to protect War ravaged Portland.“ Trump said the decision was necessary to protect U.S. Immigration and Customs Enforcement facilities, which he described as „under siege from attack by Antifa, and other domestic terrorists.“

27.09.2025 - 21:07 [ NewsfromtheStates.com ]

Trump to deploy troops to Portland, Oregon, vows ‘Full Force’

(today)

In a brief post to his social media platform, Trump said he would have Defense Secretary Pete Hegseth order troops deployed to Oregon’s largest city.

Trump did not specify what legal justification he had to do so, what military branch would be used or other key details. The troops would be used to defend U.S. Immigration and Customs Enforcement facilities from “domestic terrorists,” he said.

27.09.2025 - 21:02 [ Washington Post ]

Pentagon plan envisions 1,000 troops for Louisiana policing mission

(September 13, 2025)

Documents reviewed by The Washington Post illustrate the Trump administration’s evolving strategy for sending the military into cities with Democratic majorities

03.09.2025 - 00:11 [ Los Angeles Times ]

Trump deployment of military troops to Los Angeles was illegal, judge rules in blistering opinion

Experts say the ensuing judicial dust-up it will clarify precedent in a murky corner of the law. But some warn it could also unearth a road map for future deployments in cities across the U.S.

“If Breyer sides with Newsom and the 9th Circuit sides with Trump, we now have a playbook to use the National Guard and maybe the military around the country,” said Mark P. Nevitt, a law professor at Emory University and one of the country’s foremost experts on the law at the heart of the case.

“He’d have a ruling from the most liberal circuit in America giving the legal go-ahead for this deployment,” Nevitt said. “That would make bad law for the country.”

03.07.2025 - 00:30 [ USA Today ]

Donald Trump threatens to arrest NYC mayoral Democratic nominee Zohran Mamdani

(July 1, 2025)

Trump threatened to arrest Mamdani if as mayor he follows through on pledges not to assist federal officials enforcing immigration laws.

“Well then, we’ll have to arrest him,” Trump told reporters on July 1 while visiting a detention center in Florida. Trump said that he would “be watching over him very carefully on behalf of the nation.”

Trump also said „a lot of people are saying he‘s here illegally,“ which is false. Mamdani is a naturalized U.S. citizen born in Uganda, who immigrated to the United States with his parents − film director Mira Nair and Columbia University professor Mahmood Mamdani − at the age of seven.

28.06.2025 - 21:11 [ Los Angeles Times ]

California hopes law from bloody era of U.S. history can rein in Trump’s use of troops

(Today)

Department of Justice has argued Posse Comitatus does not apply to the military’s current actions in Southern California — and even if it did, the soldiers deployed there haven’t violated the law. It also claimed the 9th Circuit decision endorsing Trump’s authority to call up troops rendered the Posse Comitatus issue moot.

Some experts feel California’s case is strong.

“You literally have military roaming the streets of Los Angeles with civilian law enforcement,” said Shilpi Agarwal, legal director of the ACLU of Northern California, “That’s exactly what the [act] is designed to prevent.”

But Nevitt was more doubtful. Even if Breyer ultimately rules that Trump’s troops are violating the law and grants the injunction California is seeking, the 9th Circuit will almost certainly strike it down, he said.

“It’s going to be an uphill battle,” the attorney said. “And if they find a way to get to the Supreme Court, I see the Supreme Court siding with Trump as well.”

18.06.2025 - 21:05 [ Deadline.com ]

Trump Will Go To Supreme Court If Newsom Wins Fight Over LA Troops Deployment Again; Appeals Court Considers Temporary Restraining Order

Thousands of heavily armed Guard troops, as well as 700 U.S. Marines have been deployed in the city’s downtown core for over a week in response to protests over ongoing ICE raids and abductions of the undocumented (and in some cases, the documented).

11.06.2025 - 22:49 [ Reuters ]

Troops in LA can detain individuals, military official says, as protests spread across US

In addition to protecting government buildings and personnel, the Pentagon has said the troops will safeguard Immigration and Customs Enforcement officers during raids.
ICE posted photos online on Tuesday of National Guard troops standing guard with weapons in hand as ICE officers handcuffed apparent migrants against the side of a car in Los Angeles.
An 1878 law, the Posse Comitatus Act, generally forbids the U.S. military, including the National Guard, from taking part in civilian law enforcement.

11.06.2025 - 08:44 [ Gavin Newsom, Governor of California ]

Governor Newsom’s Address to California: Democracy at a Crossroads

Yesterday, we filed a legal challenge to President Trump’s reckless deployment of American troops to a major American city.

Today, we sought an emergency court order to stop the use of the American military to engage in law enforcement activities across Los Angeles.

If some of us can be snatched off the streets without a warrant, based only on suspicion or skin color, then none of us are safe.

Authoritarian regimes begin by targeting people who are least able to defend themselves. But they do not stop there.

11.06.2025 - 08:26 [ EurasiaReview.com ]

The Spectacle of A Police State: This Is Martial Law Without A Formal Declaration Of War – OpEd

Rather, the Deep State refers to the entrenched network of unelected bureaucrats, intelligence agencies, military contractors, surveillance firms, and corporate lobbyists that operate beyond the reach of democratic accountability. It is a government within a government—an intelligence-industrial complex that persists regardless of who sits in the Oval Office and whose true allegiance lies not with the Constitution but with power, profit, and control.

In other words, the Deep State doesn’t just survive presidential administrations—it recruits them. And in Trump, it has found a showman willing to turn its agenda into a public performance of raw power—militarized, theatrical, and loyal not to the Constitution, but to dominance.

11.06.2025 - 08:07 [ CNN ]

Trump suggests using military against ‘enemy from within’ on Election Day

(October 13, 2024)

“I think the bigger problem are the people from within. We have some very bad people. We have some sick people. Radical left lunatics,” Trump said told Fox News’ Maria Bartiromo in an interview on “Sunday Morning Futures.”

“I think it should be very easily handled by, if necessary, by National Guard, or if really necessary, by the military, because they can’t let that happen,” he added.

11.06.2025 - 07:52 [ ABC News ]

Trump warns that LA military deployment could be first ‚of many‘ in response to ICE protests

President Donald Trump and his administration officials warned that the use of the military in response to protests against his immigration crackdown may not be limited to just Los Angeles, saying it could be the first „of many“ — and that protesters could be met with „equal or greater force.“

11.06.2025 - 07:40 [ theConversation.com ]

Trump orders Marines to Los Angeles as protests escalate over immigration raids, demonstrating the president’s power to deploy troops on US soil

Under the Insurrection Act, which was signed into law in 1807, a president can deploy troops during what is called an insurrection, simply meaning when all hell breaks loose. The president can decide that it is “impracticable,” according to the Insurrection Act, to enforce the laws of the U.S. in a given city, and he may call forth the military or the National Guard to help restore law and order.

In order to invoke the Insurrection Act, the president first has to make a proclamation to those he calls the insurrectionists to cease and desist. Unless the alleged insurrectionists immediately do what the president says, the president then has the authority to deploy forces.

Trump has repeatedly called the protesters in Los Angeles “insurrectionists,” but has also walked those remarks back and hasn’t made any kind of formal proclamation yet. When Trump ordered California’s National Guard members to deploy to Los Angeles on June 7, he did so on a narrow statutory authority to protect federal buildings, properties and personnel that were trying to enforce immigration laws.

03.06.2020 - 17:02 [ the Hill ]

Pentagon chief does not support invoking Insurrection Act

„I‘ve always believed and continue to believe that the National Guard is best suited for performing domestic support to civil authorities in these situations in support of local law enforcement,“ Esper said at a news conference Wednesday.

„I say this not only as secretary of Defense, but also as a former soldier and a former member of the National Guard, the option to use active duty forces in a law enforcement role should only be used as a matter of last resort and only in the most urgent and dire of situations,“ he added. „We are not in one of those situations now. I do not support invoking the Insurrection Act.“

03.06.2020 - 16:56 [ law.cornell.edu ]

10 U.S. Code § 252. Use of militia and armed forces to enforce Federal authority

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

03.06.2020 - 09:59 [ the Hill ]

Trump stokes backlash with threat to use military against protesters

Governors in 28 states, as well as the District of Columbia, have activated their National Guards to help with crowd control, with the Guard Bureau saying Tuesday that 20,400 soldiers were responding to “civil unrest.”

Trump, though, is pushing for a fiercer response to quash the protests. In remarks Monday evening, he threatened to deploy troops across the country if governors do not “dominate” the protesters.

02.06.2020 - 09:28 [ Mary Walsh, CBS News / Twitter ]

Senior defense official says President Trump has not invoked the Insurrection Act

(8 hours ago)