(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.”