Posse Comitatus Act at center of Trump-Newsom National Guard dispute in LA

President Donald Trump and California Gov. Gavin Newsom are clashing implicit the deployment of the National Guard amid ongoing Los Angeles riots with antithetic interpretations of the 1878 instrumentality that governs the usage of the subject to enforce the instrumentality domestically.

The Posse Comitatus Act was signed into instrumentality by President Rutherford B. Hayes amid concerns that the subject had excessively overmuch sway implicit civilian affairs during Reconstruction. It mostly bars the usage of the U.S. subject for civilian instrumentality enforcement wrong the country, but determination are cardinal exceptions. Trump deployed the National Guard aboriginal Sunday, but truthful far, those troops person not participated successful immoderate nonstop instrumentality enforcement.

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Trump sent successful the National Guard aft Immigration and Customs Enforcement agents were reportedly attacked connected the streets of L.A. arsenic they conducted raids to drawback and deport amerciable immigrants. Seeing that neither Newsom nor L.A. Mayor Karen Bass were moving aggressively capable to halt the attacks, Trump signed a statesmanlike memorandum to deploy 2,000 National Guard troops to "address the lawlessness that has been allowed to fester," the White House said successful a statement.

Demonstrators artifact the road arsenic instrumentality enforcement officers look them during a protestation against national migration sweeps successful Los Angeles connected June 8, 2025. (REUTERS/Mike Blake)

Newsom objected instantly adjacent arsenic the riots spiraled.

"I person formally requested the Trump Administration rescind their unlawful deployment of troops successful Los Angeles region and instrumentality them to my command," Newsom wrote connected X connected Sunday alongside his missive to President Trump. "We didn’t person a occupation until Trump got involved. This is simply a superior breach of authorities sovereignty – inflaming tensions portion pulling resources from wherever they’re really needed."

In summation to the Guard, the Pentagon said Sunday nighttime it stands acceptable to nonstop successful 500 active-duty Marines.

If the subject is to instrumentality an progressive relation successful suppressing the riots, the 147-year-old instrumentality volition instrumentality halfway stage. Exceptions to the Posse Comitatus Act that let the subject to enforce the instrumentality against U.S. citizens see legislature decree, if an insurrection has been declared nether the Insurrection Act, oregon erstwhile authorities governments beryllium incapable oregon unwilling to enforce instrumentality and order.