Judge asks if troops in Los Angeles are violating the Posse Comitatus Act

H

Hume

Verified User
U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
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Judge asks if troops in Los Angeles are violating the Posse Comitatus Act

A federal judge held a brief hearing over whether the Trump administration should continue its deployment of troops to Los Angeles. U.S.
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Seems obvious it is a violation.
 
Hume said:
U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
apnews.com

Judge asks if troops in Los Angeles are violating the Posse Comitatus Act

A federal judge held a brief hearing over whether the Trump administration should continue its deployment of troops to Los Angeles. U.S.
apnews.com apnews.com


Seems obvious it is a violation.
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You already lost that one.
 
Are they arresting folks? If they are acting as law enforcement it would be a violation of the posse comitatus act, but if they are protecting federal assets and not participating in the raids other than to protect personnel I wonder how it will eventually come out.

But if they are arresting people... Absolutely a violation. The Act's purpose is to stop the troops from being used as cops.
 
Lionfish said:
You already lost that one.
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Current Status: As of June 20, 2025, the PCA claim remains unresolved. The 9th Circuit’s ruling focused on federalization authority, not whether the Guard’s actions (e.g., accompanying ICE or detaining civilians) violate the PCA. Breyer’s June 12 comments suggest the PCA issue could be revisited if evidence of improper law enforcement activities emerges. A hearing was scheduled for June 17 to consider further arguments, but no outcome is documented in available sources. California could still pursue the PCA claim in district court, as Breyer indicated it was premature but not dismissed.
 
Damocles said:
Are they arresting folks?
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That is the interesting point. They are doing nothing. What little riot there was, ended within an hour or so, so there really is nothing to do. LA is back to borderline record low crime. The police handled it. We should thank the local and state governments.

So why is trump federalizing the National Guard, something only to be done in emergencies? And why did he lie to the National Guard and say he had signed the orders to federalize the National Guard?

That last question is the most strange. The president contacted troops, told them he had just signed an order federalizing them, that the order was on its way, and they should start acting as federal troops. But, he had not signed the order. trump still has not signed the order. If these troops get injured, there does not seem to be any medical benefits open to them. They are not in the Tricare system.

I know LA is completely safe, with nothing interesting happening... But even a safe city has accidents. When one of this soldiers gets hungry and walks down to the local McDonalds, he could be hit by a car. His leg could be shattered, so he never walks again. If he was federalized, the US Government would take care of him. As it is now, he would be stuck begging charities for help.
 
Damocles said:
Are they arresting folks? If they are acting as law enforcement it would be a violation of the posse comitatus act, but if they are protecting federal assets and not participating in the raids other than to protect personnel I wonder how it will eventually come out.

But if they are arresting people... Absolutely a violation. The Act's purpose is to stop the troops from being used as cops.
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There is already video of them detaining people. Is detaining a person under suspicion of a crime a law enforcement action? That would appear to be what the judge is asking to be explained by the two sides.
 
Damocles said:
Current Status: As of June 20, 2025, the PCA claim remains unresolved. The 9th Circuit’s ruling focused on federalization authority, not whether the Guard’s actions (e.g., accompanying ICE or detaining civilians) violate the PCA. Breyer’s June 12 comments suggest the PCA issue could be revisited if evidence of improper law enforcement activities emerges. A hearing was scheduled for June 17 to consider further arguments, but no outcome is documented in available sources. California could still pursue the PCA claim in district court, as Breyer indicated it was premature but not dismissed.
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All the appeals court did was deny the stay that would have turned the control of the guard back to the governor. They denied the stay based on their ruling that it was likely that the federal government would win at trial on the question of calling up the guard under 12406 based on the third prong. They did not rule that the President can call up the guard any time he wants. They did rule that the courts can and do have jurisdiction as to questions about the calling up of the guard.

www.documentcloud.org

TrumpGuardCA9StayOrd061925

www.documentcloud.org www.documentcloud.org
 
Walt said:
That is the interesting point. They are doing nothing. What little riot there was, ended within an hour or so, so there really is nothing to do. LA is back to borderline record low crime. The police handled it. We should thank the local and state governments.

So why is trump federalizing the National Guard, something only to be done in emergencies? And why did he lie to the National Guard and say he had signed the orders to federalize the National Guard?

That last question is the most strange. The president contacted troops, told them he had just signed an order federalizing them, that the order was on its way, and they should start acting as federal troops. But, he had not signed the order. trump still has not signed the order. If these troops get injured, there does not seem to be any medical benefits open to them. They are not in the Tricare system.

I know LA is completely safe, with nothing interesting happening... But even a safe city has accidents. When one of this soldiers gets hungry and walks down to the local McDonalds, he could be hit by a car. His leg could be shattered, so he never walks again. If he was federalized, the US Government would take care of him. As it is now, he would be stuck begging charities for help.
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DHS: Assaults on ICE Agents Surge 500%.

Do better Never Right Walter.
 
Damocles said:
Are they arresting folks? If they are acting as law enforcement it would be a violation of the posse comitatus act, but if they are protecting federal assets and not participating in the raids other than to protect personnel I wonder how it will eventually come out.

But if they are arresting people... Absolutely a violation. The Act's purpose is to stop the troops from being used as cops.
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They have detained people and turned them over to law enforcement. Their words, but that sounds like an arrest to me.
 
Nothing to see here, folks.
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Los Angeles


“I know LA is completely safe, with nothing interesting happening...”

Don’t believe what you are seeing…with your own eyes.

Too funny.
 
AI Overview

Detained vs Arrested | Difference in Being Detained and Arrested
No, detaining and arresting are not the same.Detention is a temporary restriction of freedom by law enforcement for investigation, while an arrest is a formal taking into custody based on probable cause of a crime.

These loons should get a clue.
 
Earl said:
Nothing to see here, folks.
View attachment 52790
Los Angeles


“I know LA is completely safe, with nothing interesting happening...”

Don’t believe what you are seeing…with your own eyes.

Too funny.
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That was more than two weeks ago, well before the National Guard troops arrived. It was handled by the local police.

So right now nothing is happening. We should thank the local and state governments for doing their jobs so well, and move on.
 
Walt said:
That was more than two weeks ago, well before the National Guard troops arrived. It was handled by the local police.

So right now nothing is happening. We should thank the local and state governments for doing their jobs so well, and move on.
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Wrong, Never Right Walter.

Do better.

L.A. Police Chief Admits Officers ‘Overwhelmed’ as Thousands of Rioters Block Freeway, Torch Cars​


Nothing to see here, folks…Biden is sharp as a tack…too funny.

L.A. Police Chief Admits Officers 'Overwhelmed' as ...​

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National Review
https://www.nationalreview.com › news › trump-deploy...




Jun 9, 2025 — Thousands of anti-ICE rioters descended on a major freeway in Los AngelesSunday evening, blocking traffic in both directions, while rioters ...
 
Earl said:
L.A. Police Chief Admits Officers ‘Overwhelmed’ as Thousands of Rioters Block Freeway, Torch Cars
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They were overwhelmed, for about an hour, two and a half weeks ago, in a tiny area. Now things are peaceful.
 
Walt said:
They were overwhelmed, for about an hour, two and a half weeks ago, in a tiny area. Now things are peaceful.
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They were overwhelmed, Never Right Walter.

How long is it permissible for the police to be overwhelmed?

You are now down with Loony Moony and Pobre.

Now things are peaceful, thanks to our great president, President Trump.
 
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Thank the Grand Architect that the Appeals Court allowed President Trump to keep control over the Ca. National Guard.

Newscum let it burn with the fires and now with the riots.
 
Earl said:
They were overwhelmed
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And now they are not. The semi-federalized National Guard troops have absolutely nothing to do.

Earl said:
How long is it permissible for the police to be overwhelmed?
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For as short of a time as possible, which is why it was so good that local and state authorities solved the problem. trump can do nothing about it after the fact.
 
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