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

[volsrocks]

They detained a man for walking, what was the probable cause? The color of his skin? What crime had he committed?

He crossed a yellow tape boundary at the Veterans Affairs office ""YELLOW TAPE MEANS DO NOT CROSS FOR YOUR INFO""

The Marines were deployed to protect federal property so they detained him

 

[Sammy Jankis]

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.

yes.

they should just shoot them to stay constitutional.

 

[Callinectes]

The person that pulls someone over for speeding is an officer of the law. They are performing law enforcement duties that federal troops are not permitted to do under the Posse Comitatus Act.

Yes, exactly. A cook in the NG can't pull you over for speeding, but after he gets federalized(in this particular instance at least), if you attack an ICE officer he can probably shoot you under the same federal use of force continuum in use by virtually every law enforcement agency in America, local, state or federal. In other words, he's probably carrying a taser and some spicy spray.

After you ride the lightning or have your eyes scorched out by pepper spray(that's what it feels like), he's going to put you in flex cuffs and fix you a nice turkey a la king MRE and some Kool-Aid. Then he's going to DETAIN you until some LAPD cop or FBI agent comes along and ARRESTS you(for a FELONY, BTW)

 

[Nordberg]

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.

Their presence is a police act. Police and the military are intimidating to civilians.

 

[Phantasmal]

He crossed a yellow tape boundary at the Veterans Affairs office ""YELLOW TAPE MEANS DO NOT CROSS FOR YOUR INFO""

The Marines were deployed to protect federal property so they detained him

He had a valid reason to be there. They could have asked him his business before detaining him. He had every right to be there.

 

[Phantasmal]

He crossed a yellow tape boundary at the Veterans Affairs office ""YELLOW TAPE MEANS DO NOT CROSS FOR YOUR INFO""

The Marines were deployed to protect federal property so they detained him

Also, I saw no yellow tape in the video I watched.

 

[Into the Night]

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.

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

Seems obvious it is a violation.

No violation, Hugo.

Why do you support rioters, arson, looting, belligerency against lawful authority, and illegal aliens, Hugo?

 

[Into the Night]

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.

The Constitution allows them to be used as cops, Damo. See Article I and the Posse Act.

 

[Into the Night]

I lost what? I brought no case to the courts.

Word games won't work, Hugo.

 

[Into the Night]

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.

It does not. See Article I of the Constitution of the United States and the PCA itself.

Federal troops CAN be used to quell rioting and insurrection, and even arrest people.

 

[Into the Night]

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.

Blatant lie.

The police handled it. We should thank the local and state governments.

Blatant lie.

So why is trump federalizing the National Guard,

The National Guard is a federal militia. There is nothing to 'federalize', Wally.

something only to be done in emergencies?

The National Guard is a fefderal militia, Wally. It always was.

And why did he lie to the National Guard and say he had signed the orders to federalize the National Guard?

The National Guard is ALREADY a federal militia, Wally. It always was.

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

Blatant lie.

But even a safe city has accidents.

Rioting, arson, and looting are not 'accidents', Wally. Your word games don't work.

 

[Into the Night]

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.

Good. They are doing their job. The judge has no say here.
The National Guard has the power to arrest people. See Article I of the Constitution you despise and the PCA.

 

[Into the Night]

AI Overview

View attachment 52792
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.

Word salads won't work. Don't fall for it.

To 'arrest' means to bring to a stop. Detaining someone is arresting them. Bringing a car to a stop at a stop sign is arresting its motion. To take into custody and imprison someone is also an arrest.

The National Guard has the authority to arrest someone and take them into custody while they await trial. This authority is provided by Article I of the Constitution of the United States AND the PCA. This is part of their authority to a) suppress insurrection, b) stabilize an area that is rioting and looting and committing arson, and c) to enforce the laws of the United States, including immigration law. In other words, they have ALL the authority they need to assist ICE and to stabilize the streets of L.A. or any other area that is suffering riots, looting, and arson.

That INCLUDES arresting and taking into custody those breaking the law.

 

[Into the Night]

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

Blatant lie.

So right now nothing is happening.

Blatant lie.

We should thank the local and state governments for doing their jobs so well, and move on.

They weren't, Wally. Blatant lie.

 

[Into the Night]

They were overwhelmed, for about an hour, two and a half weeks ago, in a tiny area. Now things are peaceful.

Blatant lie.

 

[Into the Night]

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.

Things are NOT peaceful, but it's improving.

 

[Into the Night]

Maybe thats why there were no riots ...because of the Nat Guard...u stupid commie fucking proven liar!

Rioting still continues, though the effect of the National Guard presence has reduced it.

 

[Poor Richard Saunders]

Good. They are doing their job. The judge has no say here.
The National Guard has the power to arrest people. See Article I of the Constitution you despise and the PCA.

The National Guard is the legislature? Is my Constitution missing the part where the national guard is the third house of Congress?

 

[Into the Night]

He had a valid reason to be there. They could have asked him his business before detaining him. He had every right to be there.

They detained him to ask him his business for being there.

 

[Into the Night]

Also, I saw no yellow tape in the video I watched.

Argument of ignorance fallacy. That won't work, Phanty.