The recent use of the National Guard, and active-duty Marines in Los Angeles, and Federal Park Police in Washington, D.C., raises the question of when, where and how federal agencies and the military can be used for general law enforcement activities outside their normal assigned responsibilities.  While the Pentagon ended the deployment of 2,000 National Guard troops in Los Angeles on July 15, 2025, 300 national guard soldiers are still deployed. These troops were initially sent to deal with protests over the Trump administration’s immigration crackdown.  Neither Governor Newsom nor Mayor Bass requested the use of the guard in dealing with localized protests and looting.  The 700-person Marine unit has been recalled. Then, on August 12, 2025, approximately 800 National Guard troops and National Park Police were deployed to Washington, D.C, under President Donald Trump’s orders to combat crime and homelessness. This deployment included members of the Guard’s 273rd Military Police Company. In addition, three states are sending additional guard troops to support the District Guard.

As a career law enforcement officer, trainer, educator, and administrator, I was shocked to see the events in Los Angeles and Washington unfold using federal officers and military personnel.  Most law enforcement personnel are familiar with the Posse Comitatus Act of 1878 (18 U.S.C. § 1385).  This act prohibits the use of the military to enforce domestic laws unless expressly authorized by the Constitution or Congress. It was passed after the Civil War Reconstruction to prevent federal troops from policing civilian populations in the South.  The term posse comitatus comes from Latin, meaning “power of the county.” Historically, it referred to a sheriff’s ability to summon civilians to help enforce the law.  The Act specifically prohibits direct law enforcement by military personnel (e.g., arrests, searches, seizures).  The use of the military as a domestic police force without legal authorization is not allowed.

The Trump administration has justified its actions citing the Insurrection Act of 1807.  The Act provides notable statutory exceptions to the Posse Comitatus Act.  The Insurrection Act allows the president to deploy troops to suppress insurrections or enforce federal laws when requested by a state governor or when rebellion makes enforcement of laws impossible.  In general, an insurrection refers to an act or instance of revolting against civil authority or an established government. It involves a group of people rising in active resistance to the enforcement of laws or the functioning of the government.

Historically, the Supreme Court has intervened interpreting the Posse Comitatus Act.  In the United States v. Red Feather (1975) the Court upheld the concept that indirect support (e.g., equipment) does not violate the Act.  However, in United States v. McArthur (1982) the Court found that military involvement in a drug investigation crossed the line into unlawful enforcement.

It is important to note that The National Guard is not regarded as a federal agency and is under individual state authority.Governors can use their National Guard units for law enforcement support within their state or, if invited, in neighboring states.

It is equally important to note that the Supreme Court has said that the military can be used inIndirect support of law enforcement activities—like sharing intelligence, training, or loaning equipment. But direct involvement in arrests or investigations is not allowed.

The Insurrection Act has been used eight times since its passage.  President Abraham Lincoln activated state militias to fight the secessionist states of the Confederacy (1861-1865). President Dwight D. Eisenhower deployed federal troops to Little Rock, Arkansas, to enforce the desegregation of public schools (1957). President Lyndon B. Johnson deployed federal troops to protect civil rights marchers in Alabama during the desegregation of southern schools (1957). President Jimmy Carter deployed federal troops to manage the influx of Cuban refugees in Florida (1980). President George H. W. Bush deployed federal troops to restore order during the Los Angeles Riots following the Rodney King verdict (1992).  President George W. Bush deployed federal troops to assist with disaster relief efforts in the aftermath of Hurricane Katrina (2005).  (History of U.S. Troop Deployments 1950-2023, Hoover Institution) President Donald Trump deployed troops as noted in the introductory paragraph (2025).

As noted earlier, the National Guard is currently active in Washington, D.C., with approximately 800 troops deployed to support law enforcement and community safety efforts.  The D.C. National Guard has a unique status, as it is the only National Guard unit that reports directly to the President of the United States. This structure allows for rapid deployment in response to emergencies or national security needs. The question is “Is there an emergency?”.  The President claims he needs to remove homeless people and stop the crime epidemic.  There is no crime epidemic.  There are many cities in America that have higher crime rates than in the District.  According to his own FBI National Crime Report, overall crime is down, not only in the District, but nationwide. 

What transpired in Los Angeles was challenged as illegal.  Only Governor Newsom has the authority to call out the Guard.  The Insurrection Act allows the President to use the military when there is an insurrection or to enforce federal laws when requested by the state governor.  There was no insurrection where the enforcement of law was impossible and there was NO request from Governor Newsom for assistance from the California National Guard. 

As a result of the federal government’s action, Governor Newsom filed a lawsuit against the federal government.  The request by Newsom for an injunction was initially granted but eventually overturned by the Appellate Court.  The Department of Justice argued that the Posse Comitatus Act does not apply, there was no precedent for such a lawsuit, there was no injunctive relief or money damages, and that Newsom and the State had suffered no harm.  That case was adjudicated on August 13, 2025 and is still being reviewed by U. S. District Judge Charles Breyer. 

While the call out of the National Guard in D.C. is within the President’s authority, that authority is to only respond to emergencies and national security threats.  As of this writing, numerous groups are questioning Trump’s justification.  There is NO emergency!  Crime is down in the District as well as the nation, as reported by Trump’s own Justice Department.  Lawsuits will likely be filed.  However, Trump has historically shown a tendency to use the courts to his advantage.   Court actions generally move slowly, allowing Trump to continue his activities unless an injunction is approved. 

Of greater concern is President’s Trump’s comments about using the Guard in other cities.  Right now, there is NO national emergency, no major uptick in crime, and no rebellion.  The founding fathers did not want a national police force.  The significant laws are the Insurrection Act of 1807, and the Posse Comitatus Act of 1878.  The Trump administration is pushing the limits when they claim that the guard can be used beyond a logistics mission.  While pending lawsuits will likely make this clear, as noted above, it has been Donald Trump’s strategy to use the courts to gain time. 

It is time for concerned citizens to get involved by calling, texting, emailing or writing representatives and senators.  Push Congress to act.  It is time to “call out” the illegal behavior of the Trump administration before it is too late.  Continued peaceful protests with widespread media coverage can be helpful, if the media finally engages.  Trusted media sources must speak up along with our concerned citizens.