Slate Daily Feed Amicus | Is The National Guard Coming To Your City?
Aug 30, 2025
Elizabeth “Liza” Goitein, a senior director at the Brennan Center, sheds light on the controversial deployment of the National Guard in Washington D.C. and its legal implications. They discuss how this action straddles the line between national security and civil liberties. Goitein highlights the risks associated with military involvement in local policing and examines historical precedents regarding presidential authority. The conversation underscores urgent calls for reform to safeguard democracy from executive overreach.
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Military Policing Threatens Democratic Freedom
- Using the military for domestic policing threatens democracy by chilling dissent and enabling oppression.
- The Posse Comitatus Act created a strong norm against that abuse, now being eroded.
When Troops Cross Into Policing
- Courts treat military actions that pervade civilian operations or compel civilians as law enforcement.
- Face-to-face compulsory interactions with soldiers are the clearest trigger for Posse Comitatus concerns.
Big Loopholes Around The National Guard
- The Posse Comitatus Act mostly applies to federal forces, creating major loopholes for the National Guard.
- D.C.'s Guard and Title 32 hybrid status let presidents exploit those gaps in practice.