The Lawfare Podcast Lawfare Daily: U.S. Troops on the Streets of Los Angeles
Jun 13, 2025
Legal experts Laura Dickinson, Chris Mirasola, and William Banks dive into the controversial deployment of U.S. troops in Los Angeles. They discuss the legal frameworks like the Posse Comitatus Act that govern military involvement in civilian law enforcement, and the implications for federal authority versus state sovereignty. The conversation raises concerns about excessive force and public trust, while also considering the historical context of military engagement in domestic crises. It's a critical look at the evolving intersection of military power and civil rights.
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Military's Limited Domestic Role
- The US military's domestic law enforcement role is generally limited and mostly supportive, especially without invoking the Insurrection Act.
- The Posse Comitatus Act criminalizes direct law enforcement by the military except in extraordinary cases with statutory exceptions.
Legal Conditions for National Guard Use
- The president can federalize the National Guard only under limited conditions: invasion, rebellion, or aiding law enforcement when insufficient.
- There's controversy over whether these conditions justify deploying troops in Los Angeles without the governor's consent.
Protective Power's Legal Ambiguity
- The protective power is a vague constitutional claim allowing the president to use the military to protect federal functions.
- This power pushes legal boundaries and lacks robust modern judicial validation, especially under Posse Comitatus constraints.