Well, there's no way we don't watch that scene from The West Wing. I'll let the inimitable CJCS Admiral Percy Fitzwallace briefly explain the concept: https://www.youtube.com/watch?v=841qG6VM0UI&t=79s
throw0101c · 44m ago
Perhaps also worth noting Adama's observation from Battlestar Galactica on police and military:
I can definitely see SCOTUS ruling that the act is a violation of separation of powers.
garbagecoder · 4h ago
I was a CAARNG JAG. You might want a newer article. Recent amendments to posse comitatus are relevant.
QuantumGood · 1h ago
I can find no relevant recent updates not covered by this late 2021 article.
It includes the 2021 update which expanded the PCA’s coverage to include the Navy, Marine Corps, and Space Force, in addition to the Army and Air Force, and the Modernization of Military Guidance in 2019 when The Department of Defense updated its internal guidance on the PCA, reflecting evolving interpretations and regulatory practices.
Not yet enacted into law: Strengthening the Posse Comitatus Act of 2020 (H.R. 7297) was introduced in the House in June 2020 to further expand the PCA’s applicability to all branches of the Armed Forces and prohibit the use of evidence obtained in violation of the Act.
Surely that's not what the JAG is referring to since the article covered it
"While the Posse Comitatus Act refers only to the Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard, though part of the federal armed forces, has express statutory authority to perform law enforcement and is not bound by the Posse Comitatus Act."
vkou · 3h ago
For persons unaware of the broader context - today, Trump has ordered the deployment of the military against American civilians.
Which in addition to being morally indefensible is also illegal under this law. Half the country is applauding it.
He is also calling for the arrest of Governor Newsom.
(It should be noted that none of this is, of course, remotely as concerning as the tax deductable status of SWE salaries.)
Teever · 2h ago
Listen Mister, we have a strict 'no politics' rule here.
Feel free to talk about Bay Area zoning issues and drug policies, or Brexit and the EU, or copyright law and AI, or Boeing and the FAA, or Edward Snowden and the NSA, BUT NO POLITICS!
You are going to get downvoted, probably for the sarcasm, not the content.
queenkjuul · 1h ago
I'm doing my part!
WorkerBee28474 · 2h ago
> Are all members of the military covered by the Posse Comitatus Act? No, only... Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard... has express statutory authority to perform law enforcement
So this act is not relevant to today's news
try_the_bass · 2h ago
Meanwhile, the very next paragraph:
> However, when Guard personnel are called into federal service, or “federalized,” they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control.
ty6853 · 2h ago
I don't understand. Was the coast guard deployed? When national guard is nationalized (as is the case here when the state is bypassed), they become part of the army or air force.
If Newsom had deployed them instead of Trump, then your statement would be accurate.
singleshot_ · 2h ago
The national guard was deployed yesterday. Today, the Marines.
queenkjuul · 1h ago
Marines are "activated" as in prepared for deployment but so far the story is Trump deploying CA Guard without gubernatorial approval, against which Newsom filed a lawsuit just today.
Still relevant to today's news
crazydoggers · 2h ago
Where are you seeing the marines where deployed? I am reading they were put on alert status, which is not the same.
I would imagine this is being done as a signal to the state of California not to incite insurrection or the Insurrection Act could be invoked.
I’m not making a judgment about the morality or correctness of the current federalization of the national guard, but we need to make sure we are not spreading misinformation at such a time and sticking to facts.
Edit:
I did just find this, so it seems they are being integrated somehow. So then yes, not clear how this would be legal:
California isn’t “inciting” anything - this is a few people in a couple of parts of the city and so far it seems like a protest with some violence on the order of a bad Raiders game, nothing remotely like the 1992 riots much less an actual insurrection.
* https://www.youtube.com/watch?v=EwrSlzZC31w
It includes the 2021 update which expanded the PCA’s coverage to include the Navy, Marine Corps, and Space Force, in addition to the Army and Air Force, and the Modernization of Military Guidance in 2019 when The Department of Defense updated its internal guidance on the PCA, reflecting evolving interpretations and regulatory practices.
Not yet enacted into law: Strengthening the Posse Comitatus Act of 2020 (H.R. 7297) was introduced in the House in June 2020 to further expand the PCA’s applicability to all branches of the Armed Forces and prohibit the use of evidence obtained in violation of the Act.
"While the Posse Comitatus Act refers only to the Army and Air Force, a different statute extends the same rule to the Navy and Marine Corps. The Coast Guard, though part of the federal armed forces, has express statutory authority to perform law enforcement and is not bound by the Posse Comitatus Act."
Which in addition to being morally indefensible is also illegal under this law. Half the country is applauding it.
He is also calling for the arrest of Governor Newsom.
(It should be noted that none of this is, of course, remotely as concerning as the tax deductable status of SWE salaries.)
Feel free to talk about Bay Area zoning issues and drug policies, or Brexit and the EU, or copyright law and AI, or Boeing and the FAA, or Edward Snowden and the NSA, BUT NO POLITICS!
This is NOT a "strict 'no politics' rule" .
So this act is not relevant to today's news
> However, when Guard personnel are called into federal service, or “federalized,” they become part of the federal armed forces, which means they are bound by the Posse Comitatus Act until they are returned to state control.
If Newsom had deployed them instead of Trump, then your statement would be accurate.
Still relevant to today's news
I would imagine this is being done as a signal to the state of California not to incite insurrection or the Insurrection Act could be invoked.
I’m not making a judgment about the morality or correctness of the current federalization of the national guard, but we need to make sure we are not spreading misinformation at such a time and sticking to facts.
Edit:
I did just find this, so it seems they are being integrated somehow. So then yes, not clear how this would be legal:
https://www.northcom.mil/Newsroom/Press-Releases/Article/421...
California isn’t “inciting” anything - this is a few people in a couple of parts of the city and so far it seems like a protest with some violence on the order of a bad Raiders game, nothing remotely like the 1992 riots much less an actual insurrection.