Really interested in legal analysis on how this interacts with posse comitatus, because deputized or not, they're still soldiers and so - as I understand it - barred by statute from doing law enforcement? Is there some DC-specific exception to posse comitatus that I don't know of?
Yes. The exception is "What are you going to do about?"
See page 571. This is a neat AF book for practical guidance on military law used by AF JAGs. All these folks are in Title 32. The law enforcement work is an “incidental benefit” to training to do this sort of action abroad as part of a military mission. :/ www.afjag.af.mil/Portals/77/d...
The Army JAG School Center for Law and Military Operations (CLAMO) has a similar work. tjaglcs.army.mil/LinkClick.as...
DC guard is not technically in federal status, they are effectively in title 32, but I don't think that has ever been tested in court
I think even the out of state guards can be in title 32
www.justsecurity.org/119227/trump...
I believe this one would be the "...to men with swords" exception.
And see second item in thread: bsky.app/profile/stev...
With a stated "malpractice alert," @davidfrenchjag.bsky.social thinks that this is more legally defensible *in DC* than it would be anywhere else in the country. We *may* be looking at a "legal but stupid" situation here.
Epstein & Shame POTUS, Speaker & minions for their crimes against U.S. Constitution & Bill of Rights. Shame on POTUS & his GOP minions in the Senate and House who did not hold POTUS & accomplices accountable for crimes before, during & after Jan 6, 2021. youtu.be/DXnHIJkZZAs #ProtectTheConstitution🇺🇸
Fine for people who want to, but I really am not gonna spend another minute listening to legal analysis. Not much point glancing at the rulebook when the referee is actively shooting at your team's players.
Wat.
The law is whatever Republican judges decide it is.
You only pay attention to SCOTUS decisions that don’t go in favor of the party you think should win. Copy. ✌🏼
my understanding is that it's kind of a loophole since DC isn't a state, and falls under federal jurisdiction.
They do this every 4 years for Guard personnel in Title 32 status supporting inaugurations. Not defending this mobilization, but this piece of it is not without precedent.
In a rule-of-law system, that would make any arrests easy to throw out, I would think. Too bad we don't seem to live in that world.
I'm sure someone with more knowledge than I will respond, but I believe the Act specifically doesn't apply to National Guard forces - although that is when under direction from State authority, and I am not sure how that applies to either the current deployment or the unique status of DC.
Since Trump isn't federalizing the NG (I believe?) but asking for state NG to be "donated" I guess it falls under the umbrella of Active Duty Military. Although the Insurrection Act then moots all of this anyways.
