Former national security leaders filed an amicus brief in Newsom v. Trump, expressing concerns that the deployment of federalized National Guard and active-duty Marines in and around Los Angeles risks violating the Posse Comitatus Act and politicizing the military.
San Francisco, CA — Eight former service secretaries and general and flag officers—including members of Count Every Hero—filed an amicus brief in Newsom v. Trump in the United States District Court for the Northern District of California. The brief highlights the risks posed by the deployment of federal military personnel in California as the Court assesses whether the activities of the troops deployed in California violated the Posse Comitatus Act.
In the brief, the national security leaders emphasized that the United States has a tradition and expectation that the military will not engage in domestic law enforcement, noting its foundational importance to American civil-military relations. The Posse Comitatus Act of 1878 codified this tradition and only permits the U.S. military to engage in domestic law enforcement activities when expressly authorized by an Act of Congress. The former U.S. Army and Navy secretaries and retired four-star admirals and generals emphasized that “federalized National Guard troops under the president’s command and control [like those in California] are legally equivalent to active-duty military forces and therefore are subject to the Posse Comitatus Act” and the fact that President Trump had not invoked the Insurrection Act or other comparable statutory authority to permit the troops deployed in California to perform civilian law enforcement functions.
The brief noted that even though the commanding officer of the National Guard deployment stated that “these soldiers do not conduct law enforcement operations like arrests or search and seizure,” “the distinction between force protection and law enforcement operations is not always clear” with troops deployed to Los Angeles accompanying U.S. Immigration and Customs Enforcement officials on immigration raids throughout California, Marines apprehending and detaining a civilian, and National Guard troops protecting federal agents enforcing immigration laws in the Coachella Valley.
The leaders argued that the deployments in and around Los Angeles divert the National Guard and the Marines from their primary missions, which are critical to protecting national security and do not typically involve domestic law enforcement. In the brief, the national security leaders called attention to the fact that “reporting has indicated that the deployment of active-duty Marines to California pulled resources from the USMC’s operational accounts as it juggles global instability.” The brief also highlighted California’s reliance on the National Guard’s rapid response capabilities, particularly during wildfire season, and the degradation of the state’s emergency preparedness when missions such as the federal immigration operations in Los Angeles divert the California Guard personnel from their core mission.
Read the full brief here.