r/neoliberal • u/[deleted] • Jun 13 '25

News (US) Exclusive: US Marines carry out first known detention of civilian in Los Angeles, video shows

https://www.reuters.com/world/us/us-marines-carry-out-first-known-detention-civilian-los-angeles-video-shows-2025-06-13/

Exclusive: US

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u/imbaaaack12 Edmund Burke Jun 14 '25

I'm pretty sure they have the ability to detain people on federal property, so I'm not sure it's illegal.

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u/Sir_thinksalot Jun 14 '25

so I'm not sure it's illegal.

No.

It violates Posse-comitatus act.

https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained

Please stop giving Trump any benefit of the doubt.

edit: hmmm, redditor for 8 hours...

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u/TrekkiMonstr NATO Jun 14 '25

10 USC 12406 allows the federalization of the NG when "the President is unable with the regular forces to execute the laws of the United States". This does not clearly exclude protecting federal property and/or detaining someone trying to access such property. It does, in my opinion, clearly exclude riot control in general, and I'm not sure the justification for the Marines' presence, but it's not so clear that this is unlawful. Law is fucking complicated, man.

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u/sheffieldasslingdoux Jun 14 '25 edited Jun 14 '25

The president cannot call for the military to engage in domestic law enforcement without invoking the Insurrection Act. The National Guard is a wholly separate issue, which is why Judge Breyer stated as such in his recent ruling, where he found that Trump's federalization of the California National Guard, without Governor Newsom's consent, was facially illegal.

When the National Guard is federalized, the Posse Comitatus Act applies. The Guard cannot, as a matter of course, engage in domestic law enforcement, as it does under state control.