Ruling on National Guard in L.A. Won’t Protect Us From a ‘national police Force’
A recent court case concerning the deployment of the National Guard to MacArthur Park in Los Angeles has illuminated a concerning trend: the potential erosion of the legal boundaries separating the military from domestic law enforcement. While a judge ruled against a full-scale military presence in the park, the testimony revealed a disturbing willingness to interpret the Posse Comitatus Act – the law prohibiting the use of the U.S.military for civilian law enforcement – with expansive presidential discretion, raising fears of a future “national police force.”
The case centered on a raid conducted by federal agents, backed by National Guard troops stationed on the perimeter, approximately three weeks after Father’s Day. Testimony revealed that then-Secretary of Defense Mark Sherman was informed of “exceptions” to the Posse comitatus Act, and that the president held the authority to define those exceptions.during questioning by Judge Charles Breyer, Sherman confirmed receiving legal advice supporting this interpretation. “So your understanding is that while [some actions] are on the list of prohibited functions,you can do them under some circumstances?” Breyer asked. Sherman responded, “That’s the legal advice I received.” When pressed on presidential authority, sherman affirmed, “The president has the authority.”
This assertion prompted Judge Breyer to question the limits of presidential power, asking, “If the president’s powers to both command troops and interpret law are so boundless, ‘What’s to prevent a national police force?'”
The situation is further complicated by significant personnel changes within the Department of Defense under current Secretary of Defense Pete Hegseth. Hegseth has overseen the removal of numerous high-ranking military officials, including the Chairman of the Joint Chiefs of Staff, described as a black soldier who championed diversity, and the heads of the Pentagon’s intelligence agency, the National Security agency, the Chief of Naval Operations, and senior military legal staff across the Army, Navy, and Air Force. In August, Hegseth fired the head of the U.S. Defense Intelligence Agency after the general provided an assessment of bombing damage to Iranian nuclear sites that reportedly angered former President trump, according to reporting from Military.com.
Beyond personnel shifts,the military’s involvement in civilian affairs is expanding. The Associated Press reported that hegseth ordered 600 military lawyers to serve as temporary immigration judges. This deployment raises concerns about potential violations of the Posse Comitatus act and the impartiality of proceedings, given the lawyers’ military structure and obligation to follow orders.As one expert noted, this “looks like martial law when you have militarized… judicial proceedings,” questioning the ability of military lawyers to make “unbiased decisions.”
While Sherman’s actions prevented a full military deployment to MacArthur Park, the case underscores the fragility of the safeguards protecting against the militarization of domestic law enforcement. The future,it seems,rests with individuals upholding their oaths to the country,rather than to any single leader.