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Can Pete Hegseth deploy Marines amid LA riots? The Posse Comitatus Act explained
Social media is abuzz with discussions about the Posse Comitatus Act after Pete Hegseth said that Marines are on high alert amid the Los Angeles anti-ICE riots.
Social media is abuzz with discussions about the Posse Comitatus Act after Pete Hegseth said that Marines are on high alert amid the Los Angeles anti-ICE riots. “The violent mob assaults on ICE and Federal Law Enforcement are designed to prevent the removal of Criminal Illegal Aliens from our soil; a dangerous invasion facilitated by criminal cartels (aka Foreign Terrorist Organizations) and a huge NATIONAL SECURITY RISK,” the US Secretary of Defense wrote on X.
He added, “Under President Trump, violence & destruction against federal agents & federal facilities will NOT be tolerated. It’s COMMON SENSE. The @DeptofDefense is mobilizing the National Guard IMMEDIATELY to support federal law enforcement in Los Angeles. And, if violence continues, active duty Marines at Camp Pendleton will also be mobilized — they are on high alert.”
Protests over federal immigration raids have taken over Los Angeles. Agents wearing riot gear were seen using flash-banging grenades in an attempt to clear crowds. The federal government is now reportedly mobilizing the National Guard after accusing the LAPD of taking two hours to respond on Friday, June 6.
After Hegseth’s post surfaced, social media users pointed out that his move is a “potential violation of the Posse Comitatus Act.” Take a look:
What is the Posse Comitatus Act?
The Posse Comitatus Act is a United States federal law that former president Rutherford B. Hayes signed on June 18, 1878. The law limits the federal government’s powers in using federal military personnel to enforce domestic policies within the US. The Act was passed by Congress as an amendment to an army appropriation bill after the end of Reconstruction, and then updated in 1956, 1981 and 2021.
According to Congress.gov, “The Posse Comitatus Act states that "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both."”
The website added, “Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. However, a number of statutes, including the Insurrection Act, permit the military directly to execute federal law or provide assistance to states in the throes of insurrection where state officials are unable to execute the law.”
The Act’s title was derived from the legal concept of posse comitatus, which is the authority under which a county sheriff, or some other law officer, is allowed to conscript able-bodied people to assist in keeping the peace.
