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Litigation & Arbitration,
Government,
Constitutional Law

Aug. 12, 2025

Posse Comitatus Act faces first trial over Trump's National Guard deployment

California Deputy Attorney General Jane E. Reilley argued the move amounted to unlawful military involvement in civilian law enforcement, citing Guard participation in ICE raids and public blockades. Defense Secretary Pete Hegseth, acting on Trump's orders, defended the operations as necessary to protect federal agents.

On the same day that President Donald Trump announced he was deploying National Guard troops to Washington, D.C., California Deputy Attorney General Jane E. Reilley cited statements made by Defense Secretary Pete Hegseth to support her argument that the military violated the Posse Comitatus Act of 1878 in Los Angeles.

The historic bench trial, which started Monday in San Francisco, marks the first time a court will decide whether the Posse Comitatus Act -- which bars the use of mi...

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