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Trump's Los Angeles Response Violates Federal Law

Trump's Los Angeles Response Violates Federal Law

Newsweek10-06-2025

Advocates for ideas and draws conclusions based on the interpretation of facts and data.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
The unfolding crisis in Los Angeles represents more than civil unrest over immigration enforcement—it has become a stress test of American constitutional limits that the Trump administration is catastrophically failing. What began as protests against ICE raids has escalated into a brazen display of presidential lawlessness, complete with illegal military deployments, and threats to arrest political opponents. The implications extend far beyond California, revealing dangerous cracks in our system's ability to constrain executive overreach.
The most egregious violation is President Donald Trump's order to deploy hundreds of Marines to Los Angeles. This action directly contravenes the Posse Comitatus Act, an 1878 law that prohibits using federal military forces for domestic law enforcement. The statute exists for good reason—to prevent the militarization of civilian governance that characterized Reconstruction-era abuses.
National Guardsmen overlook protesters outside of the Edward Roybal Federal Building on June 9, 2025, in Downtown Los Angeles, Calif.
National Guardsmen overlook protesters outside of the Edward Roybal Federal Building on June 9, 2025, in Downtown Los Angeles, Calif.Crucially, as of this writing and prior to issuing these orders, Trump has not invoked the Insurrection Act, the primary legal mechanism that would exempt military forces from Posse Comitatus restrictions. When pressed about invoking the Act, Trump himself acknowledged the threshold hasn't been met, saying "It depends on whether or not there's an insurrection." Moreover, he explicitly claimed that things in LA were "well under control" and ''headed in the right direction." Yet he has since deployed Marines there anyway. This isn't creative legal interpretation—it's blatant law breaking by the president.
The administration appears to be attempting a constitutional end-run, claiming emergency authority while avoiding the formal legal processes that would actually justify such deployments. The Insurrection Act exists precisely to balance presidential emergency powers with legal constraints. Trump's refusal to invoke it while deploying Marines suggests he knows the legal standards aren't met but is proceeding illegally nonetheless.
The legal foundation becomes even shakier with Trump's prior decision to federalize thousands of California National Guard troops without Governor Gavin Newsom's consent. Trump cited 10 U.S.C. § 12406 as the legal authority to justify this, claiming the protests "constitute a form of rebellion." However, this statute requires that orders "shall be issued through the governors of the States"—language that mandates state cooperation, which he does not have, making California's lawsuit challenging this act highly likely to succeed.
Even if Trump were to prevail on the federalization of the National Guard issue, without invoking the Insurrection Act, the troops still cannot perform general law enforcement functions. This constrains their role significantly—assuming the administration intends to follow the law at all.
Perhaps most disturbing is Trump's support for arresting Governor Newsom. This threat, echoed by border czar Tom Homan, lacks any credible legal foundation. Newsom's actions—filing lawsuits, making public statements, and formally requesting troop withdrawal—constitute protected political speech and the legitimate exercise of state sovereignty. The very suggestion of arresting the governor and mayor represents a dangerous authoritarian impulse to criminalize political opposition.
The situation exposes a critical vulnerability in our constitutional system. The Supreme Court's decision in Trump v. United States provides broad presidential immunity for official acts, so Trump's role as commander in chief shields him from prosecution for military deployment decisions, even illegal ones. This creates a perverse situation where even clear statutory violations such as this by the president are normal criminal enforcement.
Meanwhile, as California officials sue to halt the illegal deployment of troops in their state, civil litigation is sure to move slowly while these constitutional violations proceed rapidly in real time. Congressional oversight remains the primary check, but with Republicans controlling both chambers and illustrating a slavish devotion to Trump, impeachment is politically unrealistic regardless of legal merit.
This crisis transcends partisan politics. The precedent being set is that presidents can deploy military forces domestically without proper legal authority, then threaten to arrest state officials who object. This fundamentally threatens both federalism and the rule of law. Today it's California and immigration; tomorrow it could be any state and any federal priority.
The Trump administration's escalating pattern of behavior—from highly questionable National Guard federalization to clear Posse Comitatus violations to threatening political arrests—reveals a presidency increasingly untethered from legal constraints. This isn't governing; it's the systematic breakdown of constitutional order. Whether our institutions can withstand this assault may determine whether American democracy emerges from this crisis intact.
Nicholas Creel is an associate professor of business law at Georgia College & State University.
The views expressed in this article are the writer's own.

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Strike US assets, disrupt global trade, race for a bomb: How will Iran respond to Trump's attacks?
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Knowing it may not be able to sustain a full-on confrontation with the US, and hoping that Trump will scale back on his involvement following Sunday's strike, Iran may merely seek to perpetuate the status quo, fighting only Israel. Trump may follow the same playbook as in the 2020 attack that killed Iranian commander Qasem Soleimani, Shabani told CNN's Becky Anderson. Trump at the time wanted to 'send a big message, get the headlines, show US resolve, but then avoid a wider war,' Shabani said. While Iran may feel it has to retaliate to save face, it may be a bloodless response, similar to what happened in 2020, when it launched a barrage of missiles at US bases in Iraq, which resulted in traumatic brain injuries to personnel but no deaths. Two military analysts have said Iran could resort to 'asymmetric' measures – such as terrorism or cyberattacks – to retaliate against the US because Israeli attacks have reduced Iran's military capabilities. 'I think the IRGC (Islamic Revolutionary Guard Corps) is probably trying to figure out what capabilities it has left' as its missile stockpile dwindles, said CNN national security analyst David Sanger. 'I think (the IRGC is) going to be a little bit careful, and I suspect that's going to take us to all of the asymmetric things they can do: cyber, terrorism. I think that they're probably going to be looking for things where the US cannot just put up the traditional defenses,' he added. Similarly, retired Maj. Gen. James 'Spider' Marks, head of geopolitical strategy at Academy Securities, an investment bank, told CNN that Israel 'did a pretty good job of damaging Iran's capacity to launch its rather robust missile inventory.' But, 'albeit wounded,' the IRGC still has 'some tremendous capacity,' he said. 'It has capabilities that are already within the region and then outside the region. We are vulnerable… around the world, where the IRGC has either influence or can make things happen asymmetrically.' Iran has refused to return to the negotiating table while under Israeli attacks. On Sunday, Araghchi said he does not know how 'much room is left for diplomacy' after the US military strikes on Iranian nuclear facilities. 'They crossed a very big red line by attacking nuclear facilities. … We have to respond based on our legitimate right for self-defense,' Araghchi said. Parsi said that by doing so, 'the Iranians have cornered themselves.' 'Their aim is to force Trump to stop Netanyahu's war, and by that show his ability and willingness to use American leverage against Netanyahu,' Parsi wrote. 'But the flip side is that Tehran has given Israel a veto on US-Iran diplomacy – by simply continuing the war, Israel is enabled to block talks between the US and Iran.' Iranian and European officials met Friday in Geneva for talks, which an Iranian source said started out tense but became 'much more positive.' Speaking Sunday, Araghchi said the US had decided to 'blow up' diplomacy. 'Last week, we were in negotiations with the US when Israel decided to blow up that diplomacy. This week, we held talks with the E3 (group of European ministers)/EU when the US decided to blow up that diplomacy,' Araghchi said on X. Vaez, of the International Crisis Group, told CNN's Christiane Amanpour that the 'Iranians were reluctant to negotiate with a gun to their head, and that gun has already been triggered. 'The more likely situation is that the talks are over for now.' CNN's Eve Brennan, Brad Lendon and Mostafa Salem contributed reporting.

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