Published Date: 09.06.2025 13:17 / Politics

Trump, Newsom Clash Over National Guard

Trump, Newsom Clash Over National Guard

Trump’s LA troop order sparks legal showdown with Newsom over Posse Comitatus limits on military in civilian law enforcement.

Federal-State Tensions Erupt Over Troop Use Amid LA Riots

A high-stakes constitutional dispute has emerged between President Donald Trump and California Governor Gavin Newsom over the federal deployment of National Guard troops to Los Angeles in response to violent immigration-related riots. Central to the clash is the 1878 Posse Comitatus Act, a law designed to limit the use of military forces in civilian law enforcement.

The White House authorized the deployment of 2,000 National Guard soldiers on Sunday following reported attacks on Immigration and Customs Enforcement (ICE) agents conducting raids across the city. According to administration officials, Trump acted after determining that Newsom and Los Angeles Mayor Karen Bass were not responding forcefully enough to contain the violence.

“Addressing the lawlessness that has been allowed to fester,” read the White House statement announcing the deployment. Though National Guard troops are on the ground, they have not yet engaged in direct law enforcement duties.

Governor Newsom swiftly condemned the move, posting on X that the deployment amounted to an “unlawful” breach of state authority. “We didn’t have a problem until Trump got involved,” he wrote. “This is a serious breach of state sovereignty – inflaming tensions while pulling resources from where they’re actually needed.” Newsom has formally demanded that the troops be withdrawn and returned to state command.

The Pentagon added another layer to the controversy by confirming it is prepared to send an additional 500 active-duty Marines if needed. Should those forces become operational in law enforcement roles, constitutional experts expect the Posse Comitatus Act to become a focal point in what may become a landmark legal test of executive authority.

Legal Gray Zones and Historical Precedents

Enacted during Reconstruction, the Posse Comitatus Act was intended to prevent military interference in domestic affairs. While the act prohibits the use of federal troops for law enforcement, there are critical exceptions, including deployments authorized by Congress, actions under the Insurrection Act, or when state governments are deemed incapable or unwilling to restore order.

LA-based attorney and retired Army infantry colonel Kurt Schlicter argued that Trump’s actions fall within legal parameters. “The president has ample authority, including statutory authority, to call up federal military forces to assist in missions like this,” Schlicter said. He referenced the 1992 LA riots, during which federal troops were deployed under the Insurrection Act, noting that similar legal tools remain available.

“It’s not a problem. That’s not to say a judge won’t say there’s a problem,” he added, suggesting that legal interpretations could differ and potentially lead to a judicial standoff between state and federal authorities.

While the National Guard’s role thus far remains largely symbolic, the underlying legal conflict may intensify if federal troops begin enforcing laws directly on U.S. soil. The situation has raised fresh concerns about the balance of power between federal and state governments and could become a defining case for the limits of presidential authority under emergency conditions.