Democracy Docket reports:

The broad legal theory behind President Donald Trump’s use of the military in civilian law enforcement took center stage Tuesday during day two of a trial over the deployment of National Guard troops and Marines to Los Angeles earlier this year.

The three-day, non-jury trial before San Francisco-based federal Judge Charles Breyer concerns California’s claim that Trump’s use of troops in Los Angeles violated the Posse Comitatus Act of 1878, which generally prohibits using the military in civilian law enforcement purposes under normal circumstances.

California has argued that the Trump administration violated Posse Comitatus by deploying soldiers alongside federal agents carrying out immigration raids, executing arrest warrants and conducting drug operations.

Troops, the state alleged, have played an “active, direct role” in law enforcement activities by performing security functions during operations, setting up perimeters and blockades and, on at least two occasions, detaining civilians.

The Department of Justice has claimed that the military’s ongoing mission in Los Angeles is permissible under Posse Comitatus because troops are protecting federal property and federal law enforcement officials. [Continue reading…]