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Trump National Guard Deployment Trial: Day 2 Update on Legal Arguments

CBS NewsSeptember 5, 20253 min13,795 views
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Key Witness Testimony: Major General Scott Sherman

  • πŸ“Œ Major General Scott Sherman, who commanded the guard troops in Los Angeles, testified about the National Guard's deployment.
  • ⚠️ Sherman initially stated he hadn't heard the term "rebellion" used regarding the protests, but later walked back this statement, clarifying he knew Trump's memo cited a rebellion.
  • ⚑ He also discussed an operation in MacArthur Park, initially objecting due to high risk and logistical concerns like using military vehicles on a park road and the timing on Father's Day.
  • ❓ A significant point was Sherman's mention of a "mysterious constitutional exception" to the Posse Comitatus Act, which he couldn't explain, stating he was not a lawyer.

State's Arguments Against Deployment

  • βš–οΈ California argues that the presence of nearly 500 National Guard troops in Los Angeles constitutes a standing army, violating the Posse Comitatus Act.
  • 🚨 The state claims these troops have been used for domestic law enforcement, instilling fear, and that the government is using language to circumvent the law.
  • 🎯 The state is seeking injunctive relief to have the troops removed from Los Angeles and to prevent similar deployments in other states.

Government's Defense of Deployment

  • πŸ›‘οΈ The government contends that they have been in compliance with federal law and that the state has not met the threshold for legal challenge.
  • 🀝 They assert that the troops have been present solely to protect federal law enforcement officers, as is their duty.

Legal Framework: Posse Comitatus Act

  • πŸ“œ The Posse Comitatus Act generally prohibits the use of the military for domestic law enforcement purposes.
  • πŸ›οΈ Exceptions to the act require express authorization by the Constitution or an act of Congress, a point that was central to the testimony and legal arguments.
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What’s Discussed

Trump AdministrationNational GuardPosse Comitatus ActFederal LawDomestic Law EnforcementImmigration RaidsProtestsLos AngelesCaliforniaMajor General Scott ShermanInjunctive ReliefConstitutional Exception
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