Fortune | FORTUNE 22小时前
Judge asks if troops in Los Angeles are violating the Posse Comitatus Act
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本文聚焦美国总统特朗普在洛杉矶部署国民警卫队引发的争议。加州州长纽森认为此举违反了《禁止联邦军队干预平民执法法案》,但法院尚未做出最终裁决。文章详细介绍了事件的背景、各方立场以及法律依据。副总统彭斯访问洛杉矶,强调总统认为部署合理,并表示必要时将再次采取行动。文章还提到了抗议活动、宵禁解除以及法院的裁决,最终国民警卫队仍处于联邦控制之下。

👮 争议的核心在于《禁止联邦军队干预平民执法法案》。加州州长纽森认为特朗普的部署违反了该法案,但法院尚未对此做出明确裁决。

🏛️ 副总统彭斯访问洛杉矶,并会见了部署的军队,强调总统认为部署是合法的,并表示如果必要,将再次采取行动。彭斯表示,如果地方执法机构履行职责,保护联邦执法人员,就不会部署国民警卫队。

📜 争议的焦点在于总统是否有权在没有州长同意的情况下控制国民警卫队。根据法律,总统只有在国家“遭受入侵”或“发生叛乱或有叛乱危险”时,才能调用国民警卫队。

⚖️ 法院的裁决和后续行动。尽管法官最初认为特朗普的行为超出了法律授权,但上诉法院的裁决允许总统继续控制国民警卫队。加州寻求初步禁令,希望纽森重新控制军队,但最终国民警卫队仍处于联邦控制之下。

U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.

The hearing happened the day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids.

California Gov. Gavin Newsom said in his complaint that “violation of the Posse Comitatus Act is imminent, if not already underway” but Breyer last week postponed considering that allegation.

Vice President JD Vance, a Marine veteran, traveled to Los Angeles on Friday and met with troops, including U.S. Marines who have been deployed to protect federal buildings.

According to Vance, the court determined Trump’s determination to send in federal troops “was legitimate” and he will do it again if necessary.

“The president has a very simple proposal to everybody in every city, every community, every town whether big or small, if you enforce your own laws and if you protect federal law enforcement, we’re not going to send in the National Guard because it’s unnecessary,” Vance told journalists after touring a federal complex in Los Angeles.

Vance’s tour of a multiagency Federal Joint Operations Center and a mobile command center came as demonstrations have calmed after sometimes-violent clashes between protesters and police and outbreaks of vandalism and break-ins that followed immigration raids across Southern California earlier this month. Tens of thousands have also marched peacefully in Los Angeles since June 8.

National Guard troops have been accompanying federal agents on some immigration raids, and Marines briefly detained a man on the first day they deployed to protect a federal building. The marked the first time federal troops detained a civilian since deploying to the nation’s second-largest city.

Trump allowed to keep control of National Guard

Breyer found Trump acted illegally when, over opposition from California’s governor, the president activated the soldiers. However, the appellate decision halted the judge’s temporary restraining order. Breyer asked the lawyers on Friday to address whether he or the appellate court retains primary jurisdiction to grant an injunction under the Posse Comitatus Act.

California has sought a preliminary injunction giving Newsom back control of the troops in Los Angeles, where protests have calmed down in recent days.

Trump, a Republican, argued that the troops have been necessary to restore order. Newsom, a Democrat, said their presence on the streets of a U.S. city inflamed tensions, usurped local authority and wasted resources.

Los Angeles mayor lifts curfew after protests subside

The demonstrations appear to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents gathered at a parking lot with their faces covered, traveling in SUVs and cargo vans. The Los Angeles Dodgers organization asked them to leave, and they did.

On Tuesday, Los Angeles Mayor Karen Bass lifted a downtown curfew that was first imposed in response to vandalism and clashes with police after crowds gathered in opposition to agents taking migrants into detention.

Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is otherwise unable “to execute the laws of the United States.”

Breyer found that Trump had overstepped his legal authority, which he said allows presidents to control state National Guard troops only during times of “rebellion or danger of a rebellion.”

“The protests in Los Angeles fall far short of ‘rebellion,’ ” wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.

National Guard stays in federal hands as lawsuit proceeds

The Trump administration argued that courts can’t second-guess the president’s decisions. The appellate panel ruled otherwise, saying presidents don’t have unfettered power to seize control of a state’s guard, but the panel said that by citing violent acts by protesters in this case, the Trump administration had presented enough evidence to show it had a defensible rationale for federalizing the troops.

For now, the California National Guard will stay in federal hands as the lawsuit proceeds. It is the first deployment by a president of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.

Trump celebrated the appellate ruling in a social media post, calling it a “BIG WIN” and hinting at more potential deployments.

Newsom, for his part, has also warned that California won’t be the last state to see troops in the streets if Trump gets his way.

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国民警卫队 洛杉矶 特朗普 法律争议
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