Professor of Law Emeritus William C. Banks has discussed the deployment of the National Guard and Marines with several media outlets. Banks is an expert in civil-military relations who wrote the book “Soldiers on the Homefront.”
Banks responded to questions from The Conversation about the historical and legal nature of President Trump deploying the National Guard and Marines to Los Angeles.
In response to a question about American military troops being used in the U.S., Banks says, “They can, but it is an extraordinary exercise of authority to use troops domestically. It has rarely been done in the U.S. as a way of responding to a civil disturbance. Congress has delegated that authority of deploying American troops domestically to the president in limited circumstances. Otherwise, the only authority is exercised by governors, who have control of the National Guard.”
Professor Emeritus William C. Banks Discusses the Posse Comitatus Act with NPR
Professor of Law Emeritus William C. Banks spoke with Up First From NPR on the deployment of the military to Los Angeles. Banks discussed what the military can do as outlined in the Posse Comitatus Act.
“For sure, they can’t arrest. If the crowds are trying to push through them or throwing rocks at their face, they can protect themselves, but they can’t enforce the law,” says Banks.
He speaks at 3:25 of the audio clip.
Professor Banks spoke with the San Francisco Chronicle for the story, “DHS secretary seeks military arrests in Los Angeles in leaked letter.” “This is a grave escalation,” said Banks. “It may presage the invocation of the Insurrection Act.”
At KJZZ (Phoenix, AZ) Banks said, “The last time a president did something like this — that is to federalize the National Guard without the participation of a state governor — was in 1965,” when then-President Lyndon B. Johnson sent troops to protect Black civil rights activists from local authorities ahead of a voting rights march in Selma, Alabama.
The Latin Times “Kristi Noem Reportedly Requested Hegseth Direct Military To Make Arrests In Los Angeles: ‘A Grave Escalation'”.
The Straits Times “Trump flexes strongman instincts over Los Angeles protests”.