Trump Orders Hegseth and Bondi to 'Determine How Military' Can Be Used in Domestic Law Enforcement

[BumRushDaShow]

Source: MEDIAite

Apr 28th, 2025, 9:08 pm



President Donald Trump directed Secretary of Defense Pete Hegseth and U.S. Attorney General Pam Bondi to determine how the U.S. military could be used for domestic law enforcement on Monday.

In an executive order titled, “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Civilians,” Trump issued several directives, including the establishment of a legal defense mechanism for law enforcement officers and a crackdown on state and local officials who “willfully and unlawfully direct the obstruction of criminal law, including by directly and unlawfully prohibiting law enforcement officers from carrying out duties.”

The president also ordered Hegseth and Bondi to “determine how military and national security assets” and personnel “can most effectively be utilized” to prevent crime:

Sec. 4. Using National Security Assets for Law and Order. (a) Within 90 days of the date of this order, the Attorney General and the Secretary of Defense, in consultation with the Secretary of Homeland Security and the heads of agencies as appropriate, shall increase the provision of excess military and national security assets in local jurisdictions to assist State and local law enforcement.

(b) Within 90 days of the date of this order, the Secretary of Defense, in coordination with the Attorney General, shall determine how military and national security assets, training, non-lethal capabilities, and personnel can most effectively be utilized to prevent crime.

Read more: https://www.mediaite.com/politics/trump-orders-hegseth-and-bondi-and-to-determine-how-military-can-be-used-in-domestic-law-enforcement/

---

18 USC 1385: Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus

The Posse Comitatus Act and Related Matters: A Sketch

Summary

The Posse Comitatus Act states that "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both." 18 U.S.C. § 1385. It reflects an American tradition that bridles at military involvement in civilian affairs. Congress, however, has approved a number of instances where extraordinary circumstances warrant a departure from the general rule, particularly in cases where the armed forces provide civilian assistance without becoming directly involved in civilian law enforcement. However, a number of statutes, including the Insurrection Act, permit the military directly to execute federal law or provide assistance to states in the throes of insurrection where state officials are unable to execute the law.

Three tests have developed to determine when the Posse Comitatus Act is violated. Courts examine whether: (1) civilian law enforcement officials made a direct active use of military investigators to execute the law; (2) the use of the military pervaded the activities of the civilian officials; or (3) the military was used so as to subject citizens to the exercise of military power which was regulatory, prescriptive, or compulsory in nature. The Act has apparently been used for only a couple of prosecutions, and it is more frequently invoked collaterally as a usually unsuccessful means to avoid jurisdiction or exclude evidence acquired with the assistance of the military. Less frequently, plaintiffs have sought relief in the form of civil damages for an alleged violation.

The Posse Comitatus Act does not apply where the Constitution expressly authorizes the use of the armed forces to execute the laws in such a role. Although the Constitution does not seem to provide such an express exception, military doctrine permits military commanders to exercise emergency authority and to take action to protect federal property.

Although the Posse Comitatus Act applies on its terms only to the Army and Air Force, Department of Defense regulations governing military assistance to civil authorities limit the roles of all of the armed services, including civilian personnel, to prevent their direct involvement in law enforcement activities. The National Guard is covered by the act only when acting in federal service.

The most significant impact of the Posse Comitatus Act is attributable to compliance by the armed forces. As administrative adoption of the act for the Navy and Marines demonstrates, the military has a long-standing practice of avoiding involvement in civilian affairs which it believes are contrary to the Act.

This is an abridged version of CRS Report R42659, The Posse Comitatus Act and Related Matters: The Use of the Military to Execute Civilian Law, in which the authorities for the statements made here may be found.

(snip)

Both of those who were "ordered" ARE literally "dumb as a rock".