Will The Military Become The Police? - 16

Here come de fuzz

There was a lot of talk on MSNBC this morning about "Posse Comitatus".

So, I asked AI (Google Version) about and Dredd Blog's perspective about it.

AI replied:

"AI Overview
The idea that the U.S. military will become a domestic police force is often the subject of discussion on the Dredd Blog, and it is related to the Posse Comitatus Act. The law generally prohibits the use of the federal military for civilian law enforcement. However, there are significant legal exceptions and persistent political debates over its interpretation that make the issue a recurring topic. 

Key points from Dredd Blog and legal experts

 The Posse Comitatus Act is a fragile guardrail: Legal experts cited by the Dredd Blog, such as those from the Brennan Center for Justice, argue that the 1878 law is not a sufficient defense against the militarization of police. They point to significant loopholes and a lack of effective enforcement mechanisms. No one has ever been successfully prosecuted for violating the act, leaving its power largely dependent on political norms rather than legal precedent.

Expansion of military powers and "Title 32 status": One major loophole involves the use of the National Guard under "Title 32" status. In this gray area, the Guard is paid with federal funds and can perform missions requested by the president, but it remains under the command of a state governor and is not subject to the Posse Comitatus Act. Critics argue this allows a president to bypass the spirit of the law by asking sympathetic governors to deploy their Guard units to another state for law enforcement purposes.

Concerns over executive authority:

A core fear discussed on the [Dredd] blog is that a president might use loopholes to increase military involvement in domestic affairs, especially for political purposes, which would erode the separation between the military and civilian life. This concern grew after President Trump's use of the National Guard in Washington, D.C. in 2020 and his subsequent proposal to do so in other cities. 

Why the concern about the military becoming the police?

The debate centers on the use of federal military power for domestic law enforcement, which is seen as a threat to fundamental democratic values. Key issues include: 

Different training and mindset: The military is trained for combat and to neutralize threats, while civilian police are trained for apprehension and to de-escalate situations.

 Erosion of civil liberties: Military involvement in policing can have a "chilling effect" on the public and has been criticized by civil rights groups like the ACLU for potentially intimidating citizens exercising their constitutional rights.

 Historical context: The Posse Comitatus Act was passed to prevent the federal military from enforcing domestic law after the abuses of the Reconstruction era. The idea of keeping military and civil powers separate has deep historical roots in American tradition. 

The current situation

Recent legal actions and political discussions indicate that the debate is active and unresolved:

 Recent court rulings: In September 2025, a federal judge in California ruled that the Trump administration had violated the Posse Comitatus Act by illegally deploying National Guard troops to Los Angeles.

Continuing political debate: The controversy has continued into President Trump's second term.    

Need for reform: Organizations like the Brennan Center for Justice argue that Congress needs to reform the Posse Comitatus Act and the Insurrection Act to strengthen civilian control and close loopholes. Proposed reforms include transferring control of the D.C. National Guard and restricting governors from sending their Guard troops into other states without consent.

 (And So Forth ...). In Dredd Blog terms, beginning over fifteen years ago, notice this:

"Will The Military Become The Police?

Your immediate reaction to the title of this post is probably "only a crack pot conspiracy theorist would think that could happen in the United States."

Which would be a very healthy reaction, because that is the way it should be, but it would be erroneous because that is the law now."

 (Will The Military Become The Police?, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15). The issue really boils down to "is now the same as then"?

The previous post in this series is here.