Why doesn't Posse Comitatus prevent Trump's attack on US cities?

[iemanja]

The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385, original at 20 Stat. 152) signed on June 18, 1878, by President Rutherford B. Hayes that limits the powers of the federal government and any other government entities such as county sheriffs and justices of the peace that are authorized to form a posse comitatus in the use of federal military personnel to execute the law within the United States. Congress passed the Act as an amendment to an army appropriation bill following the end of Reconstruction and updated it in 1956, 1981 and 2021.

The Act originally applied only to the United States Army, but a subsequent amendment in 1956 expanded its scope to the United States Air Force. In 2021, the National Defense Authorization Act for Fiscal Year 2022 further expanded the scope of the Act to cover the United States Navy, Marine Corps, and Space Force. The Act does not prevent the Army National Guard or the Air National Guard under state authority from acting in a law enforcement capacity within its home state or in an adjacent state if invited by that state's governor. The United States Coast Guard (under the Department of Homeland Security) is not covered by the Act either, primarily because although it is an armed service, it also has a maritime law enforcement mission.

Has this not come before the courts? How is he allowed to get away with it?

[Irish_Dem]

1. Rule of law does not apply to Trump.

The SC has given him carte blanche.

[choie]

2. It sure as hell supposed to.

He seems to get away with most everything.

[bucolic_frolic]

3. Who's going to enforce it? /nt

[Jilly_in_VA]

4. If it weren't for six spineless members of the Supremes

we would not be in this shape.

[Darkstar53142]

7. Before that, the the GOP Senators in 2021 could have stopped him by voting to remove him...

...after the second impeachment.

[IbogaProject]

5. According to the Subrime Court "Official" means legal

They had a result in mind so they ruled and decided anything official isnt illegal based on the flimsy reading that only impeachment and conviction or the 25 Admendment or his own demise can stop this.

[iemanja]

6. Really?

Was this very recently?

[IbogaProject]

12. Basically, ruling was 2024

But they punted partially in case they wish to stop a progressive president.

https://en.wikipedia.org/wiki/Trump_v._United_States

Holding

Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts

[iemanja]

13. Right. I remember that.

[carpetbagger]

8. Several reasons.

First, the courts have considered this and at times they've ruled against him.

He's getting away with deployments because: (1) courts take time to hear cases, and lower-court judges are reluctant to proscribe the president directly, preferring to rule and kick upstairs. (2) Trump's primary purpose isn't law enforcement but rather to provide a dramatic display of force to (a) make his base happy (b) dominate the news cycles like a dog humping a tree and (c/most importantly) provoke a response.

If you view what's going on as Trump having military parades in cities, that's not a violation. As to his being an edgelord, that's the responsibility of the electorate, Congress, and his cabinet via 25A to control, not the courts.

[iemanja]

9. He's clearly using the military for law enforcement

He says as much.

[leftstreet]

11. Spot on

(a) make his base happy (b) dominate the news cycles like a dog humping a tree and (c/most importantly) provoke a response.

Absolutely

[cbabe]

10. Duty to disobey unlawful orders

Military.com
https://www.military.com › daily-news › opinions › 2025 › 08 › 13 › 4-out-of-5-us-troops-surveyed-understand-duty-disobey-illegal-orders.html
4 Out of 5 US Troops Surveyed Understand the Duty to Disobey Illegal ...
In addition, under Article 92 of the Uniform Code of Military Justice and the U.S. Manual for Courts-Martial, service members must obey lawful orders and disobey unlawful orders.


War on the Rocks
https://warontherocks.com › 2017 › 07 › when-can-a-soldier-disobey-an-order
When Can a Soldier Disobey an Order? - War on the Rocks
Can a soldier refuse an order to deploy in support of a military operation that Congress has not approved? The president's authority to use military force is a hotly debated legal topic.


FindLaw
https://www.findlaw.com › legalblogs › law-and-life › what-is-a-military-duty-to-disobey
What Is a Military 'Duty to Disobey'? - FindLaw
It's generally called a "duty to disobey," and is empowered by the Uniform Code of Military Justice. The UCMJ is more concerned about the need to obey orders, but specifies the conditions when military personnel may feel justified in not following them: If the order is "contrary to the constitution" or "the laws of the United States."


militarydefense.com
https://www.militarydefense.com › military-personnel-must-know-the-limits-of-lawful-orders
Orders Under Fire: When Following Command Becomes a Legal Risk in Today ...
May 27, 2025When Obedience Becomes a Crime: The Military Duty to Disobey Unlawful Orders Obedience in Uniform Has Limits Military personnel

[doc03]

14. If this president gives an order it can't be

an illegal order. SCOTUS