The 150-year-old law that governs military’s role in local law enforcement

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By SAFIYAH RIDDLE, Associated Press/Report For America

The Posse Comitatus Act is a nearly 150-year-old federal law that limits the U.S. military’s role in enforcing domestic laws. At its core, experts say the law reflects America’s long-standing belief that law enforcement should remain in civilian hands, separate from military power.

President Donald Trump has tested the law’s limits in the first few months of his second term, as he expands the footprint of the U.S. military on domestic soil.

Here’s what to know about the law.

Posse Comitatus Act stops military from enforcing US law

The criminal statute prohibits military enforcement of domestic law. It also prevents the military from investigating local crimes, overriding local law enforcement or compelling certain behavior.

There are key exceptions. Congress can vote to suspend the act, or the president can order it suspended in defense of the Constitution. The Insurrection Act of 1807 allows the president to deploy troops during invasions, rebellions or when local authorities can’t maintain order.

National Guard members are under state authority and commanded by governors, so they’re generally exempt. However, the Posse Comitatus Act applies to National Guard forces when they’re “federalized,” meaning the president puts them under his control. That’s what Trump did in California over the governor’s objections.

The military is allowed to share intelligence and certain resources if there’s an overlap with civilian law enforcement jurisdiction, according to the Library of Congress. There’s also an exception for the U.S. Coast Guard, which has some law enforcement responsibilities.

The US Capitol is seen past a member of the South Carolina National Guard standing at the Washington Monument, Sunday, Aug. 31, 2025, in Washington. (AP Photo/Jon Cherry)

Law was enacted after the Reconstruction era

The law was enacted in 1878 following the post-Civil War era known as Reconstruction. At that time, segregationist lawmakers didn’t want the U.S. military from blocking Jim Crow laws that imposed racial segregation.

But the spirit of the law has roots going all the way back to the Revolutionary War, when the nation’s founders were scarred by the British monarchy’s absolute military control, said William C. Banks, a professor at the Syracuse University College of Law.

“We have a tradition in the United States — which is more a norm than a law — that we want law enforcement to be conducted by civilians, not the military,” Banks said.

Courts have rarely interpreted the Posse Comitatus Act, leaving much of its scope shaped by executive branch policy and military regulations rather than judicial precedent.

Steve Vladeck, a law professor at Georgetown University, notes that this lack of legal rulings makes the law unusual.

“There is no authoritative precedent on exactly where these lines are, and so that’s why over the years the military’s own interpretation has been so important,” Vladeck said.

New tests for the law

A federal judge has ruled that the Trump administration violated federal law by sending troops to accompany federal agents on immigration raids in Los Angeles this summer. The ruling does not require the remaining troops to withdraw.

Trump administration attorneys argued the law doesn’t apply because the troops were protecting federal officers, not enforcing laws.

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Trump also sent 800 troops to Washington D.C., saying without substantiation that they were needed to reduce crime in the “lawless” city.

In Washington, a federal district, the president is already in charge of the National Guard and can legally deploy troops for 30 days without congressional approval.

Trump has since discussed sending the National Guard to other Democratic-led cities like Chicago, Baltimore and New York.

Riddle is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

Pentagon authorizes up to 600 military lawyers to serve as temporary immigration judges

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By KONSTANTIN TOROPIN, Associated Press

WASHINGTON (AP) — Defense Secretary Pete Hegseth has approved sending up to 600 military lawyers to the Justice Department to serve as temporary immigration judges, according to a memo reviewed by The Associated Press.

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The military will begin sending groups of 150 attorneys — both military and civilians — to the Justice Department “as soon as practicable” and the military services should have the first round of people identified by next week, according to the memo, dated Aug. 27.

The effort comes as the Trump administration cracks down on immigration across the country, ramping up arrests and deportations. Immigration courts also already are dealing with a massive backlog of roughly 3.5 million cases that has ballooned in recent years.

However, numerous immigration judges have been fired or left voluntarily after taking deferred resignations offered by the administration, according to their union. The International Federation of Professional and Technical Engineers, said in July that at least 17 immigration judges had been fired “without cause” in courts across the country.

That has left about 600 immigration judges, union figures show, meaning the Pentagon move will double their ranks.

The move is being done at the request of the Justice Department, and the memo noted that the details will initially last no more than 179 days but can be renewable.

When asked about the move, a DOJ spokesperson referred questions about the plan to the Defense Department. Pentagon officials directed questions to the White House.

A White House official said Tuesday that the administration is looking at a variety of options to help resolve the significant backlog of immigration cases, including hiring additional immigration judges. The official said the matter should be “a priority that everyone — including those waiting for adjudication — can rally around.”

Associated Press writers Will Weissert, Rebecca Santana and Eric Tucker contributed to this report.

What is the ‘coolest thing’ made in Minnesota? You decide from 64 entries.

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A Boundary Waters-scented candle, potato salad and high-performance water skis are just a few of the products vying for the title of “Coolest Thing Made in Minnesota.”

The first head-to-head bracket of the second annual competition, which is hosted by the Minnesota Chamber of Commerce and BMO, was announced Tuesday and is now in the hands of the public until a winner is crowned.

The first bracket, which is made up of 64 products, was chosen by a council of industry peers from a list of all the nominations.

“This contest is a chance to shine a spotlight on the innovation, creativity and quality that set Minnesota apart,” said Doug Loon, president and CEO of the Minnesota Chamber of Commerce, in a news release.

Edible contestants include Kraft Heinz’s Velveeta cheese block, Dapper Barons’ Espresso Martini, a jalapeno cream ale from Jack Pine Brewery and, of course, SPAM from Hormel Foods.

Other products showcase the versatility of Minnesota’s landscapes like the Gunflint Canoe Paddle from Sanborn Canoe Company, a teardrop-shaped trailer from Vistabule and an all-terrain military vehicle from Polaris.

More than 40% of Minnesota’s Fortune 500 companies are in manufacturing and more than 320,000 Minnesotans work in the industry, according to the chamber.

Finalists for last year’s inaugural competition included an all-terrain wheelchair, floating wetland islands, a leather boot from Red Wing Shoe Co., and the winner, Scotch Magic Tape from 3M.

“From iconic consumer goods to cutting-edge technology, the variety of entries reflects the strength and diversity of our manufacturing sector,” said Loon. “Now it’s up to Minnesotans to vote for what they think is the coolest thing made in our state.”

Each week, the competition will be cut in half until one product is named the “Coolest Thing Made in Minnesota” at the 2025 Manufacturers’ Summit on Oct. 3.

To cast your vote, go to http://pipr.es/CcOxwe4.

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Gérard Depardieu to face trial in Paris over rape and sexual assault allegations

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PARIS (AP) — French film star Gérard Depardieu has been ordered to stand trial before a criminal court in Paris over allegations of rape and sexual assault against actor Charlotte Arnould.

“I feel relieved,” Arnould, 29, wrote on Instagram on Tuesday, announcing that she had received the investigating judge’s indictment order. “The order restores a form of judicial truth. I think I’m having trouble realizing how huge this is.”

Arnould has said that the alleged crimes took place at Depardieu’s Paris home on Aug. 7 and Aug. 13, 2018. She was 22 and he was 69 at the time. He has denied wrongdoing.

“The acts of rape and sexual assault have been acknowledged,” Arnould said. “Now, we await the next steps.”

FILE – Actor Charlotte Arnould leaves actor Gerard Depardieu’s trial for the alleged sexual assaults of two women on a film set in 2021, Tuesday, March 25, 2025 in Paris. (AP Photo/Aurelien Morissard, File)

No date for the trial has been set yet, and there was no official comment from the court.

Arnould’s lawyer, Carine Durrieu-Diebolt, said in a statement that she and Arnould were “relieved and confident,” describing the decision as a “moment of judicial truth” in the case, pending trial.

Prosecutors submitted a request last year for the case to proceed to trial.

The 76-year-old Depardieu, one of the most prominent figures in French cinema for decades, has faced a series of accusations of wrongdoing against women in recent years.

He was convicted earlier this year of sexually assaulting two women on a film set and received an 18-month suspended prison sentence. The case was widely seen as a post-#MeToo test for the country’s film industry. Arnould attended that trial.

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In that case, Depardieu was convicted of groping a 54-year-old woman responsible for decorating the set and a 34-year-old assistant during the filming of “Les Volets Verts” (“The Green Shutters”) in 2021. The court ordered his name to be listed in the national sex offender database.

The actor has been accused publicly or in formal complaints of misconduct by more than 20 women in all, but so far only the sexual assault case has proceeded to court. Other cases were dropped because of a lack of evidence or because the statute of limitations expired.

For more than a half-century, Depardieu stood as a towering figure in French cinema, a titan known for his commanding physical presence, instinct, sensibility and remarkable versatility. A bon vivant who overcame a speech impediment and a turbulent youth, Depardieu rose to prominence in the 1970s and became one of France’s most prolific and acclaimed actors, portraying a vast array of characters, from volatile outsiders to deeply introspective figures. He was nominated for an Oscar in 1991 for his performance as the swordsman and poet Cyrano de Bergerac.

In recent years, his behavior toward women has come under renewed scrutiny, including after a documentary showed him repeatedly making obscene remarks and gestures during a 2018 trip to North Korea.