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Trump loses ‘police state’ case on Nat. Guard! Ari Melber reports on ‘illegal’ smackdown 
MSNBC·2025-09-02 23:40

Legal & Judicial Analysis - A federal judge ruled President Trump's deployment of troops to patrol Americans is illegal, resembling an illicit bid to create a national police force [2] - The ruling is based on a 19th-century law, the Posse Comitatus Act (PCA), forbidding the president from using the army for general law enforcement unless expressly authorized by the Constitution or an act of Congress [4][5] - The judge found Trump appeared to have an illicit purpose of creating a national police force with the president as its chief, raising concerns about autocratic national police forces [6] - The judge noted that Trump's DOJ's argument is so extreme that the President could assert he's unable to enforce obscure tax laws and then use the federalized National Guard to execute a range of laws, including election laws [11] - Judges are sounding the alarm and trimming Trump's powers, as he vows to appeal the case [14] Political & Governmental Implications - The concern is that Trump would use military powers to interfere in the election itself or in the vote counting if he thinks he might lose [12] - Trump's effort to explore getting the military to seize voting machines was abandoned when Giuliani said it went too far [13][14] - The administration's approach of seizing powers, threatening to defy courts, and trying to run out the clock resulted in months of troops in the streets of LA before the setback [15] - Trump is threatening to send troops to other places like Chicago, indicating a goal of a personalized police state which other leaders have used to try to steal elections and end democracy [20] Societal Impact & Response - The Democratic governor of Illinois responded to the president's remarks, refusing to call him and asking him to send troops to Chicago [23] - The governor urges citizens to know their rights, film things that they see happening in their neighborhoods, and be loud, as authoritarians thrive on silence [23][24]