What Marines deploying to LA amid protests legally can, and cannot, do
'DoD military personnel on this mission are protecting property and personnel,' Air Force Capt. Mayrem Morales, a NORTHCOM spokesperson, told Task & Purpose. 'They are providing support to prevent the destruction or defacement of federal government property, including crowd control and establishment of security perimeters. These personnel are also protecting federal officials from harm or threat of bodily injury while those officials execute their duties.'
The Marines are assigned to 2nd Battalion, 7th Marines, which is based at Twentynine Palms, California, the Marine Corps' premier site for combat training. The battalion's mission includes preparing to take part in Unit Deployment Program rotations to the Western Pacific, according to the battalion's website.
President Donald Trump has already federalized 2,100 members of the California National Guard in response to the protests, which began on June 6 following raids by U.S. Immigration and Customs Enforcement agents in Los Angeles. The situation escalated on Sunday when thousands of protesters took to the streets. That same day, NORTHCOM announced that the Marines had been notified to prepare to deploy to Los Angeles in case they were needed.
When asked why 2nd Battalion, 7th Marines would take part in the U.S. military's response to the Los Angeles protests and what capabilities it could bring to the mission, Marine Corps officials referred questions to NORTHCOM, which referred Task & Purpose back to the Marines.
No information was immediately available about whether the battalion had conducted law enforcement training in the past two years.
Generally speaking, Marine infantry units focus on lethal force as opposed to less-than-lethal force, so they are typically not trained or equipped to deal with civil disturbances, said retired Army Lt. Gen. Russel Honoré, who led military relief efforts following Hurricane Katrina in 2005.
'In this particular mission, they could supplement the Guard or work with them in the mission of protecting federal property and people,' Honoré told Task & Purpose on Monday. 'Just like we protect federal installations, we've got the authority to protect federal buildings and federal property. All of our installations are generally protected by soldiers either in the Military Police or shore patrol, and this is an extension of that.'
Honoré also noted that because Trump has federalized the National Guard, those troops are not able to conduct law enforcement missions unless the president invokes the Insurrection Act, which allows federal troops to be deployed under certain circumstances, such as in response to a natural disaster or terrorist attack.
Normally, National Guard troops are activated by authorities within their home state to conduct disaster relief or law enforcement missions when their governors deem it necessary, said retired Air Force Lt. Col. Rachel VanLandingham, a former military attorney.
The Posse Comitatus Act of 1878 prohibits federal U.S. troops — including federalized National Guardsmen — from performing law enforcement duties on American soil, unless the president invokes the Insurrection Act, said VanLandingham, a law professor at Southwestern Law School in Los Angeles.
In this case, Trump has not invoked the Insurrection Act, and he has only directed the federalized National Guard troops to protect federal personnel and buildings, said VanLandingham, who teaches national security law and constitutional criminal procedure. The troops have not been authorized or directed to conduct arrests, searches, or seizures, which are classic law enforcement activities, she said.
VanLandingham also questioned the usefulness of deploying Marines to protect federal buildings, particularly since California's governor has not requested federal support, and he could have deployed his state's National Guard to do so.
'That would be an extraordinary use of active-duty troops that has never been used before outside of Insurrection Act invocation,' VanLandingham.
The last time a president invoked the Insurrection Act was in 1992, when President George H. W. Bush federalized the National Guard and activated soldiers with the 7th Infantry Division and Marines from the 1st Marine Division to respond to riots in Los Angeles following the acquittal of four police officers accused of beating motorist Rodney King.
About 1,500 Marines from Camp Pendleton, California, were deployed to Los Angeles in 1992, and they were issued riot gear and given refresher training prior to their mission, retired Army Maj. Gen. James Delk, who oversaw the California National Guard's response to the riots, wrote in a 1995 Army case study of the riots.
However, communications proved to be a challenge at times because Marines, soldiers, and police all use different terminologies, Delk wrote. In one incident, a squad of Marines accompanied police to a home in response to a domestic dispute. One of the police officers was hit when someone inside opened fire.
'His partner grabbed him and as he pulled him back he hollered to the Marines 'Cover me!'' Delk wrote. 'Now to a cop, that was very simple command. That means aim your rifle and use it if necessary. To a Marine, and there were some well-trained young patriots in that squad, it meant something entirely different. They instantly opened up. A mom, a dad, and three children occupied that house.'
Police later found more than 200 bullet holes in the home, but thankfully no one inside was hit, Delk wrote.
'The point is, those great young Marines did exactly what they're trained to do, but not what the police thought they requested,' Delk wrote. 'You need to understand the differences in language.'
When asked what steps NORTHCOM is taking to prevent similar misunderstandings from occurring during the current military response in Los Angeles, a command spokesperson said service members are trained to deescalate situations and always retain the right of self-defense to a 'hostile act or demonstrated hostile intent.'
'The safety and security of the men and women performing their duties is paramount,' the spokesperson said.
This is a developing story and will be updated as more information becomes available.
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