Fordham Law Professor Aaron Saiger told Newsday that while President Donald Trump may not have the explicit authority to take over state and local police departments in New York, there is no guarantee his administration won’t try to test that.
Trump activated the guard over the objections of Democratic Gov. Gavin Newsom and local officials, who argued the move violated the Posse Comitatus Act of 1878, which prevents the president from using the military as a domestic police force, according to reporting by The Associated Press. A federal judge on Monday was set to hear arguments in a lawsuit filed by the state seeking an end to Trump’s use of the guard for law enforcement purposes.
Aaron Saiger, a professor at Fordham Law School and director of its Urban Law Center, said while Trump may not have the explicit authority to take over state and local police departments, there’s no guarantee his administration won’t try to test the limits of his authority.
“This administration has been fairly willing to act at the margins of their legal power,” Saiger said in a phone interview.