Fact check: Can the National Guard arrest civilians during riot control operations?

1. Summary of the results

The National Guard's ability to arrest civilians during riot control is more nuanced than a simple yes/no answer. While serving under state governors' command, National Guard members can perform law enforcement actions and assist in civil support missions ^[1]. However, their primary role is typically to support rather than replace civilian law enforcement ^[2]. One source directly states that the National Guard generally cannot arrest civilians during riot control operations, citing the Posse Comitatus Act's restrictions ^[3].

2. Missing context/alternative viewpoints

Several crucial legal frameworks govern this issue:

• The Posse Comitatus Act of 1878 limits military involvement in domestic law enforcement ^[4]
• The Insurrection Act of 1807 provides specific circumstances where federal troops can be deployed domestically ^[4]
• Military deployment does not automatically equal martial law - martial law would require a complete breakdown of civil institutions ^[5]

It's important to note that:

• The president has the power to federalize National Guard units under specific circumstances through the Insurrection Act ^[6]
• Pentagon officials are particularly sensitive about military personnel appearing to arrest American citizens ^[2]
• Direct arrest authority would be "very rare and highly controversial" ^[3]

3. Potential misinformation/bias in the original statement

The question oversimplifies a complex legal and operational framework. Several groups have stakes in how this authority is perceived:

• State governors benefit from maintaining authority over their National Guard units
• Federal government maintains power through the Insurrection Act exception
• Civilian law enforcement agencies benefit from maintaining primary authority over arrests
• Military leadership benefits from maintaining distance from domestic law enforcement to avoid controversy

The original question fails to acknowledge that the National Guard's primary mission during civil unrest is to provide security and logistical support ^[3], not to act as a primary arrest authority.