A federal judge has ruled that President Donald Trump and his Defense Secretary Pete Hegseth violated federal law when they deployed thousands of federalized California National Guard members to bolster immigration enforcement in Los Angeles earlier this summer
Judge Charles Breyer, a Clinton appointee and brother to retired liberal Justice Stephen Breyer, said Trump violated the Posse Comitatus Act, a 150-year-old law that says the military cannot typically engage in domestic law enforcement.
“This was intentional—Defendants instigated a months-long deployment of the National Guard and Marines to Los Angeles for the purpose of establishing a military presence there and enforcing federal law. Such conduct is a serious violation of the Posse Comitatus Act,” Breyer wrote.
Trump federalized about 4,000 National Guard members in June to support federal authorities in California as they carried out immigration raids, despite Democrat Gov. Gavin Newsom‘s vehement objections.
Breyer’s decision comes as most of the National Guard members have since been demobilized. Attorneys for California said during the trial, though, that 300 of them remained, which they argued was a “significant” number. (RELATED: Judge Tells Trump To Hand Control Of California National Guard Back To Newsom)
“That’s certainly a large enough number of soldiers to constitute a Posse Comitatus Act violation,” a state attorney said.
While the judge’s decision may have minimal impact on the ground in California, the case could still have nationwide implications as Trump and Secretary of Defense Pete Hegseth deploy National Guard members in Washington, D.C., and threaten to do so in other blue cities to address street crime. The Trump administration is likely to appeal Breyer’s decision, which could result in the U.S. Court of Appeals for the Ninth Circuit and even the Supreme Court weighing in on the administration’s unconventional use of the National Guard.
Breyer paused his order until Friday, providing the administration with an avenue to appeal before it goes into effect.
This is a breaking news story. Please check back for updates.
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