Clinton-Appointed Judge Rules Trump Exceeded Authority in California National Guard Deployment

A federal judge in California ruled Tuesday that President Donald Trump exceeded his authority when he deployed 4,000 National Guard troops and 700 Marines to Los Angeles in June, citing the Posse Comitatus Act, a 19th-century law limiting military involvement in domestic law enforcement. 

The decision followed a three-day trial examining the scope of presidential authority over domestic military operations. 

Trump’s deployment aimed to support federal authorities during immigration enforcement operations, despite objections from Gov. Gavin Newsom (D). 

The operation coincided with protests against the administration’s immigration policies. 

Attorneys for California argued that the continued presence of troops created a “chilling” effect on city life, including restaurant closures, canceled events and residents avoiding public spaces. 

Judge Charles Breyer, a Clinton appointee, repeatedly questioned the limits of presidential power during the trial. 

“What limiting factors are there to the use of this force?” he asked, emphasizing that federal troop deployments in civilian areas must comply with the Posse Comitatus Act, which generally prohibits using the military as a domestic police force without congressional approval. 

The Trump administration argued that the National Guard acted within legal boundaries to protect federal property and personnel. 

Justice Department attorney Eric Hamilton told the court, “If the purpose is the protection of law enforcement officers, it isn’t law enforcement in the first place. It’s instead protection.” 

Breyer pressed on the absence of clear restrictions, saying, “It’s the absence of any limits to a national police force. That’s what I’m sitting here trying to figure out.” 

California’s attorneys maintained that the presence of federal troops violated long-standing principles against military involvement in civilian life. 

Meghan Strong, deputy attorney general, described the deployment as fostering an atmosphere of fear and disrupting economic and social activities, NBC News reports

Key officials overseeing the operation testified that intelligence suggested minimal risk to immigration officers during enforcement actions. 

Major General Scott Sherman, who commanded the National Guard troops, explained that the soldiers were tasked with security patrols, crowd control, traffic monitoring and protecting federal property. 

“We were allowed to do these four things because it was in line with what the president was directing,” Sherman said. 

Legal experts warn the ruling could have broader implications nationwide, as Trump and Secretary of Defense Pete Hegseth may appeal, potentially involving the Ninth Circuit Court of Appeals and even the U.S. Supreme Court. 

Critics suggest similar deployments in other major cities could face legal challenges under the same framework, according to Fox News.

Breyer repeatedly questioned whether protective deployments fall under the Posse Comitatus Act. 

“In other words, we’re going to see federal officers everywhere if the president determines there’s a threat to the safety of federal agents? That’s what you’re saying the law is,” he asked. 

The administration maintained that the law does not apply in these circumstances. 

The case underscores the ongoing tension between federal authority and state control over military forces, particularly in politically contentious contexts like immigration enforcement. 

Most National Guard members have been demobilized, though hundreds remain in California, highlighting the continuing stakes of executive power in maintaining public order.

The post Clinton-Appointed Judge Rules Trump Exceeded Authority in California National Guard Deployment appeared first on Resist the Mainstream.