A federal judge has ruled that former President Donald Trump broke the law when he deployed thousands of National Guard members and several hundred Marines to California during anti-ICE protests.
U.S. District Judge Charles Breyer, a Clinton appointee, said Trump and Defense Secretary Pete Hegseth violated the Posse Comitatus Act, a law dating back more than 150 years that restricts the use of military forces in domestic law enforcement.
The judge blocked the administration from using the military in ways that cross those lines, including riot control, arrests, and traffic stops. While his order applies only to California, Breyer warned the broader strategy risked creating “a national police force with the President as its chief.”
During a three-day trial last month, Breyer repeatedly questioned whether any limits existed on a president’s authority to use military force at home. “I go back to the thing that I’m really troubled by: What limiting factors are there to the use of this force?” he asked in court.
Trump federalized about 4,000 National Guard troops and added 700 Marines to assist federal agents in June, despite fierce opposition from Gov. Gavin Newsom. Although most have since been pulled back, about 300 National Guard members remain active in the state. California attorneys said that number was still “significant” enough to violate the law.
Newsom celebrated the ruling, posting online that Trump “LOSES AGAIN.” He added: “The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL.”
The immediate impact may be limited since many troops are already demobilized, but the case could carry national consequences. Trump and Hegseth have also sent National Guard units to Washington, D.C., and have threatened similar actions in Chicago and other Democratic-led cities. The Justice Department is expected to appeal the decision, which could push the case to the Ninth Circuit and possibly the Supreme Court.
One witness, Major General Scott Sherman, testified that National Guard troops had received training on the Posse Comitatus Act, which Breyer said showed its relevance. The Trump administration had argued the law didn’t apply. Earlier, the Ninth Circuit temporarily lifted one of Breyer’s emergency orders that gave control of the Guard back to Newsom, but the same court will now likely weigh in again on this narrower ruling.
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Author: Mike Vance
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