A federal judge has delivered a stinging rebuke to the Trump administration, declaring its deployment of California National Guard troops to Los Angeles unlawful. U.S. District Judge Charles Breyer ruled the White House violated statutory requirements by bypassing Governor Gavin Newsom’s authority, ordering the immediate return of control to state officials. The administration quickly filed an appeal, triggering an automatic stay until Friday’s deadline.
In a packed San Francisco courtroom, Judge Breyer emphatically rejected Justice Department claims that President Trump could unilaterally commandeer state guard units. “The president isn’t the commander-in-chief of the National Guard,” declared Breyer, brandishing a pocket Constitution during the hearing.
The ruling cites the 1878 Posse Comitatus Act and the 1956 Montgomery Amendment as establishing clear boundaries on federalizing state militias without gubernatorial consent.
Trump’s administration had invoked 10 U.S. Code § 251, allowing federalization during insurrections, to justify sending 4,000 guardsmen and 700 Marines to support ICE operations. California’s lawsuit countered that ongoing protests – resulting in 300 arrests and freeway closures – failed to meet the legal threshold of rebellion. “Los Angeles has weathered far worse civil disturbances without federal military intervention,” stated the state’s 42-page filing, referencing the 1992 Rodney King riots.
Political Firestorm Erupts Over Troop Use
Governor Newsom hailed the decision on social media, asserting “the military belongs on the battlefield, not on our city streets.” Meanwhile, White House officials doubled down on claims that “antifa radicals” threatened federal personnel conducting immigration enforcement. The controversy marks the first unilateral presidential deployment of guard units since Eisenhower sent troops to integrate Arkansas schools in 1957.
With Trump vowing to “fight all the way to SCOTUS” and California threatening to withhold National Guard funding, the stage is set for a prolonged states’ rights battle during election season.
