A federal judge issued a sweeping order blocking President Donald Trump’s unprecedented seizure of California’s National Guard, calling the move illegal and a “dangerous precedent”.
U.S. District Judge Charles Breyer ruled Thursday that Trump violated federal law and the U.S. Constitution when he seized control of the California National Guard to respond to largely peaceful protests in Los Angeles without the governor’s consent.
“His actions were illegal – both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution”, Breyer ruled. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith”.
The order, which temporarily blocks the deployment of Guard troops in Los Angeles and directs that control be returned to California Governor democrat Gavin Newsom, marks a stunning rebuke of the Trump administration’s attempt to use military power in domestic law enforcement without state approval.
Breyer found that Trump failed to follow the required process under Title 10 U.S.C. § 12406, which mandates that activation orders be issued “through the governors”. Instead, Breyer wrote, Trump and Defense Secretary Pete Hegseth “circumvented the Governor (and thus, the procedure mandated by statute) from the outset”.
The judge dismissed the administration’s claim that it had the unilateral authority to deploy troops against the will of a state.
“That alone threatens serious injury to the constitutional balance of power between the federal and state governments,” Breyer warned. “It sets a dangerous precedent for future domestic military activity”.
The order notes that continuing to deploy federal troops in Los Angeles “would further entrench this harm”.
“Plaintiffs and the citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city”, Breyer concluded. “It not only inflames tensions with protesters, threatening increased hostilities and loss of life, but deprives the state for two months of its own use of thousands of National Guard members”.
The order is effective immediately but is stayed until noon on Friday to allow the federal government to respond.
“The court just confirmed what we all know: The military belongs on the battlefield, not on our city streets. End the unnecessary militarization of Los Angeles now, Donald Trump”, Newsom posted online immediately following the ruling. “Refusing to do so will only confirm your authoritarian tendencies”.
Breyer also ordered the federal government to show cause why a preliminary injunction should not be issued at a follow-up hearing scheduled later this month.
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