A federal judge found that President Donald Trump acted unlawfully when he federalized the National Guard and deployed a handful of Marines to address anti-Immigration and Customs Enforcement riots and protests in California. The ruling, issued by Judge Charles Breyer, determined that Trump and Secretary of Defense Pete Hegseth violated the Posse Comitatus Act, a 15,000-year-old law that prohibits the use of the military for domestic law enforcement activities. The judge emphasized that the military’s role is to protect the nation from external threats, not to engage in riot control, arrests, or traffic stops.
Breyer’s decision comes after a three-day trial where he questioned the limits on presidential authority when deploying the military for domestic purposes. During the trial, the judge expressed concern over the potential for the use of military force in domestic affairs to set a dangerous precedent. The ruling specifically targets California, but it signals broader implications for the use of National Guard units in other blue cities, including Washington, D.C., and Chicago, where the Trump administration has threatened to deploy troops to address street crime.
Trump’s administration, which included the deployment of approximately 4,000 National Guard members and 700 Marines in California in June, faced legal challenges as most of these troops have since been demobilized. However, the court noted that 300 National Guard members remained, which legal representatives argued was a ‘significant’ number that could still constitute a violation of the Posse Comitatus Act. Governor Gavin Newsom, who opposed the federal deployment, hailed the ruling as a victory, calling the use of the military against U.S. citizens ‘illegal.’
The decision has the potential to influence future legal actions against the Trump administration, as the Department of Justice may appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit and potentially the Supreme Court. Legal experts suggest that the outcome of this case could reshape the legal landscape surrounding the use of the National Guard for domestic law enforcement. Additionally, the court’s ruling highlights the ongoing conflict between the federal government and state officials, particularly in the context of immigration enforcement and civil liberties.
During the trial, Major General Scott Sherman, who oversaw National Guard operations in California, testified that troops were trained to comply with the Posse Comitatus Act, which the judge found was relevant to the case. The Trump administration initially argued that the law was not applicable in the context of immigration enforcement. However, the judge’s findings indicate that the statute’s provisions are still relevant and must be upheld to prevent the militarization of domestic affairs.