National Guard Deployment Trial Begins
A three-day bench trial is set to start on Monday regarding President Trump’s deployment of the National Guard and whether it breaches a federal law that generally prohibits using federal forces for civil law enforcement.
US District Judge Charles Breyer will hear from military and immigration officials as the case centers on sending troops to address immigration protests.
This situation highlights a significant legal clash between Trump and California Governor Gavin Newsom, who has criticized the deployment as political posturing and positions himself as a counter to the president’s agenda.
Out of nearly 5,000 National Guard members sent to Los Angeles in June, only 300 remain. The trial proceeds while Newsom urges Trump to recall the remaining troops, although the Marines that were part of this effort were released last month.
“It strengthens our litigation strategy,” Newsom remarked to reporters last week, implying that their actions have strategically positioned them in the ongoing legal battle.
“These are no coincidences,” he added. “If we hadn’t taken this stand, we might not be in this position regarding troop withdrawal.”
Legal Scrutiny on Military Operations
In June, Newsom filed a lawsuit against Trump for involving the California National Guard in immigration protests that occasionally turned violent. The efforts by California Democrats to address the situation have not met with success so far.
Judge Breyer previously ruled that Trump illegally transformed the National Guard into federal troops, but this decision was quickly stayed by the 9th U.S. Circuit Court of Appeals while the administration’s appeal is pending, which could take several months.
This upcoming trial will focus on what activities the National Guard can engage in while deployed.
Newsom argues that the deployment contravenes the Posse Comitatus Act, a law from 1878 that restricts federal forces from participating in civilian law enforcement operations.
While some troops are stationed in federal buildings in Los Angeles, Newsom is concerned about troops operating alongside immigration agents, particularly after a recent violent incident resulting in a death at a cannabis farm.
The administration contends that the Posse Comitatus Act does not provide grounds for California to sue and claims that it has been superseded by newer legislation.
“Having a federal official accompanied by military personnel for protection does not equate to military involvement in law enforcement,” the administration stated in court documents.
California, however, warns that this stance allows Trump unchecked authority. “It’s not merely a provision that allows deploying a military presence in California; it undermines fundamental principles foundational to our nation,” California argued in court last week.
Witnesses and Testimonies Scheduled
The trial will feature three witnesses according to court records. Newsom plans to call Ernesto Santacruz, head of the ICE Los Angeles field office, and Major General Scott Sherman, who oversees the Army Task Force managing the deployed Guard members.
Trump’s administration intends to call Sherman as well, but hasn’t listed additional witnesses. Both sides anticipate that testimony will exceed eight hours, excluding cross-examinations.
Judge Breyer indicated that he hopes to conclude witness testimonies by Tuesday, followed by legal arguments from both parties.
The Department of Justice argued that the trial is unnecessary and requested dismissal of Newsom’s claims, but the judge rejected this motion. “Next week’s trial will proceed as planned,” Breyer ruled last week.
Significance of This Trial
This trial represents one of the first substantive legal challenges to Trump’s administration actions since he returned to office. His administration is currently facing over 300 lawsuits against various policies, many of which are undergoing expedited proceedings rather than full trials.
Breyer’s trial follows two others that took place during the summer, including a recent case involving the arrest of a pro-Palestinian activist. His court has also revisited issues tied to federal health funding.
Taking place in Breyer’s San Francisco courtroom, the Justice Department criticized California for filing the lawsuit so far from the incident’s location.
Breyer is the younger sibling of retired Supreme Court Justice Stephen Breyer, who was appointed by former President Clinton.
This trial marks a critical phase for California Attorney General Rob Bonta, who has been vocal about the number of lawsuits brought against Trump, claiming 37 cases that have recovered over $168 billion for California.
“As soon as the Trump administration respects the law and the Constitution, we’ll stop suing. It’s that straightforward,” Bonta shared with reporters last week.
