Court determines Trump broke military law by deploying National Guard in California

Judge Rules Trump’s Use of National Guard in California was Illegal

A judge determined on Tuesday that President Donald Trump’s actions were unlawful when he mobilized the National Guard and deployed a small contingent of Marines to address protests related to immigration enforcement in California.

Judge Charles Breyer’s ruling stems from a three-day trial held last month, where he raised questions about restrictions on the president’s authority to deploy military forces within the country.

“I’m really concerned. What limitations exist on this power?” Breyer posed during the proceedings.

In June, Trump authorized the deployment of around 4,000 National Guardsmen to assist federal authorities in California amid significant opposition from Democratic Governor Gavin Newsom.

Breyer’s ruling comes as most of the National Guard troops have since returned to their regular duties, though California’s legal representatives noted that about 300 personnel still remain, which they argued constitutes a “significant” number.

“That’s certainly enough personnel to potentially violate the Congress’ Posse Comitatus Act,” said a state attorney during the trial.

While this ruling might lessen its immediate impact on California, the situation could still have broader implications. Trump’s administration continued to send National Guard members to Washington, D.C., as part of efforts to combat crime in other Democratic-led cities. The administration is expected to appeal Breyer’s decision, which might also engage the U.S. Court of Appeals for the Ninth Circuit, and possibly the Supreme Court, on the unconventional use of the National Guard.

Breyer, a retired appointee from Clinton’s era, indicated that Trump’s actions violated the 150-year-old Posse Comitatus Act, which generally prohibits military involvement in domestic law enforcement.

One key witness, Major General Scott Sherman, who oversaw National Guard operations in California, testified that troops were trained to adhere to the Posse Comitatus Act, emphasizing the relevance to the case. However, the Trump administration contended that the law does not apply in this context.

The judge’s decision has temporarily halted an emergency order from the Ninth Circuit Court issued in June, directing Trump and the Secretary of Defense to return control of the National Guard to Governor Newsom.

The appeals court noted the necessity for caution when reviewing presidential actions regarding National Guard deployments. The Trump administration’s intention to appeal Breyer’s ruling suggests that this contentious issue regarding military use in California will continue to unfold.