A federal judge expressed concerns during a hearing on Thursday that accepting claims from the Trump administration could lead to overstepping boundaries regarding the deployment of the National Guard in Los Angeles.
U.S. District Judge Charles Breyer indicated that California Governor Gavin Newsom is eager to address immediate limitations on military power later that same day.
The judge consistently highlighted that Trump’s actions represent presidential authority, not monarchy, and that his powers are confined.
“That’s the key distinction between a constitutional government and King George,” Breyer remarked.
“It’s not just about a leader saying something and it happening. It revolves around being a leader—a president or a governor—following the laws stated in the constitution,” he continued. “It’s vital for leaders to act within those frameworks; otherwise, they are not fulfilling their constitutional roles.”
Breyer seemed inclined to agree with Newsom regarding the legal shortcomings of Trump’s actions, but was uncertain whether to prohibit the president’s directives or give the administration a chance to implement proper procedures.
Simultaneously, Breyer expressed doubt about the deployment of 700 Marines, who were sent to aid thousands of security personnel currently on the ground.
The Trump administration contends that Breyer lacks the authority to assess the deployment of the National Guard, asserting it falls solely under the president’s discretion.
Justice Department attorney Brett Schmate claimed that Trump does not need Newsom’s approval to mobilize the guard, referring to the governor as “a mere conduit.” He stated that the president isn’t required to consult the governor before calling in the National Guard.
“As the head of the military, there’s one commander. When the president makes a decision, the state is subordinate to that decision,” Schmate explained.
Newsom and California Attorney General Rob Bonta argued that the president must secure Newsom’s consent before deploying the National Guard.
“This suggests you have no respect for the checks and balances,” state lawyer Nicholas Greene remarked.
In response to ongoing demonstrations calling him a “king,” Trump stated on Thursday that he doesn’t feel like one. This coincided with a military parade celebrating the 250th anniversary of the U.S. military.
“I have to jump through hoops to get what’s approved,” Trump noted.
Throughout the hearing, Breyer returned to the topic of monarchy, attempting to find a way to support Trump without granting him unchecked powers.
“What makes America exceptional is the vigorous debate about our constitution and the perspectives of our citizens,” the judge stated.
