SAN FRANCISCO (AP) — A federal judge ruled Tuesday that President Donald Trump’s administration “willfully” broke federal law by sending National Guard troops to the Los Angeles area in early June after days of protests over immigration raids.
In the 52-page ruling, U.S. District Judge Charles Breyer in San Francisco noted Trump and Defense Secretary Pete Hegseth have stated their intention to deploy National Guard troops to other cities across the country, including Oakland and San Francisco, and that raises concerns they are “creating a national police force with the President as its chief.”
Breyer did not require the 300 remaining soldiers to leave but pointed out they received improper training and ordered the administration to stop using them “to execute the laws.” The order that applies only to California will take effect Sept. 12.
The White House indicated the government plans to appeal.
“Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” White House spokeswoman Anna Kelly said in a statement.
It was unclear if the order could set a precedent that could impact plans by Trump, who has discussed National Guard deployments in Democratic-led cities like Chicago, Baltimore and New York. Trump has already deployed the guard as part of his unprecedented law enforcement takeover targeting crime, immigration and homelessness in Washington, where he has direct legal control over the District of Columbia National Guard.
Judge says administration is violating the law
Breyer said in his ruling that the Trump administration used troops for functions that were barred by their own training materials, refused to “meaningfully coordinate with state and local officials” and “‘coached’” federal law enforcement agencies on the language to use when requesting the Guard’s assistance.
He said the government knew “they were ordering troops to execute domestic law beyond their usual authority” in using “armed soldiers ( whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles.”
Breyer barred troops from such actions, including making arrests, searches, acting as informants and collecting evidence.
Ruling follows California lawsuit
California sued over the deployment of troops, saying it violates the Posse Comitatus Act, a 1878 law that prohibits military enforcement of domestic laws. Lawyers for the Trump administration argued the Posse Comitatus Act doesn’t apply because the troops were protecting federal officers, not enforcing laws, and that the president had the authority to call on the troops. Trump federalized members of the California National Guard under section 12406 of Title 10, which allows the president to call the guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is otherwise unable “to execute the laws of the United States.”
The deployment appeared to be the first time in decades that a state’s national guard was activated without a request from its governor, a significant escalation against those who have sought to hinder the administration’s mass deportation efforts.
Thousands of protesters took to the streets in response, blocking off a major freeway and setting self-driving cars on fire as law enforcement used tear gas, rubber bullets and flash bangs to control the crowd.
Democratic Gov. Gavin Newsom said in a statement the court sided with democracy. “No president is a king — not even Trump — and no president can trample a state’s power to protect its people,” he said.
Trump administration has talked of more deployments
Trump has pushed the bounds of typical military activity on domestic soil, including through the creation of militarized zones along the U.S.-Mexico border.
Asked by reporters Tuesday in the Oval Office about sending National Guard troops to Chicago, Trump said, “We’re going in,” but added, “I didn’t say when.”
“I have an obligation,” the president added. ”This isn’t a political thing.”
Democratic Illinois Gov. JB Pritzker and Chicago Mayor Brandon Johnson have pushed back, saying crime has fallen in Chicago. They are planning to sue if Trump moves forward with the plan.
Ret. Army Lt. Col. Daniel Maurer, an associate professor at Ohio Northern University College of Law, said presidents have federalized the National Guard to address widespread unrest and to desegregate schools but the Trump administration’s example is “certainly the most aggressive use of the military domestically when the facts to support them are extremely weak.”
He said the ruling could give a roadmap to other states.
Troops joined federal law enforcement in Southern California
Roughly 4,000 National Guard soldiers and 700 Marines were deployed to Los Angeles before all but 300 soldiers were withdrawn.
The soldiers marched at MacArthur Park in downtown Los Angeles, which was intended as a show of force. They also accompanied federal immigration officers on raids at two state-licensed marijuana nurseries in Ventura County, Army Maj. Gen. Scott Sherman testified.
Sherman, who initially commanded the troops, testified during the second day of the trial that he raised concerns the deployment could violate the Posse Comitatus Act.
He said soldiers were given materials that included a list of activities prohibited by the act.
Sherman said he was told by his superiors that there was a “constitutional exception” that permitted such activities when the troops are protecting federal property or personnel.
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This story has been corrected to show the judge’s order goes into effect Sept. 12 and that he is in San Francisco, not Washington.
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Associated Press writers Lindsay Whitehurst in Washington, Sudhin Thanawala in Atlanta and Mike Catalini in Trenton, N.J., contributed to this story.
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