A federal judge in California ruled Thursday that President Donald Trump must return control of the California National Guard, finding that the federalization of the guard over the weekend in response to Los Angeles protests likely violated federal law and the Constitution.
Judge Charles Breyer of the U.S. District Court for the Northern District of California wrote in an order that Trump’s move did not meet the standards laid out by the law, which required a “rebellion” or that the president was unable to carry out federal law — which the at-times violent protests over the weekend did not reach.
Breyer, in granting a temporary restraining order, directed Trump to return control of 4,000 members of the state guard to Gov. Gavin Newsom, but delayed the effect of his ruling until noon Friday.
Later Thursday, the U.S. Court of Appeals for the 9th Circuit granted a brief administrative pause of Breyer’s ruling while an appeal plays out, after a Trump administration request.
Breyer wrote that Trump’s actions likely violated a law passed by Congress that laid out the conditions for taking control of a state’s guard contingent as well as the 10th Amendment, which is meant to reserve state power in the federalist system.
“His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote.
Breyer, the brother of retired Supreme Court Justice Stephen Breyer, issued the ruling following a brief hearing Thursday and set a further hearing in the case for next week.
Breyer wrote that there were multiple problems with Trump’s invocation of the law, which requires extreme circumstances and to work in conjunction with a state governor in response.
“While Defendants have pointed to several instances of violence, they have not identified a violent, armed, organized, open and avowed uprising against the government as a whole,” Breyer wrote.
California Attorney General Rob Bonta told reporters Thursday night that the ruling was a “very important step forward” in the case, which he emphasized would still go on.
“Trump’s actions were illegal, they trampled on state sovereignty, escalated tension on the ground and promoted rather than quelled unrest,” Bonta said.
During Thursday’s hearing, Breyer repeatedly pointed to constitutional restrictions on the presidency, and said that the Constitution gave Congress the power to say when the National Guard is called into federal service.
“Congress has said this is the way you call the National Guard, this is the way the National Guard comes into federal service,” Breyer said.
During Thursday’s hearing, Justice Department attorney Brett Shumate said that the statute “exudes deference” to the president and that courts should not be able to review a president’s decision to federalize state troops.
“That is an inherently political question that is not something for the courts to decide,” Shumate said.
California argued that Trump violated the law governing the handoff of National Guard troops, inflaming tensions in Los Angeles and leaving those same units unable to respond to wildfires and other emergencies.
Federalizing California’s National Guard is separate from the Marines Trump had deployed to the city or California’s allegations that Trump’s moves have violated the Posse Comitatus Act, an 1878 law that bars the use of the military for domestic law enforcement.
Trump has sought a militarized response to protests and violence as part of a broader immigration crackdown, and publicly mulled invoking the Insurrection Act, a rarely used law which would give him broad powers to use military forces for domestic law enforcement, despite the Posse Comitatus Act.
On social media and in public appearances, Trump and administration officials have asserted the city was “burning” and would have descended into chaos without further assistance.
“Incompetent Gavin Newscum should have been THANKING me for the job we did in Los Angeles, rather than making sad excuses for the poor job he has done. If it weren’t for me getting the National Guard into Los Angeles, it would be burning to the ground right now!” Trump posted on social media Thursday.
Breyer said he would not grant an order against the Trump administration on the deployment of Marines or on the Posse Comitatus Act in Thursday’s order.
The case is Gavin Newsom et al. v. Donald J. Trump et al.
The post Judge orders Trump to return control of California National Guard appeared first on Roll Call.
