President Donald Trump’s administration “willfully” violated federal law by sending National Guard troops to the Los Angeles area in early June after immigration raids prompted days of protests, a federal judge ruled on Tuesday.
In a scathing 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Breyer did not require the 300 remaining troops to be withdrawn but pointed out they received improper training and ordered Trump’s Republican administration to stop using them “to execute the laws.” He set the order to go into effect Sept. 12.
The White House indicated the government plans to appeal.
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The order comes after California sued, saying the troops sent to Los Angeles over the summer were violating a law that prohibits military enforcement of domestic laws. Lawyers for the Trump administration have argued the Posse Comitatus Act doesn’t apply because the troops were protecting federal officers, not enforcing laws. They say the troops were mobilized under an authority that allows the president to deploy them.
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Trump federalized members of the California National Guard under a law that 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.”
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