Welcome back from a holiday weekend. We're starting the work week off with a breaking story out of California that may not be terribly surprising, but is rather stunning nonetheless. In a 52-page decision, Northern District of California District Court Judge Charles Breyer has rendered his judgment in the case involving the Trump administration's deployment of the National Guard to Los Angeles in June and found that the administration violated the Posse Comitatus Act.
Breyer's prior rulings in this case have largely favored California Governor Gavin Newsom in the challenge he mounted to the administration's moves in the wake of riots over its immigration enforcement efforts in Los Angeles. This latest is the culmination of a multi-day bench trial held before him in August.
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In his decision, Breyer concludes:
Nevertheless, at Defendants’ orders and contrary to Congress’s explicit instruction, federal troops executed the laws. The evidence at trial established that Defendants systematically used 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. In short, Defendants violated the Posse Comitatus Act.
Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there. Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country—including Oakland and San Francisco, here in the Northern District of California—thus creating a national police force with the President as its chief. Because there is an ongoing risk that Defendants will act unlawfully and thereby injure Plaintiffs, Governor Newsom and the State of California, the Court ENJOINS Defendants from violating the Posse Comitatus Act as detailed below.
There will be more to unpack with this one — and we can expect a swift appeal of the judgment to the 9th Circuit — where the case currently remains on appeal over the temporary restraining order previously issued by Breyer.
RedState will continue to follow the case and provide updates as warranted.
Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.
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