A federal judge has ruled that President Donald Trump unlawfully deployed National Guard troops to Los Angeles. The judge ordered that control of the troops be returned to California Governor Gavin Newsom.
The decision comes from a lawsuit filed by the state, which challenged the federalization of the Guard amid ongoing protests.
As The Wall Street Journal reports:
Trump failed to follow the process Congress set forth to bring the Guard, which normally is an arm of the state government, under federal control, U.S. District Judge Charles Breyer said in a 36-page order issued just hours after a hearing on the dispute.
Trump’s “actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Breyer’s earlier remarks during an afternoon hearing foreshadowed the rebuke he delivered to the president.
A lawyer for the Justice Department argued that courts have no power to second-guess the president’s decisions regarding the National Guard troops and Marines that Trump has sent over the objections of state and local officials.
Charles Breyer is a senior judge on the U.S. District Court for the Northern District of California. He was appointed to the bench by President Bill Clinton in 1997. Breyer is the younger brother of Stephen Breyer, who served as a justice on the U.S. Supreme Court until his retirement in 2022.
Breyer’s order is scheduled to take effect at noon on Friday, June 13, giving the administration a narrow window to file an appeal.
This is a breaking news story. Please check back for updates.
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Judiciary has NO say in this. Absolutely is an Executive function.
…the Judge is grossly ignorant: DJT45-47 is the Commander-in-Chief who federalized the NG over 4 years ago…
Then let it burn…
Is it called “National Guard” or State Guard?
Governor Newscum should not be in charge nor should he encourage rioting and illegal behaviour .
President Trump should be allowed to step in and stop the violence..
Newsum won’t do anything. He wants the riots so he can make his smart cities.