Federal judge: Trump violated military law with National Guard activation in California
A federal judge ruled that President Donald Trump violated the law when he federalized the National Guard and deployed them to assist ICE. Also addressed in the case were the Marines sent to assist ICE. California argued that their use was a violation of the Posse Comitatus Act. The Trump Administration is more than likely going to appeal this case.
From Fox News:
A judge on Tuesday found that President Donald Trump acted unlawfully when he federalized the National Guard and deployed a handful of Marines to address anti-Immigration and Customs Enforcement riots and protests in California.
Judge Charles Breyer’s opinion echoed remarks he made during a three-day trial last month when he questioned if presidents have any limits on when they can use the military for domestic purposes.
“I go back to the thing that I’m really troubled by: What limiting factors are there to the use of this force?” Breyer asked during the trial.
Trump federalized about 4,000 National Guard members in June to support federal authorities in California as they carried out immigration raids, despite Democratic Gov. Gavin Newsom’s vehement objections.
Breyer’s decision comes as most of the National Guard members have since been demobilized. Attorneys for California said during the trial, though, that 300 of them remained, which they argued was a “significant” number.
“That’s certainly a large enough number of soldiers to constitute a Posse Comitatus Act violation,” a state attorney said.
While the judge’s decision may have minimal impact on the ground in California, the case could still have nationwide implications as Trump and Secretary of Defense Pete Hegseth deploy National Guard members in Washington, D.C., and threaten to do so in other blue cities to address street crime. The Trump administration is likely to appeal Breyer’s decision, which could result in the U.S. Court of Appeals for the Ninth Circuit and even the Supreme Court weighing in on the administration’s unconventional use of the National Guard.
Additional Reading:
Oliver, A. (2025, September 2). Federal judge rules Trump violated military law by activating National Guard in California. Fox News. Link.
Category: Donald Trump, Marines, National Guard, Society
This is really just too stooopid to comment on. Why would anyone (unless they are eaten up with TDS) complain about the president helping to make cities safer by employing more resources. I realize that Orangeman is bad in their eyes and would be even if he cured cancer, but this is getting ridiculous.
Because they are eaten up with TDS.
Well, duh…
Specifically, what is the number that doesn’t cross the threshold?
If indeed a posse comitatus violation, probably one is too many. The question is the limits on posse comitatus as 5JC shows below. Could he have brought in additional ICE agents from other places instead? The judge is probably saying so, the administration seems to be saying it could not. It isn’t over.
I was curious about that myself. Either the act of deploying the guard violates posse comitatus, or it does not. The numbers deployed shouldn’t matter.
Funny how no one made this argument in response to the Rodney King LA riots where large portions of the city were on fire and being looted.
That is because the law was definitively followed. Mayor Bradley requested support from the Governor, who sent National Guard Troops. When Gov Wilson was unable to contain the riots, he in turn requested assistance from the President Bush under the Insurrection Act.
The NG was then federalized and a large number of Federal Officers were sent in to provide support. I was enlisted at Ft. Bragg at the time and there was talk of sending parts of XVIII Airborne Corp to provide support. It never materialized, partly because Bush was getting a lot of push back at least in part from his badly misunderstood “NWO speech”.
Easy peasy solution (although the Kalifornication DildoCrats won’t like it)….Sure, de-activate the National Guard. But at the same time, remove ALL FedGov funding that flows into the state. Highway, school, Medicare/MedicAid, etc. Let the state drown in their own now non-funded hubris.
At the same time, authorize the distribution of arms and ammo for all military posts, for perimeter guards to be stationed everywhere, with a simple RoE; if it attempts to/crosses the perimeter, shoot to kill, leave the bodies for the buzzards.
Buzzards gotta eat too!
“The hell with them fellas, *PTUI*, buzzards gotta eat the same as worms.” – Josey Wales
Under 10 U.S.C. § 12406, the President may place a state’s National Guard under federal command if (1) the United States is invaded, (2) there is a rebellion or danger of rebellion against federal authority, or (3) the President is unable to enforce federal law with existing forces. Once federalized under Title 10, National Guard personnel are treated as active-duty military and become subject to the Posse Comitatus Act.
Seems pretty clear to me that he was unable to enforce immigration law in regards to deportation with “existing forces”. Hence the 10K recruitment effort for ICE. How someone could believe that they could have done their job otherwise is a mystery to me.
At this point there should just be one blanket ruling, everything orange man does, thinks, tweets or acts upon is inherently unconstitutional and illegal thereby proving that orange man really is modern Hitler and most assuredly, a fascist.
God, the money burned through just paying lawyers…… holy frikin crap….
Soros has the money.
And he needs to be in jail…
Talk about an ACTUAL nazi…
Hey, he was only complicit in confiscating the property of Jews for the Nazi’s. His excuse is perfectly reasonable: Hey, if I didn’t do it, someone else would have anyway.
Absofreakinglutely!
I have memory of a black and white photo depicting NG
soldiers putting down a riot back in the 60’s.
They stood in formation with M1 Garrands at fixed bayonet.
Cannot document but cannot forget it.
I remember that photo, too.
1960s? Kent State?
Dunno but good guess.
There were lots of photographs of that type in the ’60s. I remember one of a machine gun position on the steps of the Lincoln Memorial during one of the riots.
I was at Fort Dix, NJ in 1966, and my AIT company trained for an expected riot (in Wrightstown, I believe). Fixed bayonets & M17 Protective Masks were uniform of the day along with our khakis. We also wore combat boots and bloused our trousers.
There were multiple instances of the Guard being used during the end of segregation in the South IIRC.
FUCK these liberal obstructionist judges. Maybe they need to be dragged off the fuking bench and sent to a vacation spot where they can get their mind right.
That would be Unconstitoooootionuhl!!!!!
It seems like EVERY time Donald Trump succeeds in making the left look like the shit they are, some liberal twit of a lawer seeks out the liberal Fed Judge of their choice to issue the order they want, most of which aren’t even worth a drop of fresh roach shit!
True, but it does slow the process down. And personally, that’s all they really want at a minimum. Better if they can make it stick.
Has anybody heard from congress concerning funding for these judges?
Court decisions exposing their hypocrisy is not the big favor the left thinks it is. This is 2025 and NBC only preaches to their choir. They no longer can control the narrative. Certain people in the middle can see what is going on with their own lying eyes.
If it works, it works.