Judge Rules DJT Illegally Federalized and Deployed CA National Guard

Federal District Court Judge Charles Breyer issued a temporary restraining order against Donald Trump’s federalization and deployment of California National Guard troops to Los Angeles.

Breyer deemed Trump’s actions illegal and ordered control of the troops returned to California Governor Gavin Newsom, who has consistently opposed the troops’ deployment as needless and escalating rather than defusing tensions. Breyer found Trump violated the 10th Amendment and federal law.

Breyer rejected the government’s argument that the court cannot review the grounds for Trump’s federalization of the National Guard. Although the court cannot review his factual determinations, it can decide whether Trump correctly applied the laws he invoked.

One of Trump’s grounds for federalization was his assertion that the country was in rebellion. Breyer found that was actually First Amendment activity, and political free speech does not constitute a rebellion. Although some violence may occur, that is not sufficient to constitute a rebellion.

The second was that the government was unable to execute federal law without the involvement of National Guard troops. Breyer found that Trump did not adequately determine that it was not possible to execute federal law without federalizing the National Guard. Immigration and Customs Enforcement may not have detained as many immigrants as the White House thought it could have, but it was able to execute federal immigration laws.

The statute Trump used to take control of and deploy California’s National Guard says that must be done through the state’s governor. Trump did not. Just telling the governor that he was doing so is not enough to comply with the statute. It does not involve any meaningful consent.

Breyer found Trump violated the 10th Amendment by usurping the police power of the state of California.

Breyer noted that Trump’s federalization of the National Guard harms the state by depriving it of the use of those troops to, among other things, combat cross-border fentanyl trade. Trump has separately declared that fentanyl is flooding in across the border in such volume that it is a national emergency.

He ordered the plaintiffs (California) to post a bond of $100. This is a forward-thinking measure that would preserve his ability to hold the government in contempt of court if it ignores his ruling and Congress passes its budget bill, which contains a measure to cut off the court’s ability to do so unless the plaintiff has posted a bond.

The ruling was set to take effect at noon Friday.

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