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Ladybbird · 13-06-25, 07:25

FED Judge Rules Trump ILLEGALLY Deployed National Guard Troops to Los Angeles

Temporary restraining order issued by judge, which has been paused by appellate court, says president overstepped authority

The Guardian 13 JUN 2025

A federal judge ruled Donald Trump illegally deployed the California national guard to suppress protests against immigration raids in Los Angeles and ordered the force to be returned to the control of the state governor, Gavin Newsom.

The order by the US District Judge Charles Breyer, a former Watergate prosecutor, marked a major defeat for the Trump administration although it was paused by a three judge panel at the US court of appeals for the ninth circuit while they assess the case.

Regardless of whether the appeals court upholds Breyers ruling after its emergency hearing set for 17 June over Zoom, the matter is certain to become a pitched legal and political battle destined to reach the US supreme court.

In issuing a temporary restraining order against Trump, Breyer found the president had failed to show there was a rebellion in Los Angeles that required him to federalize the guard and failed to comply with the procedural steps to notify the governor.

His actions were illegal both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor, Breyer wrote.

The request for the injunction is part of a lawsuit filed by the state of California challenging Trumps move to call up more than 4,000 national guard troops and about 700 active duty marines based in Twentynine Palms, California, over Newsoms objections.

Our success today in court is a win for all Americans, Newsom said in a statement shortly after the order. The presidents action to turn the military against its own citizens threatened our democracy and moved us dangerously close to authoritarianism.

The decision came hours after a hearing in federal district court in San Francisco where the justice department argued Trump had the sole and unreviewable power to decide whether there was a rebellion that needed federal intervention.

Breyer rejected both arguments in his sweeping 36 page opinion, effectively rebuking the justice department for trying to suggest the conditions to take control of the guard had been met as long as Trump had decided himself that was the case.

The presidents discretion in what to do next does not mean that the president can unilaterally and without judicial review declare that a vacancy exists in order to fill it. That is classic ipse dixit, Breyer wrote, adding that the definition of rebellion had clearly not been met.

Breyer was also skepticalof the justice departments contention that Trump had followed the procedural step of ordering the guard through the governor by only directly notifying the adjutant general of the California national guard, to whom Newsom had delegated authority.

Regardless of whether Defendants gave Governor Newsom an opportunity to consult with them or consent to the federalization of Californias National Guard, they did NOT issue their orders through him, Breyer wrote

He is the younger brother of retired Supreme Court Justice Stephen Breyer..

National Guard in LA Judge Orders Trump to Return Control to California -Gov. Newsom Responds

https://www.youtube.com/watch?v=5KemI6VjYxg

RELATED:
Trump Keeps Losing,,, Our Federal Judges Are Points Of Light Amidst The Darkness
https://www.youtube.com/watch?v=lm4ujIEgcgY

Woman Walking Alone Shot by Officers During Ice Protests in LA..

A witness caught the moment on camera and ran to help the woman before they were shot at again and told to move.

https://www.youtube.com/watch?v=Cr7K1PKwY5g

Nine Reporter Shot With Rubber Bullet at LA Protest
https://www.youtube.com/watch?v=2KfxDsFdwBM

MORE:
National Guard in LA Left Hanging With NO Pay From TRUMP/Pete Hegseth, And No Support From Locals....

In Donald Trumps haste to federalize California National Guard troops to hit the streets of Los Angeles to protect ICE agents grabbing immigrants, the Pentagon has dropped the ball on providing the paperwork that would get them paid and activate their benefits

In interviews with more than a dozen of those deployed, Military.com found frustration that the Department of Defense, under Secretary Pete Hegseth, is not upholding its obligation to provide their formal activation orders, the critical paperwork that not only authorizes their duty status, but also unlocks pay, Tricare health benefits and eligibility for Department of Veterans Affairs benefits.

The report notes that the hasty move to send the Guard to LA, bypassing a request from Gov. Gavin Newsom, is a contributing factor to the snafu.

13-06-25, 07:25	#16
Ladybbird Join Date: Feb 2011 Posts: 50,637 Thanks: 28,768 Thanked 14,429 Times in 10,235 Posts Awards Showcase Total Awards: 8	FED Judge Rules Trump ILLEGALLY Deployed National Guard Troops to LA FED Judge Rules Trump ILLEGALLY Deployed National Guard Troops to Los Angeles Temporary restraining order issued by judge, which has been paused by appellate court, says president overstepped authority The Guardian 13 JUN 2025 A federal judge ruled Donald Trump illegally deployed the California national guard to suppress protests against immigration raids in Los Angeles and ordered the force to be returned to the control of the state governor, Gavin Newsom. The order by the US District Judge Charles Breyer, a former Watergate prosecutor, marked a major defeat for the Trump administration although it was paused by a three judge panel at the US court of appeals for the ninth circuit while they assess the case. Regardless of whether the appeals court upholds Breyers ruling after its emergency hearing set for 17 June over Zoom, the matter is certain to become a pitched legal and political battle destined to reach the US supreme court. In issuing a temporary restraining order against Trump, Breyer found the president had failed to show there was a rebellion in Los Angeles that required him to federalize the guard and failed to comply with the procedural steps to notify the governor. His actions were illegal both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor, Breyer wrote. The request for the injunction is part of a lawsuit filed by the state of California challenging Trumps move to call up more than 4,000 national guard troops and about 700 active duty marines based in Twentynine Palms, California, over Newsoms objections. Our success today in court is a win for all Americans, Newsom said in a statement shortly after the order. The presidents action to turn the military against its own citizens threatened our democracy and moved us dangerously close to authoritarianism. The decision came hours after a hearing in federal district court in San Francisco where the justice department argued Trump had the sole and unreviewable power to decide whether there was a rebellion that needed federal intervention. Breyer rejected both arguments in his sweeping 36 page opinion, effectively rebuking the justice department for trying to suggest the conditions to take control of the guard had been met as long as Trump had decided himself that was the case. The presidents discretion in what to do next does not mean that the president can unilaterally and without judicial review declare that a vacancy exists in order to fill it. That is classic ipse dixit, Breyer wrote, adding that the definition of rebellion had clearly not been met. Breyer was also skepticalof the justice departments contention that Trump had followed the procedural step of ordering the guard through the governor by only directly notifying the adjutant general of the California national guard, to whom Newsom had delegated authority. Regardless of whether Defendants gave Governor Newsom an opportunity to consult with them or consent to the federalization of Californias National Guard, they did NOT issue their orders through him, Breyer wrote He is the younger brother of retired Supreme Court Justice Stephen Breyer.. National Guard in LA Judge Orders Trump to Return Control to California -Gov. Newsom Responds https://www.youtube.com/watch?v=5KemI6VjYxg RELATED: Trump Keeps Losing,,, Our Federal Judges Are Points Of Light Amidst The Darkness https://www.youtube.com/watch?v=lm4ujIEgcgY Woman Walking Alone Shot by Officers During Ice Protests in LA.. *A witness caught the moment on camera and ran to help the woman before they were shot at again and told to move.* https://www.youtube.com/watch?v=Cr7K1PKwY5g Nine Reporter Shot With Rubber Bullet at LA Protest https://www.youtube.com/watch?v=2KfxDsFdwBM MORE: National Guard in LA Left Hanging With NO Pay From TRUMP/Pete Hegseth, And No Support From Locals.... In Donald Trumps haste to federalize California National Guard troops to hit the streets of Los Angeles to protect ICE agents grabbing immigrants, the Pentagon has dropped the ball on providing the paperwork that would get them paid and activate their benefits In interviews with more than a dozen of those deployed, Military.com found frustration that the Department of Defense, under Secretary Pete Hegseth, is not upholding its obligation to provide their formal activation orders, the critical paperwork that not only authorizes their duty status, but also unlocks pay, Tricare health benefits and eligibility for Department of Veterans Affairs benefits. The report notes that the hasty move to send the Guard to LA, bypassing a request from Gov. Gavin Newsom, is a contributing factor to the snafu.