Judge asks if troops in Los Angeles are violating the Posse Comitatus Act

California Gov. Gavin Newsom said in his complaint that "violation of the Posse Comitatus Act is imminent, if not already underway" but Breyer last week postponed considering that allegation.

National Guard troops have been accompanying federal agents on some immigration raids, and Marines briefly detained a man on the first day they deployed to protect a federal building. The marked the first time federal troops detained a civilian since deploying to the nation's second-largest city.

Trump allowed to keep control of National Guard

Breyer found Trump acted illegally when, over opposition from California's governor, the president activated the soldiers. However, the appellate decision halted the judge's temporary restraining order. Breyer asked the lawyers on Friday to address whether he or the appellate court retains primary jurisdiction to grant an injunction under the Posse Comitatus Act.

California has sought a preliminary injunction giving Newsom back control of the troops in Los Angeles, where protests have calmed down in recent days.

Trump, a Republican, argued that the troops have been necessary to restore order. Newsom, a Democrat, said their presence on the streets of a U.S. city inflamed tensions, usurped local authority and wasted resources.

Los Angeles mayor lifts curfew after protests subside

The demonstrations appear to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents gathered at a parking lot with their faces covered, traveling in SUVs and cargo vans. The Los Angeles Dodgers organization asked them to leave, and they did.

On Tuesday, Los Angeles Mayor Karen Bass lifted a downtown curfew that was first imposed in response to vandalism and clashes with police after crowds gathered in opposition to agents taking migrants into detention.

Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is otherwise unable “to execute the laws of the United States.”

Breyer found that Trump had overstepped his legal authority, which he said allows presidents to control state National Guard troops only during times of "rebellion or danger of a rebellion."

“The protests in Los Angeles fall far short of ‘rebellion,’” wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.

National Guard stays in federal hands as lawsuit proceeds

The Trump administration argued that courts can’t second-guess the president’s decisions. The appellate panel ruled otherwise, saying presidents don’t have unfettered power to seize control of a state’s guard, but said that by citing violent acts by protesters in this case, the Trump administration had presented enough evidence to show it had a defensible rationale for federalizing the troops.

For now, the California National Guard will stay in federal hands as the lawsuit proceeds. It's the first deployment by a president of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.

Trump celebrated the appellate ruling in a social media post, calling it a “BIG WIN” and hinting at more potential deployments.

Newsom, for his part, has also warned that California won’t be the last state to see troops in the streets if Trump gets his way.

Meanwhile, Vice President JD Vance was traveling to Los Angeles on Friday to meet with U.S. Marines who also have been deployed to protect federal buildings, his office announced. Vance is a former Marine.

Credit: AP

Credit: AP

Credit: AP

Credit: AP