BREAKING: Federal judge rules on Trump activating National Guard in California

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From Fox News: A judge on Tuesday found that President Donald Trump acted unlawfully when he activated thousands of National Guard members and deployed a handful of Marines to address anti-Immigration and Customs Enforcement riots and protests in California.

Judge Charles Breyer said Trump, as well as Secretary of Defense Pete Hegseth, violated the Posse Comitatus Act, a 150-year-old law that says the military cannot typically engage in domestic law enforcement.

Breyer, a Clinton appointee, blocked Trump and Hegseth from using the military in a way that violates the Posse Comitatus Act.

The judge said his order only applies to California, but he noted the administration’s warnings about sending the National Guard to other blue cities across the country amount to “creating a national police force with the President as its chief.”

However, the Associated Press pointed out that despite the 52-page ruling, which is set to go into effect on Friday, Sept. 12,, Judge Breyer did not yet require the remaining troops to be withdrawn.

The Trump administration is expected to appeal the case, likely first before the U.S. Court of Appeals for the Ninth Circuit and even the Supreme Court.

The U.S. Court of Appeals for the Ninth Circuit had already slapped down one ruling by Breyer, when he issued an emergency order in June for Trump and Hegseth to give control of the National Guard back to California Gov. Gavin Newsom. The Ninth Circuit court halted that order, and potentially could do so with this one as well.

The Trump administration has responded to the ruling.

“Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction. President Trump saved Los Angeles, which was overrun by deranged leftist lunatics sowing mass chaos until he stepped in. While far-left courts try to stop President Trump from carrying out his mandate to Make America Safe Again, the President is committed to protecting law-abiding citizens, and this will not be the final say on the issue,” WH spokeswoman Anna Kelly said in a statement.

Meanwhile, Newsom is cheering in celebration over Breyer’s latest ruling.

“DONALD TRUMP LOSES AGAIN. The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL,” Newsom declared from his personal X account.

Then, from his official account, Newsom gloated: “Newsom v. Trump: a federal court granted our injunction, blocking Trump’s illegal use of the military for domestic law enforcement. The ruling is clear: Trump is breaking the law by trying to create a national police force with himself as its chief.”

Newsom’s press office wrote:

CALIFORNIANS JUST BEAT TRUMP IN COURT (AGAIN!) — bringing much needed accountability and oversight to the Trump Admin’s ILLEGAL militarization of Los Angeles.

“The Court ORDERS that Defendants [TRUMP] are enjoined from deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants”

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