Federal judge asks if National Guard deployment in Los Angeles violates Posse Comitatus Act
This comes as California's challenge to President Donald Trump's deployment of troops to respond to anti-ICE protests in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing. That followed an appeals court handing the Trump administration a victory in the case, with the 9th Circuit appellate panel allowing the president to keep control of National Guard troops he sent to quell riots.
U.S. District Judge Charles Breyer did not issue any additional rulings but asked for briefings from both sides by noon Monday on whether the federal department violated the Posse Comitatus Act.
California Gov. Gavin Newsom, a Democrat, said in his complaint that "violation of the Posse Comitatus Act is imminent, if not already underway" but last week, Breyer delayed considering that allegation.
Vice President JD Vance, who traveled to Los Angeles on Friday to meet with deployed troops, argued that the court said Trump's reason for sending in federal troops "was legitimate" and that he would do it again if needed.
"The president has a very simple proposal to everybody in every city, every community, every town whether big or small, if you enforce your own laws and if you protect federal law enforcement, we're not going to send in the National Guard because it's unnecessary," Vance told reporters.
National Guard troops have been accompanying federal agents on some immigration raids over the anti-ICE demonstrations, and Marines briefly detained a man on the first day they deployed to protect a federal building, marking the first time federal troops have detained a civilian since deploying to Los Angeles.
Breyer found Trump acted illegally when Trump deployed troops despite opposition from Newsom. But the appellate ruling halted the judge's temporary restraining order.
On Friday, Breyer asked the lawyers to address whether he or the appellate court retains primary jurisdiction to grant an injunction under the Posse Comitatus Act.
California has requested a preliminary injunction returning the control of troops in Los Angeles, where protests have calmed down in recent days, back to Newsom.
Trump argued that the troops are needed to restore order, while Newsom said their presence on the streets escalated tensions and wasted resources.
Breyer said Trump had overstepped his legal authority, which he noted 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,'" Breyer said.
The administration argued that courts cannot second-guess the president's decisions. The appellate panel ruled that presidents do not have unchecked power to seize control of a state's National Guard, but also said that by pointing to violent acts by protesters in this case, the administration had presented enough evidence to show it had reason for federalizing the troops.
The California National Guard will stay under federal control, at least for now, as the lawsuit proceeds.
This is the first federal deployment of a state National Guard without the governor's permission since troops were sent to protect Civil Rights Movement marchers in 1965.
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