Judge asks if troops in Los Angeles are violating Posse Comitatus Act
U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides by noon Monday on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
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.
The hearing comes a day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids.
The appellate decision halted a temporary restraining order from Breyer, who found Trump acted illegally when he activated the soldiers over opposition from California Gov. Gavin Newsom. Breyer also 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 returning control to Newsom 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.
The demonstrations have appeared to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents with their faces covered, traveling in SUVs and cargo vans, had gathered at a parking lot. The Los Angeles Dodgers organization asked them to leave, and they did.
On Tuesday, Los Angeles Mayor Karen Bass lifted a curfew in downtown Los Angeles 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.
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. 'All over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done,' Trump wrote.
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. 'The President is not a king and is not above the law. We will press forward with our challenge to President Trump's authoritarian use of U.S. military soldiers against citizens,' Newsom said.
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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Reuters
21 minutes ago
- Reuters
US appeals court upholds Arkansas law banning youth transgender care
Aug 12 (Reuters) - A federal appeals court on Tuesday upheld an Arkansas law barring doctors from providing gender-affirming care including puberty blockers, hormones and surgery to transgender minors. The 8-2 decision, opens new tab by the St. Louis-based 8th U.S. Circuit Court of Appeals overturns a lower court ruling. It also follows the U.S. Supreme Court's June ruling holding that Tennessee's similar ban did not discriminate based on sex or transgender status. Citing that ruling, the 8th Circuit's majority agreed with Arkansas' Republican attorney general that the law did not violate transgender minors' equal protection rights under the U.S. Constitution. The 8th Circuit also went further than the Supreme Court, which has a 6-3 conservative majority, by deciding an unresolved legal issue of whether such bans violate parents' rights to provide appropriate medical care for their children. Lawyers for the plaintiffs -- a group of minors, parents and healthcare professionals -- argued the Arkansas law violated parents' due process rights under the U.S. Constitution's Fourteenth Amendment. But U.S. Circuit Judge Duane Benton, writing for the majority, cited a lack of historical support for the argument that parents have a right to obtain medical treatment for their children that a state legislature deems inappropriate. "This court finds no such right in this Nation's history and tradition," Benton wrote in an opinion joined by seven fellow appointees of Republican presidents. U.S. Circuit Judge Jane Kelly, an appointee of Democratic former President Barack Obama, dissented along with another judge, citing a "startling lack of evidence connecting Arkansas' ban on gender-affirming care with its purported goal of protecting children." "This is a tragically unjust result for transgender Arkansans, their doctors and their families," said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, which represented the plaintiffs. The decision overturns a ruling by a lower-court judge in 2023 who had declared the law unconstitutional after previously blocking it from taking effect in 2021. That year, Arkansas became the first U.S. state to ban gender-affirming care for minors. The Republican-led legislature passed the ban over the veto of then-Governor Asa Hutchinson, also a Republican. Since then, a slew of other Republican-led states have passed similar laws. Such policies are now in place in 25 states. The 10th U.S. Circuit Court of Appeals last week upheld Oklahoma's own ban, citing the Supreme Court's ruling.
Reuters
23 minutes ago
- Reuters
Russia is suspected to be behind hack of US federal court filing system, New York Times reports
WASHINGTON, Aug 12 (Reuters) - Investigators have uncovered evidence that Russia is at least in part responsible for a recent hack of the computer system that manages U.S. federal court documents, the New York Times reported on Tuesday, citing several people briefed on the breach.
The Independent
23 minutes ago
- The Independent
MAGA commentator pleads for Trump to give ‘Big Balls' the Medal of Freedom after DC assault
MAGA commentator Benny Johnson has drawn ridicule online after suggesting that former DOGE employee 'Big Balls' be given the Presidential Medal of Freedom, after the teenager was violently assaulted in Washington, D.C. Johnson, who has contributed to several conservative and right-wing media outlets such as Breitbart News, even described the actions of Edward Coristine as 'heroic.' The 19-year-old was left bloodied last weekend in an apparent attempted carjacking. Donald Trump later shared a photo of Coristine on Truth Social Tuesday, claiming crime was 'out of control' in D.C. 'Given the heroic actions of a member of the administration just blocks from this building, will the president consider giving the Presidential Medal of Freedom to 'Big Balls'?' Johnson asked at a White House press conference Tuesday. Laughing, press secretary Karoline Leavitt replied: 'I haven't spoken to him about that, but perhaps it's something he would consider.' The Presidential Medal of Freedom is considered the U.S. government's highest civilian honor, and is typically presented to individuals in recognition of a lifetime of significant achievements in the arts, public service, science, or other fields. Clips of Johnson's question prompted consternation and outrage online, with one user commenting simply: 'What a joke.' 'We live in the most unserious timeline,' added another, with another user questioning: 'Is this real life?' Others laid into Johnson as a 'mouthpiece' for Trump and the administration, questioning his journalistic integrity. '@bennyjohnson had the privilege to ask a question and this is the question he asked,' wrote one user. 'why should we take these people seriously. I feel bad and embarrassed for the journalists in that room.' Others reacted with joy, including Bo Loudon, a MAGA Gen-Z influencer and purported 'best friend' of Barron Trump, who reposted an AI-generated meme of Trump presenting Coristine with the Medal of Freedom – that was created before the teenager 's assault. 'This meme just may become a reality. God bless President Trump and 'Big Balls!'' Loudon wrote. Coristine was with an unnamed woman in downtown D.C. at 3 am on Sunday August 3 when a group of juveniles approached their car, according to the police report of the incident. When they refused to hand over the vehicle the 19-year-old was assaulted. During the attack, an MPD cruiser pulled up, prompting the attackers to flee. Two 15-year-olds, a male and a female, were arrested and subsequently charged with unarmed carjacking. News of the attack prompted outrage from Trump, who posted a lengthy rant about the state of law and order in the U.S. Capitol, though he did not name Coristine in the post. The president on Monday announced a federal takeover of the D.C. Metropolitan Police, in response to what he called 'bedlam.' Coristine received much media attention over his unusual nickname, which reportedly caught the eye of Elon Musk on LinkedIn, who subsequently hired him to work at DOGE.
