Judge rules Trump illegally used California’s National Guard in Los Angeles protests; DOJ appeals the decision
CNN
President Donald Trump unlawfully federalized thousands of members of California’s National Guard and must return control of the troops to the state, a federal judge ruled Thursday.
President Donald Trump unlawfully federalized thousands of members of California’s National Guard and must return control of the troops to the state, a federal judge ruled Thursday. The ruling from senior US District Judge Charles Breyer is a significant win for Democratic Gov. Gavin Newsom, who sued Trump and Defense Secretary Pete Hegseth earlier this week after the president called the troops into federal service in the wake of protests in the Los Angeles area over Trump’s hardline immigration policies. “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 of the State of California forthwith,” the judge wrote in his 36-page ruling. Breyer is pausing his temporary restraining order until noon Friday. The Justice Department appealed the ruling minutes after it was issued. Breyer, of the federal district court in San Francisco, said Trump had not satisfied any of the requirements that must be met in order to call up members of a state’s National Guard and that the president had not complied with a procedural aspect of federal law that requires presidents to issue an order “through the governor” when they want to federalize state troops. “Regardless of whether Defendants gave Governor Newsom an opportunity to consult with them or consent to the federalization of California’s National Guard, they did not issue their orders through him, and thus failed to comply with” federal law, he wrote.
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