Judge Rules Against Trump's National Guard Deployment In Los Angeles
A federal judge on Thursday ordered President Donald Trump to return control of National Guard troops deployed to Los Angeles back to California Gov. Gavin Newsom, ruling against the president's controversial decision to respond with federal forces to immigration protests in the city.
National Guard troops were deployed to Los Angeles this week. (Photo by)
U.S. District Judge Charles Breyer said in a filing Trump must 'return control of the California National Guard to the Governor of the State of California forthwith.'
The judge said Trump's deployment of the National Guard, which was done without Newsom's approval, was illegal, 'exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.'
Breyer said earlier Thursday it did not appear Trump issued his National Guard order through Newsom, which is a requirement when the president seeks to deploy the troops in a given state.
Breyer said he was trying to understand 'how something is 'through' somebody if in fact you didn't give it to him,' adding, 'It would be the first time I've ever seen something going 'through' somebody if it never went to them directly,' Politico reported.
Breyer also scrutinized Trump's justification that the protests posed a danger of rebellion, deploying troops through a law that gives the president the power to do so in instances of 'a rebellion or danger of a rebellion.'
The judge disagreed with Trump's defense that a claim of potential rebellion is not reviewable by courts, according to Politico, adding, 'That's the difference between a Constitutional government and King George. It's not that a leader can simply say something and it becomes it.'
Breyer did not directly address Newsom's request to block the deployment of Marines in Los Angeles, taking issue with the request because the troops have yet to be deployed for street-level operations.
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Immigration protests in Los Angeles began last week in response to Immigration and Customs Enforcement raids conducted at retail spaces, graduations and courthouses in the city, as well as Trump's larger immigration policies. The same night protests began, the Trump administration began weighing the deployment of the National Guard to Los Angeles. Protests continued into the week and federal troops were deployed, eventually reaching a point where National Guard members were briefly detaining protesters before handing them off to local law enforcement for arrest. Newsom has sharply blasted the use of the National Guard, accusing Trump of 'putting fuel on the fire' and taking the president to court over the decision. The governor has claimed his authority was infringed upon with the deployment of the National Guard and the Marines, though the latter force has yet to participate in operations within Los Angeles.
Los Angeles Protests: National Guard Has Detained Some Protesters (Forbes)
Sen. Alex Padilla Forcibly Removed From Kristi Noem's Press Conference In Los Angeles (Forbes)
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