Judge Blocks Former President's National Guard Deployment in California

A federal judge has ruled that the is prohibited from deploying the National Guard in California to carry out law enforcement actions, including arrests, searches, and crowd control. This decision comes in response to a lawsuit filed by California in early June, which challenged the deployment of the National Guard and the Marine Corps in Los Angeles by the and the Secretary of Defense to address protests sparked by the administration's immigration enforcement policies.

Judge Charles Breyer stated that the deployment of troops by the violated the Posse Comitatus Act, a federal law that prohibits the use of the U.S. military for domestic law enforcement. The ruling is specific to California and will take effect on September 12, allowing the former administration time to appeal the decision. Prior to this ruling, the had considered deploying the National Guard to other U.S. cities, including Oakland and San Francisco, to address crime issues.

Judge Breyer warned that such actions could lead to the creation of "a national police force with the President as its commander-in-chief." He emphasized that the Posse Comitatus Act, enacted in 1878, explicitly prohibits the use of the U.S. military for domestic law enforcement. Despite this, the , the Secretary of Defense, and the Department of Defense deployed the National Guard and Marine Corps to Los Angeles, ostensibly to quell unrest and ensure the enforcement of federal immigration laws.

While acknowledging that protests and violent incidents occurred in Los Angeles, Judge Breyer asserted that these did not constitute an insurrection and that local law enforcement agencies were capable of managing the protests and enforcing the law. Evidence presented during the trial showed that the defendants systematically used armed soldiers, often concealed by protective gear, and military vehicles to set up protective barriers, traffic obstacles, and control crowds, thereby demonstrating a military presence in Los Angeles and its surrounding areas.

This ruling underscores the ongoing debate over the appropriate use of military forces in domestic law enforcement. The Posse Comitatus Act has long been a contentious issue, with some arguing that it restricts the government's ability to respond to domestic threats, while others view it as a crucial safeguard against military overreach. The decision by Judge Breyer highlights the importance of adhering to legal frameworks that balance national security with civil liberties, ensuring that military forces are used judiciously and in accordance with the law.