Judge finds Trump violated military law by activating National Guard in CA
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A ruling on Tuesday declared that President Donald Trump’s actions were illegal when he federalized the National Guard and deployed a small number of Marines to address anti-Immigration and Customs Enforcement protests in California.
Judge Charles Breyer’s decision echoed concerns he raised during a recent trial, questioning the limits on presidential use of the military for domestic purposes.
“I am deeply troubled by the lack of limiting factors on the use of this force,” Breyer stated during the trial.
In June, Trump mobilized around 4,000 National Guard members to assist federal authorities in California during immigration operations, despite objections from Democratic Gov. Gavin Newsom.
TRUMP AND NEWSOM IN LEGAL BATTLE OVER NATIONAL GUARD ACTIONS IN CALIFORNIA
FILE – Gov. Gavin Newsom speaks at a news conference in Oakland, Calif. (AP photo/Jeff Chiu, File)
Following the ruling, most of the National Guard members have been demobilized. However, California’s attorneys argued that around 300 guardsmen remained, a number they deemed “significant.”
“This number of soldiers could potentially violate the Posse Comitatus Act,” a state attorney argued.
While the immediate impact may be limited to California, the case could have broader implications nationwide as Trump and Secretary of Defense Pete Hegseth consider deploying National Guard members in Washington, D.C., and potentially other cities to address civil unrest. The Trump administration is expected to appeal the ruling, possibly leading to further legal challenges in the Ninth Circuit Court of Appeals and even the Supreme Court.
TRUMP AND NEWSOM AT ODDS OVER NATIONAL GUARD DEPLOYMENT AMID LEGAL BATTLE
Composite image showing California National Guardsmen in Los Angeles in June 2025, and Secretary of Defense Pete Hegseth speaking in July 2025. (Getty Images)
Judge Breyer, appointed by President Clinton and brother of retired Justice Stephen Breyer, determined that Trump’s actions violated the Posse Comitatus Act, which restricts military involvement in domestic law enforcement.
During the trial, Major General Scott Sherman testified that guardsmen were trained to comply with the Act, which Breyer considered relevant evidence. The Trump administration argued that the law did not apply in this situation.
The ruling follows a previous decision by the Ninth Circuit Court of Appeals to block an emergency order issued by Breyer in June, directing Trump and Hegseth to return control of the National Guard to Newsom.
The courts are expected to give deference to the president’s decisions regarding National Guard deployments, as per the appellate court’s ruling. The Trump administration’s appeal of Breyer’s decision could lead to further legal proceedings in the Ninth Circuit.
This story is developing. Stay tuned for updates.
