San Francisco – California’s challenge with regard to the military deployment of the Trump administration in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing after a court of appeal gave President Donald Trump a key procedural victory.
US District Judge Charles Breyer has returned additional decisions and rather asked for briefings on both sides on the question of whether the posse Comitatus Act, which prohibits troops from leading civil laws on American soil, is violated in Los Angeles.
What you need to know
- Newsom declared in his complaint that “the violation of the posse comitatus act is imminent, if not already underway”, but Breyer postponed last week given this allegation
- The hearing occurs one day after the 9th circuit appeal group allowed the president to keep control of the national guard troops which he deployed in response to demonstrations against immigration raids
- The decision to appeal interrupted a temporary prohibition order from Breyer, who found that Trump acted illegally when he activated soldiers for the opposition of the Governor of California Gavin Newsom
- Vice-President JD Vance went to Los Angeles on Friday to meet US navies who were also deployed to protect federal buildings, announced his office
Newsom said in his complaint that “the violation of the Posse Comitatus Act is imminent, if not already underway”, but Breyer postponed last week given this allegation.
The hearing occurs one day after the 9th circuit appeal group allowed the president to keep control of the national guard troops which he deployed in response to demonstrations against immigration raids.
The decision to appeal interrupted a temporary ban on Breyer, who found that Trump had acted illegally when he activated soldiers on the opposition of the Governor of California Gavin Newsom.
Despite the setback of the call, California lawyers should ask Breyer on Friday a preliminary injunction of the troops in Los Angeles, where the demonstrations have calmed down in recent days, in Newsom.
Trump, a Republican, argued that the troops were necessary to restore order. Newsom, a democrat, said that their presence in the streets of an American city ignited tensions, has usurped local authorities and wasted resources.
The demonstrations seemed to end, although dozens of demonstrators presented themselves at the Dodger Stadium on Thursday, where a group of federal agents in the SUVs and vans had gathered with the face covered a parking lot. The organization of Los Angeles Dodgers asked them to leave, and they did.
On Tuesday, the mayor of Los Angeles, Karen Bass, raised a curfew in downtown Los Angeles which was first imposed in response to vandalism and clashes with the police after the crowds gathered in opposition to agents taking detention migrants.
Breyer noted that Trump had exceeded his legal authority, which, according to him, allows presidents to control the troops of the National Guard of State that in period of “rebellion or danger of a rebellion”.
“The demonstrations in Los Angeles are not far from” rebellion “,” wrote Breyer, a Watergate prosecutor appointed by President Bill Clinton and is the brother of the Supreme Court retired Stephen Breyer.
The Trump administration argued that the courts cannot undergo the decisions of the president. The Appeal Committee ruled the opposite, claiming that the presidents did not have a without hindrance to take control of the state custody, but by citing violent acts by demonstrators in this case, the Trump administration had presented enough evidence to show that it had a defensible justification to federalize the troops.
For the moment, the California National Guard will remain in federal hands as the trial takes place. This is the first deployment by a president of a National State Guard without the authorization of the governor since the troops were sent to protect the walkers of the Civil Rights Movement in 1965.
Trump celebrated the appeal decision in an article on social networks, calling it a “great victory” and referring to more potential deployments. “In the United States, if our cities and employees need protection, we are those who give them should that the local police are incapable, for any reason, to do the work,” wrote Trump.
Newsom, for its part, also warned that California would not be the last state to see troops in the streets if Trump arrives. “The president is not a king and is not above the law. We will advance our challenge to the authoritarian use of President Trump of American military soldiers against citizens,” said Newsom.
Meanwhile, Vice-President JD Vance went to Los Angeles on Friday to meet US navies who were also deployed to protect federal buildings, his office announced.