CALIFORNIA – The U.S. District Court ruled on September 2 that the Trump Administration’s use of federalized California National Guard troops and Marines in Los Angeles violated the Posse Comitatus Act.
The 147-year-old law prohibits the use of the U.S. military to enforce domestic law.
The ruling applies only to California and does not immediately remove the remaining 300 troops in Los Angeles. However, it prohibits the Trump Administration from using military forces for arrests, searches, patrols, or other law enforcement activities in the state.
Troops ordered beyond legal authority
U.S. District Judge Charles Breyer found that the administration “willfully” exceeded legal boundaries by using troops in law enforcement roles, including crowd control, arrests, traffic regulation, and perimeter security without coordinating with state authorities.
“Defendants knowingly contradicted their own training materials, which listed twelve functions that the Posse Comitatus Act bars the military from performing,” wrote Breyer.
He noted that a U.S. Army North representative sent an email “coaching” federal law enforcement agencies on language to use when requesting assistance – an attempt to circumvent the law.
Breyer concluded these actions showed the Trump Administration knew it was directing troops to act beyond their authority.
National police force under the president
Breyer also wrote that President Donald Trump and Secretary Pete Hegseth intended to federalize National Guard troops in other cities, creating a national police force under the President.
The court ruling is stayed until September 12, allowing the administration to appeal.
Federalization through election day
Attorney General Rob Bonta and Governor Gavin Newsom filed a motion seeking to block the Trump Administration’s August 5 order to federalize 300 California National Guard troops for an additional 90 days – until November 5, through Election Day.
Bonta and Newsom are asking the court to prevent the deployment and return control of the California National Guard to the governor.
RELATED: Newsom shares video of Modi, Putin, and Xi amid National Guard discussion
