In a significant legal decision, a federal judge has found that former President Donald Trump exceeded his authority by deploying National Guard troops and U.S. Marines to suppress protests related to immigration in Los Angeles this summer. The ruling, issued by Senior U.S. District Judge Charles R. Breyer, underscores concerns over the militarization of domestic law enforcement and raises questions about the future use of active military units within U.S. cities.
The judge’s ruling explicitly states that such deployments violated the Posse Comitatus Act of 1878, a law designed to restrict the military’s role in civilian law enforcement. Breyer’s 52-page opinion details how approximately 4,700 service members engaged in activities such as establishing perimeters, conducting traffic blockades, crowd control, and demonstrating a military presence—actions deemed unlawful under the statute.
This decision arrives amid growing fears about the potential expansion of federal authority. Judge Breyer expressed alarm over statements by Trump and Defense Secretary Pete Hegseth indicating intentions to mobilize the National Guard in other major cities, including Chicago and Baltimore, ostensibly to address what they describe as overwhelmed crime rates. The judge warned that such plans threaten the creation of a de facto national police force, with the President at its helm.
Historically, concerns over military involvement in civilian policing echo the founding principles of the United States, which sought independence from Britain partly due to the use of military forces as a tool of oppression. Breyer referenced the Declaration of Independence, where colonists condemned the King for making the military independent and superior to civil authority.
California Governor Gavin Newsom, a Democrat who challenged Trump’s efforts to federalize the state’s National Guard, responded positively to the ruling. He emphasized that the decision aligns with constitutional protections and stressed that no president is above the law. Newsom condemned the attempt to turn federal troops into a tool of political control, calling it illegal and authoritarian.
Similarly, Los Angeles Mayor Karen Bass praised the court’s decision, asserting that the federal government’s actions to deploy troops in her city were unlawful. She reaffirmed the city’s resilience and unity in the face of federal overreach.
While the ruling marks a setback for Trump’s legal efforts, the former president is expected to appeal the decision to the Ninth Circuit Court of Appeals, where he previously secured a victory related to similar issues. The appellate court had previously blocked a temporary restraining order that sought to return control of the National Guard to California’s governor, citing precedent that grants the federal government authority to determine the circumstances for military deployment.
This ongoing legal battle highlights the tension between local sovereignty and federal authority, especially as debates about law enforcement, military involvement, and civil rights continue to unfold. The case serves as a reminder of the constitutional limits on military power and the importance of safeguarding civilian control over domestic security operations.