Today, Judge Charles Breyer issued an injunction barring Donald Trump from his takeover of Los Angles, holding the deployment of troops violated the Posse Comitatus Act. And the senior judge from the Northern District of California pulled exactly zero punches calling out the administration for its illegal activities.
Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law. Nearly 140 years later, Defendants— President Trump, Secretary of Defense Hegseth, and the Department of Defense— deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced. There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.
Nevertheless, at Defendants’ orders and contrary to Congress’s explicit instruction, federal troops executed the laws. The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act.
The 52-page decision also noted that the L.A. takeover was but the first step for the administration — Washington, D.C. (and maybe Chicago, we’ll see what Trump says at 2 p.m. today) faced similar military encroachments. “President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country,” Breyer wrote, “… thus creating a national police force with the President as its chief.”
Breyer stayed his own order for 10 days, in order to afford the federal government the opportunity to appeal, which they almost certainly will.
Score one for the rule of law. Now let’s see if the administration actually listens to the courts.
Read the full decision below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Posse Comitatus This, B*tch appeared first on Above the Law.
Today, Judge Charles Breyer issued an injunction barring Donald Trump from his takeover of Los Angles, holding the deployment of troops violated the Posse Comitatus Act. And the senior judge from the Northern District of California pulled exactly zero punches calling out the administration for its illegal activities.
Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law. Nearly 140 years later, Defendants— President Trump, Secretary of Defense Hegseth, and the Department of Defense— deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced. There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.
Nevertheless, at Defendants’ orders and contrary to Congress’s explicit instruction, federal troops executed the laws. The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act.
The 52-page decision also noted that the L.A. takeover was but the first step for the administration — Washington, D.C. (and maybe Chicago, we’ll see what Trump says at 2 p.m. today) faced similar military encroachments. “President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country,” Breyer wrote, “… thus creating a national police force with the President as its chief.”
Breyer stayed his own order for 10 days, in order to afford the federal government the opportunity to appeal, which they almost certainly will.
Score one for the rule of law. Now let’s see if the administration actually listens to the courts.
Read the full decision below.
gov.uscourts.cand.450934.176.0_1Download
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
