A federal judge in California has ruled that former President Donald Trump’s deployment of the National Guard to Los Angeles in June was unlawful, citing violations of the Posse Comitatus Act, a law that restricts the use of U.S. military forces for domestic law enforcement.
The ruling, issued by U.S. District Judge Charles Breyer, said Trump overstepped his constitutional authority by ordering Guard troops to perform tasks such as setting up protective perimeters, traffic blockades, and crowd control during protests sparked by immigration raids. Judge Breyer argued that such duties amounted to domestic policing, which the 1878 law expressly prohibits unless authorized by Congress.
“The President’s recent executive orders and public statements regarding the National Guard raise serious concerns as to whether he intends to order troops to violate the Posse Comitatus Act elsewhere in California,” Breyer wrote. He further warned that Trump’s actions risked “creating a national police force with the President as its chief.”
The decision is currently on hold until 12 September, giving the Trump administration time to appeal. A White House spokeswoman, Anna Kelly, sharply criticized the ruling, calling Judge Breyer “a rogue judge” attempting to undermine the Commander-in-Chief’s ability to protect American cities. She added: “The President is committed to protecting law-abiding citizens, and this will not be the final say on the issue.”
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California Governor Gavin Newsom, who had sued the administration over the deployment, praised the court’s decision. “The court sided with democracy and the Constitution,” he said. Newsom had argued that California’s own law enforcement was capable of handling the unrest without military intervention.
The case highlights broader tensions over Trump’s reliance on the National Guard to address domestic issues. Beyond Los Angeles, Trump had also deployed troops in Washington D.C. and was considering sending them to Chicago. While Judge Breyer’s order only applies in California, legal experts say it could open the door to more challenges if Trump — or any president — seeks to use the Guard in similar ways.
The ruling underscores the fragile balance between federal authority, state sovereignty, and the long-standing principle that U.S. military forces should not function as domestic police.