Federal Judge Questions Legality of Deployed National Guard Troops in California

A federal judge in San Francisco expressed significant concerns about the deployment of nearly 300 federalized National Guard troops in California, deployed in response to protests against President Donald Trump's immigration agenda. US District Judge Charles Breyer questioned Justice Department attorneys about the limits of federal law enforcement to protect federal buildings and employees, suggesting some sympathy for California Democratic Gov. Gavin Newsom's lawsuit against Trump. The deployment, made under the Posse Comitatus Act, has seen troops accompanying federal agents on immigration raids and temporarily detaining civilians who tried to enter restricted areas.

Key Takeaways:

• US District Judge Charles Breyer expressed concerns about the continued deployment of federalized National Guard troops in California, questioning the limits of federal law enforcement to protect federal buildings and employees.
• Breyer specifically asked Justice Department attorneys about the mechanism or precedent to challenge the law that Trump used to deploy the National Guard members, citing the 19th-century Posse Comitatus Act.
• The judge's comments suggest some sympathy for California Democratic Gov. Gavin Newsom's lawsuit against Trump, which claims that the troops have violated the Posse Comitatus Act in the months since their initial deployment.
• Justice Department attorneys argued that there is no mechanism or precedent to challenge the law, but Breyer interrupted them to ask about the likelihood of challenging the king of England in 1776, citing James Madison.
• An attorney for the state of California, Meghan Strong, cited James Madison's draft of the US Constitution to emphasize the historical principle and policy against the use of the military in domestic law enforcement.
• Since June, deployed troops have accompanied federal agents on immigration raids in the LA area and have temporarily detained civilians who tried to enter restricted areas.
• Breyer expressed concern that the Justice Department's logic would open the door to the deployment of federal officers everywhere that the president "determines that there is some threat to the safety of a federal agent."

Statistics:

• Nearly 300 federalized National Guard troops remain deployed in California.
• The troops have been accompanying federal agents on immigration raids in the LA area since June.
• Federal Judge Charles Breyer has not provided a timeline for his ruling on the lawsuit.

Sources:

• Breyer, Charles. "US District Court for the Northern District of California." CNN.
• Hamilton, Eric. Attorney, Justice Department. "Trial Transcript, Judge Charles Breyer, US District Court for the Northern District of California." CNN.
• Strong, Meghan. Attorney for the state of California. "Trial Transcript, Judge Charles Breyer, US District Court for the Northern District of California." CNN.
• Newsom, Gavin. California Democratic Gov. "Lawsuit against Trump, Gavin Newsom vs. Donald Trump." CNN.