Federal Judge Questions Legality of Deploying National Guard in LA Protests

Strategic Insights -

A federal judge, U.S. District Judge Charles Breyer, presiding over a bench trial in San Francisco, grilled federal attorneys on the legality of deploying the California National Guard in Los Angeles to protect federal properties and law enforcement agents during protests against President Donald Trump's immigration policies. The case, brought by California Governor Gavin Newsom, challenges the use of the Guard, citing the Posse Comitatus Act, which bans the use of the U.S. military for domestic law enforcement. Newsom rejected the use of his state's Guard and sued the federal government, seeking an injunction to limit their role in the city.

Key Takeaways:

  • The federal judge, U.S. District Judge Charles Breyer, questioned the legality of deploying the California National Guard in Los Angeles, citing the Posse Comitatus Act.
  • The judge asked federal attorneys about the limits of using federal law enforcement to protect federal buildings and properties.
  • Governor Gavin Newsom, who rejected the use of his state's Guard and sued the federal government, claims that the deployment violates the Posse Comitatus Act.
  • The case challenges the Trump administration's deployment of 4,000 guard troops and 700 Marines to the city in June.
  • The judge's comments came on the third and final day of the trial, with no timeline given for a ruling.
  • Newsom's lawsuit is a longshot, as the courts have historically shown deference to presidential authority in matters of military command and control.

Statistics:

  • 4,000 Guard troops and 700 Marines were deployed to Los Angeles in June to protect federal properties and law enforcement agents.
  • 300 Guard troops remain deployed in the state.
  • The Posse Comitatus Act, an 1878 law, bans the use of the U.S. military for domestic law enforcement.
  • The federal appeals court reversed a lower court's ruling in June, stating that the president can keep control of the federalized Guard while the legal case continues.

Sources:

  • UPI, "Federal judge questions legality of deploying National Guard in LA protests" (August 14, 2023)
  • CBS News, "California governor sues Trump administration over National Guard deployment" (June 2023)
  • University of New Mexico Law School, Professor Josh Kastenberg (CBS News interview)