California judge says Trump violated Posse Comitatus Act, deeming National Guard use illegal

A federal judge in California has ruled that President Donald Trump’s deployment of the National Guard to Los Angeles was illegal, citing violations of the Posse Comitatus Act, according to CNN. This law reportedly restricts the federal government from using the military for domestic law enforcement. The ruling, which follows a multi-day trial, comes as Trump considers extending National Guard deployments to other cities, raising questions about legality and federal overreach.

The ruling, delivered by US District Judge Charles Breyer, specifically pointed out actions such as setting up protective perimeters, traffic blockades, and engaging in crowd control as breaches of the Posse Comitatus Act, BBC reported. "The evidence at trial established that Defendants systematically used armed soldiers... to demonstrate a military presence in and around Los Angeles," Breyer wrote, underscoring the illegality of these activities as federal law violations, according to CNN.

The decision was partly put on hold to allow the Trump administration time to appeal, as reported by CNN. Because of this, the official ruling was pushed back to Friday, September 12. 

White House spokeswoman Anna Kelly defended the administration's actions, stating in BBC’s report that "a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction." BBC noted that California Governor Gavin Newsom celebrated the ruling, emphasizing that it upheld democratic and constitutional principles.

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The case presents a significant examination of the balance of state and federal powers, especially regarding military deployment within US borders. Experts, like Brenner Fissell, vice president of the National Institute for Military Justice, argue that this case will likely serve as a crucial reference for any future similar legal evaluations, CNN stated. The implications of this ruling could influence how other judges interpret the Posse Comitatus Act in subsequent cases involving federalized military involvement in civilian jurisdictions, Brenner explained.

Trump eyes other cities to deploy National Guard

According to BBC, this ruling will only apply to the state of California, but may make Trump more careful to pursue similar actions in other states. Just two weeks ago, Trump proposed the idea of heading to Chicago to help lower crime. 

While Illinois Governor JB Pritzker and Chicago Mayor Brandon Johnson voiced avid opposition to this move, the city experienced another violent holiday weekend, with 58 people shot and eight killed during this past Labor Day, reported ABC News, renewing concern about safety in American cities. ABC News noted that no arrests had been announced.