A federal judge ruled Tuesday that President Donald Trump violated the Posse Comitatus Act when he activated thousands of National Guard members and deployed Marines to California during anti-ICE protests last June.
Judge Breyer’s Ruling
U.S. District Judge Charles Breyer, appointed by President Bill Clinton, said Trump and Defense Secretary Pete Hegseth exceeded their legal authority by using military forces in domestic law enforcement.
The Posse Comitatus Act, passed in 1878, generally prohibits the use of the military to enforce civilian law. Breyer said violations could include riot control, arrests, or traffic stops.
“The administration’s warnings about sending the National Guard to other blue cities amount to creating a national police force with the President as its chief,” Breyer wrote.
The order applies only to California but could have broader implications as Trump has threatened to deploy troops in Chicago and other Democratic-led cities to combat street crime.
Background of the Deployment
In June, Trump federalized about 4,000 National Guard members and sent 700 Marines to support immigration raids and riot control in California, despite strong opposition from Gov. Gavin Newsom.
Although most troops have since been demobilized, California attorneys argued during trial that 300 Guard members remained, enough to constitute a violation.
“That’s certainly a large enough number of soldiers to constitute a Posse Comitatus Act violation,” a state attorney said.
Newsom Celebrates Decision
Newsom hailed the ruling on social media:
“Trump LOSES AGAIN. The courts agree—his militarization of our streets and use of the military against U.S. citizens is ILLEGAL.”
Potential Appeals
The Department of Justice is expected to appeal. The case could move to the Ninth Circuit Court of Appeals and potentially to the Supreme Court.
The Ninth Circuit had previously halted an emergency injunction by Breyer in June that would have immediately restored Newsom’s control of the Guard, saying courts must be “highly deferential” to presidential authority.
Evidence at Trial
During the three-day trial, Major General Scott Sherman, who oversaw Guard activity in California, testified that troops received training on complying with the Posse Comitatus Act—evidence Breyer said reinforced its relevance to the case.
The Trump administration had argued the Act did not apply.
National Implications
Though the immediate impact in California is limited, the ruling could shape how courts view Trump’s broader use of the National Guard in Washington, D.C., Chicago, and other cities.
