BREAKING: Judge Breyer Rules Against Trump Administration On California National Guard Troops
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BREAKING: Judge Breyer Rules Against Trump Administration On California National Guard Troops

A federal judge ruled the Trump administration cannot deploy the National Guard and other military troops in California to execute law enforcement actions. U.S. District Judge Charles Breyer in San Francisco said the Trump administration “willfully” violated the federal Posse Comitatus Act. The state of California filed a lawsuit after the Trump administration deployed National Guard troops and Marines to handle protests against immigration enforcement policies. The order only applies to California and takes effect in 10 days. “San Francisco-based U.S. District Judge Charles Breyer (brother to retired SCOTUS Justice Breyer) just ordered the Trump administration to stop the deployment of the National Guard in California to protect federal immigration personnel and buildings,” Charlie Kirk commented. “This ruling is clearly political, meant to stifle the President’s commitment to stopping crime in other big cities since Judge Breyer himself brought it up in his ruling,” he added. BREAKING: San Francisco-based U.S. District Judge Charles Breyer (brother to retired SCOTUS Justice Breyer) just ordered the Trump administration to stop the deployment of the National Guard in California to protect federal immigration personnel and buildings. This ruling is… pic.twitter.com/BGGZaWJ2di — Charlie Kirk (@charliekirk11) September 2, 2025 CNBC has more: Breyer’s injunction in U.S. District Court in San Francisco is limited to California, and the judge stayed the decision until Sept. 12 to give the Trump administration time to appeal it. The judge said the Trump administration is not required to withdraw the remaining 300 National Guard troops currently stationed in LA, “nor are they barred from using troops consistent with the Posse Comitatus Act.” That could include guarding federal buildings. But the decision comes as Trump has considered deploying National Guard troops to other U.S. cities to deal with crime, including Oakland, California, and San Francisco. In mid-August, Trump placed Washington, D.C.’s police force under federal control and deployed National Guard troops in that city to address what he claims is a rampant crime problem. On Tuesday, Trump, in a social media post, said that at least 54 people were shot in Chicago over the weekend, and warned, “I will solve the crime problem fast, just like I did in DC.” The ruling comes as Trump committed to deploying the National Guard to Chicago. President Trump Responds To Deploying National Guard to Chicago: “We’re Going In!” "This isn't a political thing. I have an obligation. When 20 people are killed over the last 2½ weeks and 75 are shot with bullets," Trump said. Check it out: ? BREAKING — TRUMP ON NATIONAL GUARD DEPLOYMENT TO CHICAGO: "WE'RE GOING IN." ? "This isn't a political thing. I have an obligation. When 20 people are KlLLED over the last 2½ weeks and 75 are shot with bullets ... we're going in..." Chicago will be LIBERATED! ?? pic.twitter.com/6H2LIxmdC0 — Nick Sortor (@nicksortor) September 2, 2025 The Associated Press shared additional details: The White House indicated the government plans to appeal. “Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” White House spokeswoman Anna Kelly said in a statement. It was unclear if the order could set a precedent that could impact plans by Trump, who has discussed National Guard deployments in Democratic-led cities like Chicago, Baltimore and New York. Trump has already deployed the guard as part of his unprecedented law enforcement takeover targeting crime, immigration and homelessness in Washington, where he has direct legal control over the District of Columbia National Guard. Breyer said in his ruling that the Trump administration used troops for functions that were barred by their own training materials, refused to “meaningfully coordinate with state and local officials” and “‘coached’” federal law enforcement agencies on the language to use when requesting the Guard’s assistance. He said the government knew “they were ordering troops to execute domestic law beyond their usual authority” in using “armed soldiers ( whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles.” Breyer barred troops from such actions, including making arrests, searches, acting as informants and collecting evidence.