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by\u00a0ABIGAIL V\u00c2N NEELY<\/a><\/strong> June 12, 2025 (MissionLocal.org)<\/p>\n\n\n\n- \n
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Protesters outside of the federal building in Los Angeles on June 10, 2025. Photo by Emmanuel Fonseca.<\/figcaption><\/figure>\n\n\n\n Mission Local has a $25,000 match!<\/h4>\n\n\n\n
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A federal judge ruled in San Francisco District Court on Thursday that President Donald Trump\u2019s deployment of National Guard troops to Los Angeles is illegal.<\/p>\n\n\n\n
But hours later, an appeals court paused the judge\u2019s order until next week, when it considers the case. The stay postponed a Friday deadline given<\/a> by U.S. District Court Judge Charles R. Breyer for Trump to return control of the California National Guard to Gov. Gavin Newsom.<\/p>\n\n\n\n
The federal government had appealed Breyer\u2019s decision, and the order\u2019s implementation will be put off until the Ninth Circuit Court of Appeals hearing next Tuesday.<\/p>\n\n\n\n
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It\u2019s unclear whether the White House will follow the appeal court\u2019s ruling when it comes. Secretary of Defense Pete Hegseth had previously refused<\/a> to commit to obeying any judicial order.<\/p>\n\n\n\n
Newsom filed a lawsuit Monday, following Trump\u2019s deployment of up to 4,000 National Guard troops on June 7, ostensibly to quell protests against immigration raids. The governor requested a temporary restraining order that would limit troops to guarding federal buildings and preventing them from accompanying workplace raids by U.S. Immigration and Customs Enforcement. <\/p>\n\n\n\n
Within the next 24 hours, a California deputy attorney general said on Thursday, 140 Marines will replace and relieve National Guard troops in Los Angeles. <\/p>\n\n\n\n
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Protesters outside of the federal building in Los Angeles on June 10, 2025. Photo by Emmanuel Fonseca.<\/figcaption><\/figure>\n\n\n\n \u201cThe federal government cannot be permitted to exceed its bounds and in doing so create the very emergency conditions that it then relies on to justify federal intervention,\u201d Breyer wrote in his ruling.<\/p>\n\n\n\n
These are \u201cissues of extreme significance,\u201d Breyer earlier told a courtroom filled with journalists, retired immigration attorneys, and two U.S. marshals. The \u201cmatter has an urgency about it.\u201d <\/p>\n\n\n\n
Trump justified his move under U.S. code 12406<\/a>. The statute allows the president to call in troops whenever the United States is in danger of foreign invasion or a rebellion against the government, or the president is unable with \u201cregular forces\u201d to execute the laws of the United States. <\/p>\n\n\n\n
Breyer questioned whether the president complied with these requirements. <\/p>\n\n\n\n
Addressing the first condition, federal attorney Brett Shumate said whether or not there is a foreign invasion \u201cis an inherently political question that the president gets to decide,\u201d not the court. <\/p>\n\n\n\n
Whether the Los Angeles protests constituted a rebellion, Shumate continued, was also up to the president\u2019s discretion. As was the determination that ICE could not enforce federal immigration laws because of \u201cmobs\u201d rioting on June 6 and 7. <\/p>\n\n\n\n
Thus, he argued, the court should not rule on whether the conditions existed; that is up to the president to decide. <\/p>\n\n\n\n
\u201cThere can be no debate that most protesters demonstrated peacefully,\u201d Breyer wrote in his decision. \u201cThe idea that protesters can so quickly cross the line between protected conduct and \u2018rebellion against the authority of the Government of the United States\u2019 is untenable and dangerous.\u201d<\/p>\n\n\n\n
A few \u201cstray bad actors\u201d going too far does not \u201cwipe out\u201d everyone else\u2019s right to protest the government, the judge added.<\/p>\n\n\n\n
\u201cYou\u2019re telling me that the president acted on evidence,\u201d Breyer said in court. \u201cDid he have to?\u201d<\/p>\n\n\n\n
\u201cHe didn\u2019t have to,\u201d Shumate said. <\/p>\n\n\n\n
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Protesters on the streets and bridges of Los Angeles on June 10, 2025. Photo by Emmanuel Fonseca.<\/figcaption><\/figure>\n\n\n\n If the three conditions are met, the statute continues, then the president\u2019s orders \u201cshall be issued through the governors of the States.\u201d <\/p>\n\n\n\n
California\u2019s attorneys have argued the statute requires Newsom to first approve Trump\u2019s orders, but federal lawyers said that\u2019s not the case. \u201cThe states are subservient,\u201d said Shumate, so it was sufficient that Newsom received a copy of Trump\u2019s order.<\/p>\n\n\n\n
The federal government\u2019s \u201cversion of executive power,\u201d California Deputy Attorney General Nicholas Green said, is \u201cbreathtaking in scope.\u201d <\/p>\n\n\n\n
The president, Green argued, only becomes commander in chief when Congress gives him the authority to call forth the militia. Trump, however, is trying to deploy the National Guard \u201cwhenever he perceives that there is disobedience to an order,\u201d Green said. <\/p>\n\n\n\n
The \u201cdifference between a constitutional government and King George,\u201d the judge said, is a \u201cleader following the law as set forth in both the Constitution and the states.\u201d<\/p>\n\n\n\n
At one point, Breyer waved a pocket-sized constitution in the air. \u201cIf you want me to look at it,\u201d he told the Trump administration attorney, \u201cI\u2019ve got it.\u201d <\/p>\n\n\n\n
\u201cWe live in response to a monarchy. This country was founded in response to a monarchy,\u201d Breyer added. \u201cI\u2019m just trying to figure out where the lines are drawn.\u201d<\/a><\/p>\n\n\n\n
ABIGAIL V\u00c2N NEELY<\/a><\/h2>\n\n\n\n
abigail@missionlocal.com<\/a><\/p>\n\n\n\n
Abigail covers criminal justice, accountability, and behavioral health. She’s originally from New York City, where she was a youth advocate and watched hundreds of arraignments. Now, she enjoys foggy San Francisco mornings with her cat, Sally Carrera. (Yes, the shelter did in fact name the cat after the Porsche from the animated movie Cars.)More by Abigail V\u00e2n Neely<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"
140 active duty Marines will replace National Guard in Los Angeles, according to state official by\u00a0ABIGAIL V\u00c2N NEELY June 12, 2025 (MissionLocal.org) Mission Local has a $25,000 match! That means every dollar you give in June is doubled! About 65% of our revenue comes from individuals like you \u2014 help support a growing… Continue reading
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