A judge ruled Trump’s use of California’s National Guard for law enforcement in L.A. violated federal law, a decision that could influence cases in other cities.

Los Angeles

A federal judge has determined that the Trump administration's deployment of the California National Guard and Marines in Los Angeles violated the Posse Comitatus Act, which restricts the use of military forces for domestic law enforcement. The ruling found that troops were systematically ordered to perform law enforcement actions, such as crowd and traffic control, which are prohibited under the Act.

While the decision allows some Guard troops to remain in Los Angeles in a supportive capacity, it prohibits them from engaging in law enforcement. The ruling is specific to California, but legal experts note that its reasoning could be used in other jurisdictions as President Trump has indicated intentions to deploy military forces in additional cities.

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Since June, the California National Guard has been under federal control, activated by President Donald Trump. At its height, 4,000 Guard members and 700 Marines were on the ground in Southern California. But Tuesday, Judge Charles Breyer ruled the Trump administration's use of troops in the Los Angeles area violates federal law. And his decision centers on the Posse Comitatus Act, which prohibits the military from being used for domestic law enforcement purposes. We don't want the military acting as a national police force. So to the extent that the military was doing those things, like setting up perimeters and traffic stops and all of that, it was crossing the line in terms of what it's allowed to do legally. Judge Breyer's opinion notes multiple examples of troops being used for things like crowd and traffic control. He wrote, quote, the violations were the function of systematic and willful orders to troops to execute domestic law. As of early August, 300 Guard troops still remain active in Los Angeles, and the judge said they can remain, but they must not perform law enforcement actions. They're allowed to play a supportive role. They're allowed to protect federal property. That is something that the military has done in other circumstances. President Trump has also activated the National Guard in Washington, D.C., but his control in the nation's capital is different. The Posse Comitatus Act, that law that was the basis of the decision today in L.A., does not apply to what is going on in D.C., and also the president has much more authority to use the military in D.C. President Trump has threatened to send military forces into other major cities, like Chicago. Tuesday morning on social media, the president said, quote, I will solve the crime problem fast, just like I did in D.C., Chicago will be safe again and soon. The ruling from Judge Breyer is limited to California, so it can't stop the president from federalizing the National Guard in other cities. But the case did expose some risks. What this case shows is how risky it is for the military itself to be deployed in this way. And some of the documents that came out in the litigation show this, because it's putting the military in a situation that's very volatile in a way that is not something that they've historically been used, that they're not well trained for. And so they're at risk of liability, legal liability. The reasoning used in the California opinion could be applied by federal judges in other jurisdictions.

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