SAN FRANCISCO (AP) – A federal judge on Tuesday determined that President Donald Trump’s administration was “intentionally” broken by “intentionally” breaking federal law National Guard We head to the Los Angeles area in early June just days after protests against the immigrant attack.
In the 52-page ruling, US District Judge Charles Breyer in San Francisco made a note of Trump and the Secretary of Defense. Pete Hegses It states the intention to unfold National Guard In other cities across the country, including Oakland and San Francisco, it raises concerns they are “creating national police together with the president.”
Breyer did not ask the remaining 300 soldiers to leave, noting that they had been inappropriately trained and ordered the administration to halt their use to “execute the law.” The order that applies only to California will be effective on September 12th.
The White House has indicated its government plans to appeal.
“Once again, fraudulent judges are trying to take away the authority of their commanders to protect American cities from violence and destruction,” White House spokesman Anna Kelly said in a statement.
It was unclear whether the order could set a precedent that could affect Trump’s plans that discussed the deployment of the National Guard in a democratically-led city. Chicago, Baltimore And New York. Trump already has his unprecedented law enforcement acquisition crime, immigration and Homeless In Washington, he directly legally controls the District of Columbia National Guard.
The judge says the administration is violating the law
Breyer said the Trump administration used the military for functions banned by his training materials, refused to “make meaningful coordination with state and local officials,” and used “coached” federal law enforcement agencies regarding the language they use when requesting security guard assistance.
He said he knew that the government was “ordering them to enforce domestic law beyond their normal powers.” That identity has often become obscure (by military vehicles to set up protective armor and traffic blockades, engage in crowd control, otherwise demonstrate military presence in and around Los Angeles).
Breyer banned the military from such actions, including arrests, searches, informant actions, and gathering evidence.
The ruling follows the California lawsuit
California sued It says it is a violation of the military deployment. Posse Comitatus Acta law of 1878 prohibiting military enforcement of domestic law. Lawyers for the Trump administration argued that the Comittas Act of the Rally does not apply because the troops protect federal officers because they do not enforce the law and the president has the authority to call the troops. Under section 12406 of Title 10, a member of the federal government of the California State Guard may call the federal forces when the country is “invaded” if “there is a risk of rebellion or rebellion against government authority” or the president “cannot enforce US laws” when the country is “invaded.”
The deployment appeared to be the first time in decades when the state’s National Guard had been revitalized without demand from the governor. The administration’s efforts to expel the masses.
Thousands of protesters responded, taking them onto the streets, blocking major highways and burning self-driving cars as law enforcement uses tear gas, rubber bullets and flash bangs to control the crowd.
Democrat government Gavin Newsom In a statement, the court stated its allies of democracy. “The president is not the king, and not even Trump, and we cannot trample on the power of the nation to protect our people,” he said.
The Trump administration has spoken about more developments
Trump pushed the typical range Military activities in household soilsIncludes creation of Militarized Zone Along the US-Mexico border.
When asked by a reporter about sending National Guard troops to Chicago at an oval office Tuesday, Trump said “We’re coming in,” but added, “I’m not going to say when.”
“I have an obligation,” the president added. “This is not political.”
Democrats Illinois Gov. J.B. Pretzker and Chicago Mayor Brandon Johnson pushed back saying crime had declined in Chicago. They plan to sue if Trump moves the plan forward.
ret. Colonel Daniel Maurer, an associate professor at Ohio Northern University College College, said that while the president has addressed widespread unrest and set the National Guard federal government to help separate schools, the Trump administration’s example is “certainly the most aggressive use of military when the facts that support them are very weak.”
He said the ruling could give other states a roadmap.
The force joined federal law enforcement in Southern California
Approximately 4,000 National Guard soldiers and 700 Marines were deployed in Los Angeles before about 300 soldiers retreated.
The soldiers marched MacArthur Park It was intended as a show of power in downtown Los Angeles. They also accompanied federal immigration officials in the raids. Two nationally licensed marijuana nursery In Ventura County, Army Major General Scott Sherman testified.
The Sherman, who first commanded the military, testified on the second day of his trial that he raised that he feared that the development could violate the rally’s Comittatas Act.
He said soldiers were given material containing a list of activities prohibited by law.
Sherman said his boss told him there were “constitutional exceptions” that allowed such activities when the military was protecting federal property or staff.
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The story was amended to show that the judge’s order came into effect on September 12th and that he was in San Francisco, not Washington.
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Associated Press writers Lindsay Whitehurst of Washington, Sudin Tanawala of Atlanta, and Mike Katarini of Trenton, New Jersey contributed to the story.