US Judge Blocks Trump's Military Action Against Crime In California

(MENAFN- Live Mint) A US federal judge on Tuesday blocked the Trump administration's use of military forces to tackle crime in California, as President Trump threatened to send troops to additional cities like Chicago.

Judge Charles Breyer, of the U.S. District Court in San Francisco, ruled that the administration had deliberately breached the Posse Comitatus Act, a law that limits military involvement in domestic law enforcement, by deploying troops to assist with crowd control and support immigration and drug enforcement actions, Reuters reported.

In June, the administration had sent 4,000 National Guard personnel and 700 active-duty US Marines to Los Angeles as part of its crackdown.

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Tuesday's ruling dealt a setback to Trump's push to broaden the role of the military on US soil, which critics say is a dangerous expansion of executive authority that could spark tensions between troops and ordinary citizens.

Breyer put the ruling on hold until September 12. The Trump administration is likely to appeal.

Trump said at a news conference that the Los Angeles deployment restored order, and he intended to send the military to more cities.

“Chicago is a hellhole right now. Baltimore is a hellhole right now,” Trump said.“We have the right to do it because I have an obligation to protect this country.”

The injunction applies only to the military in California, not nationally. But the judge said that Trump's stated desire to send troops to Chicago and other cities meant that an injunction was necessary to prevent future violations of the law separating the military from law enforcement, Reuters reported.

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Trump has said the troops were needed in Los Angeles to protect federal agents carrying out immigration enforcement, after large-scale immigration raids triggered protests. Lawyers for the Trump administration had argued that the U.S. Constitution permits presidents to use troops to protect federal personnel and property as an exception to the Posse Comitatus Act.

"There is no question that federal personnel should be able to perform their jobs without fearing for their safety," wrote Breyer, who was nominated to the bench by Democratic President Bill Clinton and is the brother of former Supreme Court Justice Stephen Breyer.

"But to use this as a hook to send military troops alongside federal agents wherever they go proves too much and would frustrate the very purpose of the Posse Comitatus Act," Breyer said.

The Los Angeles deployment drew wide condemnation from Democrats, who said Trump was using the military to stifle opposition to his hardline immigration policies.

"The people of California won much-needed accountability against Trump's ILLEGAL militarisation of an American city!" California Governor Gavin Newsom, a prominent Democrat who brought the lawsuit, wrote on X on Tuesday.

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Around 300 National Guard members remain in Los Angeles, although protests have long died down, and the administration has extended their deployment into November.

California said in a court filing later on Tuesday that those remaining troops should be returned to the state's control.

The state said that the continued presence of troops could interfere with California elections in November by intimidating voters and "chilling participation."

“The timing of Trump's extension of the National Guard soldiers isn't coincidental - he's holding onto soldiers through Election Day," Newsom said in a statement. "The reality is this - they want to continue their intimidation tactics to scare Californians into submission."

California previously contested President Trump's move to take control of the state's National Guard in June but lost the case on appeal. However, the state argued on Monday that the situation had changed and that extending the troop deployment was no longer legally justified.

While Judge Breyer's ruling is not binding on other courts, it could influence how the rarely-litigated Posse Comitatus Act is interpreted in future legal challenges.

The people of California won much-needed accountability against Trump's ILLEGAL militarisation of an American city!

Also Read: 'Deranged behavior': US National Guard deployment in Los Angeles draws sharp reaction from Gavin Newsom

"It's going to be highly influential for any challenges in other cities," said Brenner Fissell, a professor at Villanova University Charles Widger School of Law.“If a judge doesn't agree with this, he's going to or she's going to have to explain why.”

Key Takeaways

• The ruling reinforces limitations on military involvement in domestic law enforcement, emphasizing the importance of the Posse Comitatus Act.
• The decision could set a legal precedent influencing future military deployments in domestic contexts.
• The ongoing tensions between federal authorities and state governments highlight the complex dynamics of law enforcement and civil liberties.

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