A federal judge in California ruled on Tuesday that the Trump administration violated a 19th-century law restricting the use of military forces for domestic law enforcement when thousands of National Guard troops and Marines were mobilized to Los Angeles in June.
U.S. District Judge Charles Breyer of San Francisco stated in his 52-page opinion that, “The evidence at trial established that Defendants systematically used 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.” He concluded, “In short, Defendants violated the Posse Comitatus Act.”
The ruling is a setback to President Donald Trump’s effort to use federal troops in major U.S. cities, a move that critics have said amounted to government overreach. Trump first ordered National Guard troops into Los Angeles before later sending soldiers into Washington, D.C., a decision that drew outrage from political opponents and many residents. He also signaled interest in expanding the deployments to other American cities.
The Court’s Ruling and Reactions
The White House defended the deployment. “Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction,” spokesperson Anna Kelly said in a statement.
California lawyers argued during last month’s trial that Trump had overstepped his authority when he deployed federal troops following large protests in downtown Los Angeles against his immigration policies. The Trump administration described the demonstrations as violent riots, claiming that local authorities were overwhelmed and that federal troops were necessary to protect property and residents.
Governor Gavin Newsom and Mayor Karen Bass disputed that characterization, insisting the demonstrations were largely peaceful and could be handled by local authorities. They pushed back against the president’s actions and called them unnecessary.
Lawyers for California requested that Judge Breyer order the Trump administration to return full control of remaining troops to the state and halt the use of the military “to execute or assist in the execution of federal law.”
The Department of Justice argued otherwise, stating that the deployment was lawful and necessary to protect federal interests. However, the Posse Comitatus Act of 1878 specifically prohibits the president from using military forces as a domestic police force without approval from Congress.
Judge Breyer emphasized in his ruling that “There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.” He ordered the Trump administration to cease using military forces for law enforcement in California, including for arrests, seizures, interrogations, or riot control, unless circumstances met the strict legal threshold under the Posse Comitatus Act.
The Trump administration has until noon on September 12 to comply with the ruling. While several hundred National Guard troops remain in Los Angeles, they must operate within the court’s restrictions. “Defendants are not required to withdraw the 300 National Guard troops currently stationed in Los Angeles, nor are they barred from using troops consistent with the Posse Comitatus Act,” Breyer wrote.
He also cautioned against Trump’s broader plans, warning that further use of the National Guard in this way risked “creating a national police force with the President as its chief.”
