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Wednesday, 3 September 2025
Donald Trump's deployment of National Guard to LA protests illegal, judge rules.
California
National Guard members were positioned at a federal building in Los
Angeles amid widespread protests in the city's downtown. (AP: Eric Thayer)
In short:
A
judge has ruled the Trump administration "wilfully" ignored federal law
when deploying National Guard forces during riots in Los Angeles
earlier this year.
California's
governor Gavin Newsom took to social media to mock the president after
the decision, saying Donald Trump "LOSES AGAIN".
Mr
Trump federalised members of the California National Guard and sent
them to Los Angeles, the second-largest US city, over the objections of
Mr Newsom and city leaders.
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The
Trump administration violated federal law by deploying National Guard
troops to southern California during immigration raids and accompanying
protests, a US federal judge has ruled.
The
order comes after the state of California sued, saying the troops sent
to Los Angeles over the summer were violating a law that prohibits
military enforcement of domestic laws.
Lawyers
for Donald Trump's Republican administration have argued the Posse
Comitatus Act doesn’t apply because the troops were protecting federal
officers, not enforcing laws.
They say the troops were mobilised under an authority that allows the president to deploy them.
Several hundred troops remain deployed in San Francisco, which US District Judge Charles Breyer did not require be withdrawn.
California Governor Gavin Newsom has mocked the president after the judge's ruling. (AP: Rich Pedroncelli)
The
judge's decision comes as Mr Trump openly discusses deploying National
Guard troops to Democratic-led cities like Chicago, Baltimore and New
York.
Mr
Trump federalised members of the California National Guard and sent
them to Los Angeles, the second-largest US city, over the objections of
Democratic Governor Gavin Newsom and city leaders.
The Los Angeles protests were sparked by Immigration and Customs Enforcement raids in the city. (AP Photo: Ethan Swope)
All
were pulled back by the end of July except about 250 National Guard
troops. The judge noted that the remaining troops got improper training
on what they can and cannot do under the law.
Mr
Trump deployed those forces under a law that allows the president to
call the guard into federal service when the country "is invaded," when
"there is a rebellion or danger of a rebellion against the authority of
the Government," or when the president is otherwise unable "to execute
the laws of the United States."
Mr
Trump has pushed the bounds of typical military activity on domestic
soil, including through the creation of militarised zones along the
US-Mexico border.
Mr Newsom,
who has emerged as a key political critic of Mr Trump, reacted to the
ruling on X by posting in an all-caps reflection of the president's own
social media style.
"DONALD
TRUMP LOSES AGAIN. The courts agree — his militarisation of our streets
and use of the military against US citizens is ILLEGAL."
Judge rules administration 'wilfully' violated law
The White House and the Defense Department did not immediately respond to messages seeking comment.
In
his ruling, Judge Breyer's ruling accused the Trump administration of
"wilfully" violating the law, saying it used troops for functions that
were barred by their own training materials, refused to "meaningfully
coordinate with state and local officials" and "coached" federal law
enforcement agencies on the language to use when requesting assistance.
"These
actions demonstrate that Defendants knew that they were ordering troops
to execute domestic law beyond their usual authority," he wrote.
"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."
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