Judge Breyer found that the deployment of federal troops and National Guard forces in Los Angeles violated the Posse Comitatus Act and exceeded presidential authority. The ruling followed a four-day trial that included testimony from Pentagon officials overseeing the deployment. The court determined that the President did not follow congressionally mandated procedures and that the actions were illegal and violated the Tenth Amendment. The Militia Act of 1903 allows federalization of National Guard units only under invasion, rebellion, or inability of regular forces to execute federal laws. Neither the President nor the Defense Secretary cited which statutory condition justified the federalization; the memorandum suggested reliance on the second or third conditions.
Breyer, a Clinton appointee based in San Francisco, concluded that Trump's Los Angeles deploymentan operation overseen by Defense Secretary Pete Hegsethviolated a longstanding law meant to prevent domestic law enforcement by the military: the Posse Comitatus Act. His decision followed a four-day trial last month that included testimony from the Pentagon officials overseeing the troop deployment in Los Angeles. At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions.
Through the Militia Act of 1903, Congress authorized the President to call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary, but only if: (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation;(2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States;
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