US judge orders Trump to return control of California National Guard to governor
'The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one,' US District Judge Charles Breyer writes
WASHINGTON
A federal judge ordered the Trump administration on Wednesday to return control of the California National Guard to Gov. Gavin Newsom and end the force's deployment to Los Angeles.
US District Judge Charles Breyer issued a preliminary injunction and ruled that President Donald Trump has illegally continued to deploy guard members to California's largest city following mass protests against his deportation campaign in Los Angeles, which began this summer.
"The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one," Breyer wrote in his sprawling 35-page opinion.
Trump assumed control of the force in June and has maintained about 100 federalized troops in the city over Newsom's objections, down from an initial deployment of more than 4,000.
Trump and his officials argued in court that the deployments are to protect federal property and personnel -- claims rejected by Breyer, who said the administration's attorneys "point to no evidence that the scattered protesters in Los Angeles in August or October were organized, collectively armed, or determined to overtake the federal government."
He was referring to the administration's repeated re-authorizations of the Guard's deployment.
Breyer also rejected the administration's claims that regular federal officers could not have dealt with any sporadic violence in Los Angeles, saying "there is no colorable basis to conclude that civilian law enforcement alone would have had any difficulty enabling the President to execute federal law in August or October."
White House spokesperson Abigail Jackson maintained that Trump "exercised his lawful authority to deploy National Guard troops to support federal officers and assets" following what she called "violent riots that local leaders like Newscum refused to stop. We look forward to ultimate victory on the issue.”
Jackson was referring to the California governor by another name.
Breyer further pointed to Trump's deployment of California guardsmen to Portland, Oregon, saying the effort "effectively" created "a national police force made up of state troops." Justice Department attorneys said in court that the administration is in the process of "defederalizing" the roughly 200 troops.
An additional 14 California troops were sent to Illinois, where the Supreme Court is evaluating the wider Guard deployment. A challenge to the deployment in Portland is being heard in lower courts.
Breyer issued a pause on his order until Dec. 15.
