On Tuesday, the American federal judge blocked the use of the military forces of Trump’s administration to resolve a crime in California, as President Trump threatened to miss soldiers to other cities like Chicago.
Judge Charles Breyer from the US District Court in San Francisco decided that the administration intentionally violated the Poses Comitatus Act, a law that limits military involvement in domestic enforcement by deploying soldiers to help the crowd and support immigration and drug measurement measures.
In June, the administration sent 4,000 National Guard employees and 700 active US naval marines to Los Angeles.
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Tuesday’s decision decided on Trump’s pressure to expand the role of the army on American land, which critics claim to be a dangerous extension of the executive authority that could cause tension between soldiers and ordinary citizens.
Breyer issued a decision by September 12. Trump’s administration is likely to appeal.
Trump said at a press conference that deployment in Los Angeles resumed the order and intended to send the army to more cities.
“Chicago is now hell holes now. Baltimore is a hell of a hole right now,” Trump said. “We have the right to do it because I have a duty to protect this country.”
The order only applies to the military in California, not at the national level. However, the judge stated that Trump’s desire to send units to Chicago and other cities meant that an order was necessary to prevent the future violation of the law separating the army from the enforcement of law, Reuters reported.
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Trump said that units were needed in Los Angeles to protect federal agents performing immigration after the protests of large immigration raids. Trump’s lawyers claimed that the US Constitution allows presidents to use units to protect federal staff and assets as an exception to the Posse Comitatus Act.
“There is no doubt that the federal staff should be able to perform his job without fearing his security,” wrote Breyer, who was nominated for the bench by democratic President Bill Clinton and is the brother of the former Supreme Court judge Stephen Breyer.
“But use it as a hook to send military soldiers next to federal agents, whether they go, show too much and frustrate the purpose of the law on Posse Comitatus,” Breyer said.
Deployment in Los Angeles has condemned a wide convict from the Democrats, who said that Trump was using the army to suppress the opposition to their hard immigration policy.
“California residents have gained much -needed responsibility against Trump’s illegal militarization of the American city!” California Governor Gavin Newsom, a prominent Democrat who presented a lawsuit, wrote on Tuesday on X.
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About 300 members of the National Guard remain in Los Angeles, although the protests have long disappeared and the administration has extended their deployment to November.
California stated in a court that filed on Tuesday that these remaining units should be returned to the state control.
The state said that the continuing presence of soldiers could interfere in November in the California elections by intimidating voters and “refrigerant participation”.
“The timing of Trump’s expansion of the National Guard soldiers is not accidental – it is held by soldiers on the election day,” Newsom said in a statement. “Reality is like that – they want to continue their tactics of intimidation to scare California to subordinates.”
California had previously attacked the move of President Trump to take control of the state guard in June, but lost the case in dismissal. However, the state claimed on Monday that the situation had changed and that the expansion of the deployment of soldiers was no longer legally justified.
While Judge Breyer’s decision is not binding on other courts, it could affect how rarely the litigned Posse Comitatus Act is interpreted in future legal calls.
California residents have gained much -necessary responsibility against Trump’s illegal militarization of the American city!
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“It will be very influential for any challenges in other cities,” said Brenner Fissell, professor at Villan University Charles Widger School of Law. “If the judge disagrees, he will or will have to explain why.”
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