A federal judge in San Francisco ordered the Trump administration to “return control” of the deployed California National Guard soldiers to the State. The judge wrote that President Donald Trump did not follow the congressionally mandated procedures for his order to deploy the National Guard to Los Angeles.
Senior U.S. District Court Judge Charles Breyer, a Clinton appointee, ruled Thursday evening that the Trump administration must relinquish control of the California National Guard. Breyer wrote that the president’s “actions were illegal.” He said they exceeded “the scope of his statutory authority,” and his actions “violated the Tenth Amendment to the United States Constitution.”
The New York Post reported that Brett Shumate, the head of the DOJ’s Civil Division, argued that the president’s order had delegated the federalizing of the Guard through California’s adjutant general as required by the law.
“There’s no consultation requirement, pre-approval requirement,” Shumate argued. “There’s one commander-in-chief of the armed forces.”
In his ruling, Breyer enjoined the Trump administration from deploying members of the California National Guard in Los Angeles. He also ordered the “defendants” to return control of the California National Guard to Governor Newsom.
In a social media post, Governor Gavin Newsom wrote, “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets.”
The Hill reported that Bryer repeatedly emphasized that Trump is exercising presidential authority, not a king’s. He said the presidential role comes with limitations.
“That’s the difference between a constitutional government and King George,” Breyer said.
As the legal battle waged in court on Thursday, President Trump was asked about the planed nationwide “No Kings” demonstrations set for this weekend. He responded that he “doesn’t feel like a king.”
“I have to go through hell to get stuff approved,” he said.
As of press time, the White House has not reacted to the ruling from the court. It is expected that Breyer’s ruling will be appealed.
Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday morning talk show. He also serves as president of Blue Wonder Gun Care Products.
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