Overview

• A three-day bench trial before Judge Charles Breyer opened on August 11 to determine whether federalizing California National Guard units and deploying Marines to Los Angeles violated the 1878 Posse Comitatus Act and constitutional constraints.
• California argues that troops accompanied ICE on raids and set security perimeters that crossed into civilian law enforcement, and it seeks to restore state control over the roughly 250 to 300 Guard members still under federal activation.
• The federal government contends the forces were solely protecting federal property and personnel, has asked the court to dismiss Posse Comitatus claims and cites Title 10 authority for the June mobilization.
• Testimony from Maj. Gen. Scott Sherman and Army deputy chief William B. Harrington described orders to avoid arrests even as internal memos outlined a show-of-force mission, and DHS director Ernesto Santacruz Jr. said troops were essential to agent safety.
• Judge Breyer pressed DOJ attorneys to define clear legal boundaries for domestic troop deployments, reserved judgment on a dismissal motion and signaled that his ruling could set a precedent for presidential use of military forces in U.S. cities.