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Judge Breyer Orders Briefings on Posse Comitatus Act in Trump’s Los Angeles Guard Deployment

Judge Charles Breyer paused further rulings to request briefs on whether the National Guard’s duties violate the Posse Comitatus Act

California National Guard stand guard along a street near protesters and Trump supporters in Santa Ana, Calif. on Tuesday, June 10, 2025. (AP Photo Jae C. Hong)
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Overview

  • The Ninth Circuit stayed the lower court’s restraining order, allowing President Trump to maintain command of California National Guard troops in Los Angeles
  • District Judge Charles Breyer set a Monday deadline for both sides to file briefs on potential breaches of the Posse Comitatus Act, which bars military involvement in civilian policing
  • Governor Gavin Newsom contends the federalization of the state Guard without his consent inflamed public tensions, undermined local authority and misallocated resources
  • Protests over recent immigration raids have largely subsided, prompting Los Angeles Mayor Karen Bass to lift the downtown curfew that followed clashes and property damage
  • Vice President JD Vance toured Los Angeles to meet Marines assigned to protect federal sites and pledged to deploy federal forces where local enforcement is insufficient