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Judge Weighs Legality of Trump’s Federalized Guard Deployment in Los Angeles

His decision will shape the balance of federal versus state control over domestic military deployments.

Image
U.S. Marines stand watch at a checkpoint as they guard a federal building, in Los Angeles, California, U.S. June 20, 2025. REUTERS/David Swanson/File Photo
Members of the California National Guard are deployed outside a complex of federal buildings in Santa Ana, California, U.S. June, 18, 2025.  REUTERS/Mike Blake/File Photo
California National Guard members are positioned at the Federal Building in downtown Los Angeles on June 10.

Overview

  • U.S. District Judge Charles Breyer concluded a focused three-day bench trial and is now deliberating whether the deployment violated the 1878 Posse Comitatus Act.
  • Breyer repeatedly pressed the Justice Department on what legal limits prevent a standing federal force from carrying out domestic law-enforcement activities.
  • The DOJ defended Trump’s action under Title 10 authority and a claimed protective-function exception, arguing the statute provides no civil remedy and that California lacks standing.
  • California’s attorneys countered that troops performed active law-enforcement roles—detaining civilians, setting up roadblocks and reinforcing perimeters beyond mere protection.
  • About 250 to 300 federalized Guard members remain in the Los Angeles area as the case awaits Breyer’s ruling and potential appeals to the Ninth Circuit or Supreme Court.