A federal judge ruled that President Trump’s deployment of the National Guard and U.S. Marines to Los Angeles violated long-standing federal law prohibiting the use of the military in domestic law enforcement. The decision, issued September 2 by U.S. District Judge Charles Breyer, declared the operation unlawful under the Posse Comitatus Act and imposed an injunction set to take effect on September 12.
The Trump administration had ordered the deployment of military personnel to Los Angeles in response to escalating crime and widespread property destruction. The operation was justified by the White House as necessary to restore order and protect federal assets. However, Judge Breyer ruled that the action overstepped constitutional and legal limits, stating that the military’s involvement in civil matters breached the foundational principle of civilian control over law enforcement.
Following the ruling, the administration immediately filed an appeal with the U.S. Court of Appeals for the Ninth Circuit. The appeal argues that the military forces were not engaged in direct law enforcement, but rather served in a protective and supportive role focused on safeguarding federal facilities and assisting local authorities in a non-combative capacity.
Acting U.S. Attorney Bill Essayli criticized the ruling, calling it a mischaracterization of the mission’s purpose. Essayli explained, “They protect our federal employees (and) our properties so our federal agents can safely enforce federal laws in the face of the thugs being unleashed and encouraged by state and local politicians.”
The Posse Comitatus Act, enacted in 1878, restricts the federal government’s use of the military for domestic law enforcement without congressional approval. While exceptions exist under the Insurrection Act, Judge Breyer stated that the legal threshold for invoking such powers was not met in this case.
The State of California, led by Governor Gavin Newsom, has opposed federal intervention, arguing that the state did not request or approve the use of active-duty personnel within its borders. “Trump is breaking the law by ‘creating a national police force with the President as its chief.’ That’s exactly what we’ve been warning about for months,” Newsom stated.
With the injunction scheduled to take effect September 12, the outcome of the Ninth Circuit appeal may determine whether federal troops remain in Los Angeles or are withdrawn under court order.
