General Discussion

LetMyPeopleVote

(169,711 posts)

39. Deadline: Legal Blog-Judge rules Trump admin's use of military in Los Angeles violated Posse Comitatus Act

Reply to In It to Win It (Original post)

Tue Sep 2, 2025, 05:56 PM

Sep 2

U.S. District Judge Charles Breyer paused his ruling from taking effect until Sept. 12, giving the administration time to appeal.

Judge rules Trump adminâ€™s use of military in Los Angeles violated Posse Comitatus Act
www.msnbc.com
— BethE (@beth-e.bsky.social) 2025-09-02T18:47:57.317Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/military-los-angeles-trump-posse-comitatus-rcna228564

A federal judge ruled Tuesday that the Trump administration broke the law in its use of the military in Los Angeles. If upheld on appeal, the ruling will stand as a check on President Donald Trump’s use of the military for domestic law enforcement and serve as a broader reminder that Trump being commander-in-chief of the military doesn’t make him a national chief of police.......

His analysis in a 52-page ruling led him to issue an injunction barring the government from:

deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants, unless and until [government] Defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act.

Breyer noted that his injunction only applies in California, not nationally, and that the government doesn’t have to withdraw the 300 guard troops currently stationed in L.A., nor is it barred from using troops consistent with federal law. The judge also said his injunction won’t take effect until noon Friday, Sept. 12, which gives the administration time to appeal.

In related litigation, a federal appeals court panel previously lifted a temporary restraining order that Breyer had issued against the deployment itself.

Edit history

Please sign in to view edit histories.

Recommendations

1 members have recommended this reply (displayed in chronological order):

calimary

46 replies

= new reply since forum marked as read

Highlight:

BREAKING: Judge Breyer holds that the Trump admin *violated* the Posse Comitatus Act in its military deployments in LA [View all] In It to Win It Sep 2 OP

So, troops still deployed to Chicago for at least a week? Nt Fiendish Thingy Sep 2 #1

This is an LA order. Ms. Toad Sep 2 #16

Neither link work Pachamama Sep 2 #2

Here Celerity Sep 2 #8

Recrecrec malaise Sep 2 #3

Thanks for the common sense ruling newdeal2 Sep 2 #4

Is it an official duty when he breaks the law? bucolic_frolic Sep 2 #5

Calling up the guard is an official duty. Therefore, even if he did it in such a way that it broke the law... thesquanderer Sep 2 #11

If this ruling only applies to CA and he can't be held brakester Sep 2 #24

I think so Mossfern Sep 2 #35

i ve lost faith in some of our judges to follow the law. they rather follow him. AllaN01Bear Sep 2 #6

Judge says Trump administration's use of US military in Los Angeles violated federal law LetMyPeopleVote Sep 2 #7

Duh! malaise Sep 2 #10

Not evident to those among us Pinback Sep 2 #22

Back off Republicon fascists BoRaGard Sep 2 #9

"Republicon fascists" is a redundancy....... lastlib Sep 2 #12

Judge Breyer says the Trump administration is "creating a national police force with the President as its chief." LetMyPeopleVote Sep 2 #13

NPR reported this am that Judge Breyer will still allow present troops to stay, which makes no sense, except... ancianita Sep 2 #15

The order is stayed until September 12 to allow for appeal LetMyPeopleVote Sep 2 #18

Thanks. ancianita Sep 2 #20

That's covered in the OP. herding cats Sep 2 #19

Thanks. Glad that Justice Kagan has the 9th Circuit in the court 'above.' ancianita Sep 2 #21

Good find, my friend! calimary Sep 2 #40

What is the practical effect? quakerboy Sep 2 #14

Stating the obvious Gum Logger Sep 2 #17

The problem as i see it is, todays supreme court has given TSF (and all future presidents) bluestarone Sep 2 #23

The SC may find it necessary to reverse their immunity decision. Safe as Milk Sep 2 #28

Well, that's the ONLY way we are out of this mess. (that they created) bluestarone Sep 2 #29

The people working for him carrying out illegal activities are not immune questionseverything Sep 2 #36

That would be nice. bluestarone Sep 2 #37

BINGO!! (n/t) OldBaldy1701E Sep 2 #42

Oh yeah, well the Felon President says he can do what he wants to do Catherine Vincent Sep 2 #25

Big K&R!!!!!!!! UTUSN Sep 2 #26

kick Dawson Leery Sep 2 #27

Use of federal troops in Los Angeles is unlawful, judge says LetMyPeopleVote Sep 2 #30

Remeber when Posse Comitatus was a bright red line for the Right Wing? maxsolomon Sep 2 #31

This is moot. Snackshack Sep 2 #32

They already have, with the immunity ruling. nt intrepidity Sep 2 #33

This just proves we are not a nation of laws intrepidity Sep 2 #34

how does this order effect the upcoming invasion of Chicago? Takket Sep 2 #38

Deadline: Legal Blog-Judge rules Trump admin's use of military in Los Angeles violated Posse Comitatus Act LetMyPeopleVote Sep 2 #39

...and Trump will say, "So what". Buttoneer Sep 2 #41

THIS IS the GROUNDS for the 3rd Impeachment: TRUMP has already indicated Jack Valentino Sep 2 #43

"Trump admin *violated* the Posse Comitatus Act" LudwigPastorius Sep 2 #44

The Supreme Court will say the Act is unconstitutional Diraven Sep 2 #45

Someone is above the law? czarjak Sep 3 #46