A federal judge on Tuesday ruled that President Donald Trump’s decision to send the National Guard to quell the anti-ICE riots in Los Angeles earlier this year was unconstitutional
In a 52-page ruling, US District Judge Charles R. Breyer, a Clinton appointee, argued that the Trump administration’s actions violated the Posse Comitatus Act of 1878.
Breyer’s ruling bars the White House and federal officials from continuing the deployment of National Guard and Marines in Los Angeles for immigration enforcement and to handle protests. Breyer stressed that “Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law.”
The judge further argued that there was “no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.” Breyer characterized the Trump administration’s use of armed soldiers for law enforcement functions such as traffic blockades and crowd control as a violation of the 1878 legislation.
In his ruling, the judge noted that despite acknowledging that military forces were not supposed to be used for law enforcement, commanders still told troops they could carry out “security patrols,
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