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Judge rules that the Trump administration violated the Posse Comitatus Act in Los Angeles [1]

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Date: 2025-09-02

Federal judge Charles Breyer ruled today that trump and Defense War Sec Pete Hegseth violated federal law by using the US military to help carry out law enforcement activities in and around Los Angeles this summer.

Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law. Nearly 140 years later, Defendants—President Trump, Secretary of Defense Hegseth, and the Department of Defense—deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal immigration law was enforced. There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.

Full ruling at www.documentcloud.org/…

Almost three months after Defendants first deployed the National Guard to Los Angeles, 300 National Guard members remain stationed there. Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country—including Oakland and San Francisco, here in the Northern District of California—thus creating a national police force with the President as its chief.

Strong words questioning the intentions of the Defendants -

Because there is an ongoing risk that Defendants will act unlawfully and thereby injure Plaintiffs, Governor Newsom and the State of California, the Court ENJOINS Defendants from violating the Posse Comitatus Act as detailed below ...

They knew they were violating the Posse Comitatus Act.

Moreover, Defendants violated the Posse Comitatus Act willfully. Defendants knowingly contradicted their own training materials, which listed twelve functions that the Posse Comitatus Act bars the military from performing. And they “coach[ed]” federal law enforcement agencies as to what language to use when submitting requests for assistance in an attempt to circumvent the Act. These actions demonstrate that Defendants knew that they were ordering troops to execute domestic law beyond their usual authority. Whether they believed that some constitutional or other exception applied does not matter; “ignorance of the law is no excuse.”

The injunction is narrow -

Finally, the Court’s injunctive relief in this case is narrowly tailored to address Defendants’ statutory violations. The injunction applies only to Defendants’ use of the National Guard in California, not nationally. Defendants are not required to withdraw the 300 National Guard troops currently stationed in Los Angeles, nor are they barred from using troops consistent with the Posse Comitatus Act. In fact, the Court essentially just orders Defendants to follow the (unedited) training materials that they introduced in this rial. Thus, for example, federal troops can continue to protect federal property in a manner consistent with the Posse Comitatus Act.

The ruling ends with the following. Judge Breyer put the injunction on hold until Sept. 12.

For the foregoing reasons, the Court ORDERS that Defendants are enjoined 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 Defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act. The Court STAYS this injunction until 12:00 noon on Friday, September 12, 2025.

Hopefully, this applies the brakes to trump’s plans to send the military into Chicago and other Democratic cities. And provides guidance and courage to other judges who are tackling similar cases or will do so in the near future.

Yes, we are still ruled by law, not a dictator. But, we are under no disillusion that the dictator will run to the friendly halls of SCOTUS to get a green card to continue his destruction of American Democracy. Let’s stay vigilant and let’s keep informing the electorate.

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[1] Url: https://www.dailykos.com/stories/2025/9/2/2341420/-Judge-finds-that-the-Trump-administration-violated-the-Posse-Comitatus-Act-in-LA?pm_campaign=front_page&pm_source=trending&pm_medium=web

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