Judge Rules Trump Broke Posse Comitasus Act With Military Occupation

U.S. District Judge Charles Breyer on Tuesday ruled that the Trump administration’s use of the military troops in Los Angeles was a blatant, illegal violation of the Posse Comitatus Act. Breyer has blocked the president from deploying the National Guard to California again.

“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,” Breyer wrote in his decision.

“There were indeed protests in Los Angeles, and some individuals engaged in violence,” he continued. “Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.... Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act.”

Breyer put the ruling on hold for 10 days, as the Trump administration is likely to appeal.

This move, if extended, will likely have a significant impact on Trump’s stated plans to expand his military takeover of Washington, D.C., to other cities like New York, Baltimore, and Chicago.

This is a developing story.