A federal judge on Wednesday blocked President Donald Trump’s deployment of National Guard troops to Los Angeles and ordered them returned to the control of California Gov. Gavin Newsom.
The order, handed down by U.S. District Court Judge Charles Breyer, is a blow to the Trump administration, and comes six months after the president in June deployed thousands of federalized National Guard troops to the city in response to a wave of immigration protests.
Breyer on Wednesday rejected the Trump administration’s claim that the demonstrations in Los Angeles amount to a ‘rebellion’ sufficient to justify the president’s continued deployment of National Guard troops in the city under U.S.C. Section 12406, which allows a sitting president to call up or federalize National Guard troops during instances of a foreign invasion or in instances when the president is ‘unable to execute the law.’
Breyer said in the 35-page order that the deployment runs ‘contrary to law’ and risks ‘creating a national police force made up of state troops.’
‘The founders designed our government to be a system of checks and balance,’ Breyer said Wednesday. ‘Defendants, however, make clear that the only check they want is a blank one.’
White House officials told Fox News Digital on Wednesday that they looked forward to ‘ultimate victory’ on the issue, suggesting they are likely to appeal the order to a higher court for review.
‘President Trump exercised his lawful authority to deploy National Guard troops to support federal officers and assets following violent riots that local leaders like ‘Newscum’ refused to stop,’ White House spokesperson Abigail Jackson told Fox News Digital in response to the ruling. ‘We look forward to ultimate victory on the issue.’
Breyer, the brother of retired Supreme Court Justice Stephen Breyer, had issued a temporary restraining order in June blocking Trump’s National Guard deployment from immediately taking effect in California.
That order was quickly stayed by the 9th Circuit U.S. Court of Appeals, and Trump ultimately deployed roughly 5,000 troops in Los Angeles over the summer, as the protests continued, including 4,000 California National Guard troops and roughly 700 U.S. Marines.
‘Six months after they first federalized the California National Guard, Defendants still retain control of approximately 300 Guardsmen, despite no evidence that execution of federal law is impeded in any way—let alone significantly,’ Breyer said Wednesday.
In anticipation of another appeal, Breyer stayed the new preliminary injunction from taking force through Dec. 15.
The new order comes as Trump’s National Guard deployment has sparked fierce backlash from officials from California and other Democratic-led states where Trump launched similar federalization efforts this year, including Oregon and Illinois.
Newsom, who immediately sued to block the effort in his state, has continued to assail the effort as both unprecedented and illegal.
Senior Trump administration officials have argued that the deployment is a necessary step to crack down on what they say is an uptick in violent crime and protect against threats from protesters, including anti-ICE demonstrations in many downtown areas, including Los Angeles.