A Clinton-appointed federal judge has issued a jaw-dropping ruling declaring that President Donald Trump acted “unlawfully” by federalizing the California National Guard and deploying Marines to protect federal officials amid violent protests and riots over ICE immigration enforcement.
Judge Charles Breyer absurdly claimed that Trump’s actions violated the 150-year-old Posse Comitatus Act, a law that never intended to hamstring the president in moments of urgent lawlessness. This case arose after Trump federalized roughly 4,000 National Guard troops back in June after rioters were defacing federal property and attacking ICE agents in protest of illegal immigration raids.
Trump’s goal was straightforward: protect federal officers and facilities where local authorities had utterly failed to maintain order. Yet Breyer chose to side with chaos, insisting that any use of troops — even to shield federal officials from violent mobs — somehow “overstepped constitutional limits.”
Breyer questioned the very scope of presidential authority over military deployment on U.S. soil. But the irony was impossible to ignore. Maj. Gen. Scott Sherman, who oversaw the California National Guard, testified that his troops were specifically trained to comply with the Posse Comitatus Act. The Trump administration explained that the law didn’t apply because the troops were defending federal officers, not acting as police. Breyer, who has ruled against the Trump administration previously, waved that aside, twisting the law to declare that even limited protective action amounted to a violation. Breyer's message was that presidents must watch lawlessness unfold while they cannot act.
This isn’t some minor bureaucratic spat; it’s a brazen attack on the president’s constitutional authority under 10 U.S.C. § 12406, which empowers the commander-in-chief to federalize state National Guard units when local officials fail to maintain order.
Recommended: Famed Comedy Writer Arrested at Heathrow for Three Anti-Trans Tweets
The law exists for moments just like this: serious crises, riots, or threats to federal property. By ignoring that authority, Breyer is effectively empowering lawlessness, telling presidents they must sit idly by while mobs run rampant. And let’s not forget the political context: Bill Clinton appointed Breyer, who is the brother of retired liberal Supreme Court Justice Stephen Breyer. Conservatives see this as exactly the kind of activist judicial overreach that the left uses to hobble Trump and tie the hands of any president confronting disorder.
The Ninth Circuit Court of Appeals previously sided with Trump, halting any order that would have forced him to cede control of the Guard to Newsom. The three-judge panel recognized that the president had the authority to act decisively when local authorities failed to act. Yet Breyer’s ruling continues to signal that, in blue-state America, a lawless ideology takes precedence over law and order, with courts ready to punish the president for trying to restore stability.
For now, Breyer’s decision is mostly symbolic in California, where the federal government has demobilized most Guard members. But the implications are staggering: if courts are willing to strip a president of this essential authority, what hope is there for federal protection in other blue cities facing unrest? The left wants Trump neutered, telling him to “sit on his hands” while disorder spreads, and judges like Breyer are happy to provide cover. This ruling is not legal reasoning; it is a partisan weapon, a signal that lawlessness may be safer than federal enforcement in Democratic-controlled areas.
This ruling is a disgrace. It punishes Trump for using his constitutional authority to protect federal officials and uphold the law. What liberals call “legal limits” is really a partisan weapon to weaken the president and empower lawlessness. The courts now face a choice: side with chaos or respect the president’s authority. The stakes for law and order and the balance of power in America couldn’t be higher.
Outraged by activist judges undermining law and order? PJ Media exposes the truth behind rulings the media buries, holding the left accountable. Join PJ Media VIP to keep patriots informed and fighting. Use the code FIGHT for 60% off. Don’t wait, join today!