Donald Trump has just been ordered by a federal judge to “return control of the California National Guard to the Governor of the State of California forthwith.”
In an order handed down Thursday just a couple of hours after a pitched hearing in San Francisco between Department of Justice lawyers and Golden State attorneys, Judge Charles Breyer awarded Gavin Newsom the temporary restraining order he sought over Trump’s federalization of the California National Guard on June 7 after protests over ICE raids of undocumented immigrants in and around L.A.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions,” the judge wrote in a 36-page order this evening. “He did not.” The Bill Clinton appointed judge added: “His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”
Newsom and the state Attorney General first filed suit against Trump, Defense Sec. Pete Hegseth and others in the administration on June 9. The gist of their argument was that the president overstepped his authority when he dispatched National Guard troops to the region to respond to protests of ICE immigration raids late last week. The governor said the president violated the law by not consulting with him first before the deployment.
On June 11, Newsom upped the ante and demanded a TRO to halt the troop movement and Trump’s brazen authoritarian tactics ASAP
Having already warned on “a monarchy” in the hearing earlier today, Breyer worried that “Defendants’ actions also threaten to chill legitimate First Amendment expression.” To that, and with the overriding Constitutional and jurisdictional issues at play, he laid out exactly what’s next for Newsom and Trump with this halting of military deployment to America’s second-largest city:
For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a temporary restraining order:
Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles.
Defendants are DIRECTED to return control of the California National Guard to Governor Newsom.
The Court further STAYS this order until noon on June 13, 2025.
Plaintiffs are ORDERED to post a nominal bond of $100 within 24 hours. The bond shall be filed in the Clerk’s Office and be deposited into the registry of the Court. If said bond is not posted by the aforementioned date and time, this Order shall be dissolved.
Defendants are further ORDERED TO SHOW CAUSE why a preliminary injunction should not issue. A hearing on this order to show cause will be held on June 20, 2025 at 10 a.m. Plaintiffs’ moving papers shall be filed no later than June 16, 2025; Defendants’ opposition shall be due no later than June 18, 2025, and Plaintiffs’ reply shall be due on June 19, 2025.
Whether or not this White House complies with Breyer’s order is another matter.
https://deadline.com/2025/06/trump-court-ruling-troops-la-newsom-1236432420