Newsom Denied Day In Court In Latest Trump Battle Over Troops In LA As Judge Punts: 'You Are Going To Tell Me What To Do,' He Informs DOJ & State Lawyers
Just hours after an Appeals Court shut down the California Governor's attempt to obtain a temporary restraining order on POTUS' control of National Guard troops, Newsom has seen hopes of a quick work around dashed by a federal judge.
More from Deadline
Donald Trump's Two-Week Notice: Late-Night Hosts Have Fun With President's Favorite Measure Of Time
JD Vance Visiting Los Angeles On Friday Amid ICE Raids And Protests
Trump Brags About "Big Win" Over Newsom With Court Ordered Continued Control Of California National Guard, For Now - Update
'Now it is not clear to me that the 9th Circuit stay of the TRO divests this court of its usual authority pursuant to Federal Rules of Civil Procedure …to grant or modify an injunction as to the Posse Comitatus Act following its refusal to grant one,' Judge Charles Breyer told lawyers Eric Hamilton for Trump and Jane Reilley for Newsom this morning in a hearing in San Francisco. 'Of course, this court recognizes that the 9th Circuit has the authority to modify, restore or grant an injunction while the appeal is pending, Federal Rules of Civil Procedure …so that I can be sure that I'm operating within my jurisdiction, I would like the parties to submit briefs by noon on Monday, June 23 2025 addressing whether this court or the Ninth Circuit retains primary jurisdiction to modify or grant an injunction under the Posse Comitatus Act,' the clearly not pleased Bill Clinton appointee added.
Under a very targeted reading of an obscure statute, Trump moved to federalize the Golden State National Guard on June 7 without Newsom's consent in response to protests over a flood of ICE raids in and around LA on June 6. Since then the parties have traded insults over social media and mainstream media, as well as been in and out of court as citizens have taken to the streets, federal buildings have become make-shift detention centers for immigrants hauled in by masked and often no warrant producing agents, and a curfew was placed on DTLA for over a week.
Adding a further wrinkle in what has been by any measure a proceeding draining its relevance by the day as tensions in LA over the troops' downtown presence lessen even as ICE raid intensify, Judge Breyer left the next move a hanging chad of sorts.
'Depending on what you say, because I I'm actually interested in what authority I have, I'll decide what to do next,' he said to the DOJ and state attorneys, who were both obviously ready to argue their respective POV on a preliminary injunction in the Trump/Newsom tug-o-war.
'Maybe I'll have a hearing, maybe I won't, I don't know,' Judge Breyer said. I don't know, that's what you're going to tell me. You're going to tell me what to do. My guess is you might disagree, but nevertheless, I invite you to address that issue.'
While the Judge one again pushed a decision on this matter down the line, as he did earlier this month when the state first moved for an emergency TRO, Breyer did indicate in no small measure where he was coming from Friday.
Before telling the lawyers and their high-powered clients how her want to proceed, Judge Breyer spoke about the unanimous order released last night from the trio of appeals court judges (two trump appointees, and one Joe Biden appointee). In particular, he centered on one area of the 38-page order that may, just may, provide some wiggle-room, or interpretation, as courts love to say.
'In opposing the stay, Plaintiffs do not press their claims based on the Posse Comitatus Act or the APA,' Judge Breyer read out from page 13 of Thursday's 9th Circuit order. 'Consequently, the parties' disputes about how federal forces are being deployed are not before us.'
That last sentence being the potential magic bullet, literally and figuratively, for Newsom in taking charge again of the state's troops.
BTW, if you missed that particular episode of Schoolhouse Rock, the Posse Comitatus Act is 1812 passed law that pretty much blocks the use of the US military, including the National Guard when they are under federal control, from being deployed domestically as a police force. Of course, like so many laws from centuries ago and even last week, the PCA has vague areas and loopholes. For one, Congress can simply vote in a specific deployment. Another exception is the invoking of the Insurrection Act by the President, or perhaps conditions close to but not exactly at the rebellion standard of the Insurrection Act.
Findings by Breyer, based on the briefs, could put the PCA under such scrutiny as to permit an injunction in fact or in name,. In reaction and escalation of a different sort in a nation combating several constitutional crisis' a day at this point, that could also see the conflict loving Trump administration kick it all upstairs to the Supreme Court as they have threatened to do before if things didn't go their way.
Despite what local law enforcement and the likes of the Mayor and Newsom have very loudly said, the White House has justified its actions by claiming things had spiraled out of control in LA with the response to the ICE raids of June 6, and the feds had to step in fast.
It will be interesting to see how this is addressed in the forthcoming briefs from the lawyers on both sides,. It will also be interesting, if that's the word, to see if Vice President JD Vance will bloviate on the matter during his dine and dash visit to LA that was hastily announced this morning, likely in response to the 9th Circuit ruling of last night.
Add to that, what Newsom and the state Attorney General's office lawyer Reilley said to the court after Judge Breyer made his desire for further briefs known. In addition to the Posse Comitatus Act issue regarding whether or how federalized troops have been engaging in civil law enforcement,' she noted, because of the discretionary power here of Defense Secretary and defendant Pete Hegseth. 'We would also want the court to address the duration of the order and the parameters for when the order should conclude.'
As it is, 4,000 National Guard troops are in and around LA, mainly guarding federal buildings, as are about 700 U.S. Marines. Even with the ICE protests, the No Kings demonstrations of June 14 and similar actions planned, the Marines deployment is not a part of the back-and-forth between Trump and Newsom, at least not yet.
FYI – to be clear, sadly there never was an episode of Schoolhouse Rock about the Posse Comitatus Act, but admit it, it's not a bad idea at all.
Best of Deadline
'Poker Face' Season 2 Guest Stars: From Katie Holmes To Simon Hellberg
The 25 Highest-Grossing Animated Films Of All Time At The Global Box Office
The Movies That Have Made More Than $1 Billion At The Global Box Office
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
23 minutes ago
- Yahoo
It's great to be here, I love standing on the soil of Scotland, Trump says
Donald Trump has said he 'loves standing on the soil of Scotland' after landing in the country on Friday evening, according to the Scottish Secretary. Ian Murray told the PA news agency what the US President's first words were after disembarking from Air Force One in Prestwick. The UK Government minister was the first person to greet the president in Scotland as he begins his visit to the country. Speaking after meeting the American leader, Mr Murray told PA: 'The president came off the flight, and I said, 'Mr president, welcome to Scotland – the home country of your dear mother', and he said, 'It's great to be here, I always love standing on the soil of Scotland'. 'I said, 'I hope you're looking forward to a bit of downtime with some golf this weekend', and he said, 'Yes'. And I said, 'Well, we've whipped up a bit of a wind for you to make it a bit more competitive', and he went, 'I'm looking forward to it'.' Mr Murray said Mr Trump was given a warm reception as he got off his presidential plane. Hundreds gathered on the Mound overlooking Prestwick Airport for the president's arrival. A Trump flag was flown while a few spectators wore 'Make America Great Again' hats, although many of those attending were locals and aviation enthusiasts, including some who had travelled from England. Mr Murray said: 'Spotters hills, as it's called, where all the plane spotters come to Prestwick, was absolutely full. 'You could see that from the tarmac and as Air Force One came in, people were snapping away on their photographs. 'To see all that happening is quite a spectacle in itself. 'It's really good to have that kind of focus on Scotland.' Mr Trump will meet Prime Minister Sir Keir Starmer during his trip to discuss the UK-US trade deal as Britain hopes to be spared from the president's tariff regime. The Scottish Secretary said: 'Really, the purpose of this weekend, the purpose of greeting the president off the plane, the purpose of the Prime Minister's relationship with the president is to build that close relationship, to make sure that that old alliance is nurtured, and to do that for the benefit of the national interest, which is about jobs and growth here in the UK, and particularly Scotland.' Mr Trump will meet Scottish First Minister John Swinney during his trip as he opens a new golf course in Aberdeenshire. Before flying to Prestwick, Mr Trump said in Washington that he was 'looking forward' to meeting Mr Swinney, describing him as a 'good man' – the same phrase he used for the Prime Minister after landing in Scotland. Asked about the president's relationship with the UK, Mr Murray said: 'The Prime Minister has taken a very pragmatic approach to the relationship with the president of the United States, because it's in our national interest to do so, whether it be on defence, security, trade, cultural, historic ties. 'It's a historic alliance, and that alliance has to be nurtured and continue through to the future, because it's quite clear that our relationship with United States is good for jobs and growth here in Scotland and across the UK. 'The Prime Minister knows that, and knows that working very closely with the US is in our national interest.' Asked about protests, which are expected across the country, Mr Murray said people had a right to demonstrate, adding: 'Freedom of speech, freedom of assembly and freedom to protest is a key cornerstone of both countries, America and the UK, and the right to be able to protest if they so wish to so.'
Yahoo
23 minutes ago
- Yahoo
Former congressman George Santos begins seven-year prison sentence
Disgraced former congressman George Santos has reported to prison to begin a more than seven-year sentence for wire fraud, identity theft and other charges. The federal Bureau of Prisons confirmed to the BBC on Friday that Santos was in custody at the Federal Correctional Institution in Fairton, New Jersey. The 37-year-old pleaded guilty to federal charges in New York court last year. It marked the downfall of the novice New York politician, who was expelled from Congress after the fraud case alleged that he lied about his background and misused campaign funds to finance a luxury lifestyle. In a post on X before he reported to prison, Santos said his "rhinestones are packed". "I may be leaving the stage (for now), but trust me legends never truly exit," he wrote. The federal government alleged Santos laundered campaign funds to pay for his personal expenses, illegally claimed unemployment benefits while he was employed and lied to the Federal Election Commission (FEC). Prosecutors said he charged more than $44,000 (£32,000) to his campaign over a period of months using credit cards belonging to contributors who were unaware they were being defrauded. In court last year, Santos admitted to theft and applying for unemployment benefits that he was not entitled to receive. He was also ordered to pay at least $374,000 in restitution. After his sentencing in April, Santos attempted to raise money on Cameo, a platform where people can purchase personalised videos from celebrities. Santos gained attention when he defeated a Democratic incumbent in 2022, flipping a district that encompasses parts of New York's Long Island and Queens to the Republicans. The controversy began when the New York Times published a story that year revealing Santos - who had no background in politics - had lied about his CV, including having a university degree and working for Citigroup and Goldman Sachs. It was not long before a series of new lies came to light, including that he falsely claimed his mother survived the 11 September terrorist attacks. Shortly after, local and federal officials launched investigations into the congressman. Santos was eventually charged with 23 federal felony crimes and in 2023 he became the first member of Congress to be expelled in more than 20 years, and only the sixth in history. Ex-congressman George Santos sentenced to seven years in prison George Santos expelled from Congress in historic vote
CNN
23 minutes ago
- CNN
Trump administration will release more than $5 billion in frozen education funding
The Trump administration has decided to release the rest of the nearly $7 billion in funding for public schools that it had frozen, with little notice, earlier this month. A senior administration official told CNN they have finished a programmatic review, and the additional funds will be released to the states. The administration previously announced the release of $1.3 billion of the frozen funds. 'Guardrails are in place to ensure these funds will not be used in violation of Executive Orders or administration policy,' the official added. The nearly monthlong pause in critical funding set off a scramble in schools as they prepare for the fall and summer camps, which faced immediate impacts, with many worried about being able to keep their doors open for the duration of the summer. The funding for K-12 programs included money for teacher education and recruitment, English language programs, student enrichment and nonprofit learning centers that partner with schools, among other initiatives. Much of the money goes towards programs that serve some of the US' poorest children. A day before the funds were to be released, the Department of Education instead sent a letter to programs, saying that money was being held, pending a review. 'The Department will not be issuing Grant Award Notifications obligating funds for these programs on July 1 prior to completing that review,' the email to recipients said. 'The Department remains committed to ensuring taxpayer resources are spent in accordance with the President's priorities and the Department's statutory responsibilities.' The administration alleged the money was being used to promote 'leftwing' ideologies and was conducting a review. It comes as the Trump administration is seeking to dismantle the Department of Education, with mass layoffs underway and severe funding cuts under consideration. Last week, after much outrage at summer camps and non-profits like the Boys and Girls Club that were facing immediate impacts of the frozen funds, the Office of Management and Budget decided to release the hold on $1.3 billion of the nearly $6 billion in funding that goes to 21st Century Community Learning Centers (21st CCLC) – affecting summer camp and after-school programs. But the rest of the funds were still frozen, until now. Earlier this month, some two dozen Democratic-led states sued the Department of Education in federal court to release the funds, which had already been approved by Congress.
