Federal Judge Questions Trump's Continued Control Of California National Guard

Federal Judge Questions Continued Federal Control Of California National Guard

A federal judge on Friday sharply questioned the Trump administration's authority and the ongoing need to retain command of California National Guard troops first deployed to Los Angeles in June amid violent protests tied to stepped-up immigration enforcement.

At a San Francisco hearing, U.S. District Judge Charles Breyer suggested conditions in Los Angeles may have changed since the initial deployment and repeatedly pressed the government on whether it could lawfully keep state Guard units under federal control "forever." "No crisis lasts forever," he said, arguing that crises "come and crises go." He asked government attorneys to show evidence that state officials were unable or unwilling to protect federal personnel and property and noted the president had access to tens of thousands of active-duty troops in California if needed.

Legal Fight Over Command

California has asked Breyer to issue a preliminary injunction to return control of the remaining California National Guard troops in Los Angeles to state authority. Breyer did not issue an immediate ruling at the hearing. He previously found the administration's initial deployment unlawful after a trial in September, and an appeals court temporarily stayed his earlier order returning command to the state.

The administration initially mobilized more than 4,000 California Guard members in response to protests this summer; by late October that force had dwindled to several hundred, with roughly 100 troops remaining in the Los Angeles area. The Department of Justice says those remaining units were assisting immigration agents and protecting federal property — and noted that someone had recently thrown two incendiary devices into a federal building.

Government's Argument

Justice Department attorney Eric Hamilton told the court that federal law gives the president authority to retain control of state Guard units as long as he deems it necessary, and argued that courts lack the power to second-guess how the president manages an ongoing Guard mission. He added that even if judicial review were permitted, the violence in Los Angeles this summer could justify continued federal control.

States' Concerns

California officials maintain that the activation violated federal limits on the use of the military for domestic law enforcement and that the president cannot deploy a state's National Guard without the governor's consent except in narrow circumstances. "The National Guard is not the president's traveling private army to deploy where he wants, when he wants, for as long as he wants," California Attorney General Rob Bonta said after the hearing.

Similar disputes have arisen in other cities: federal judges have blocked efforts by the administration to deploy National Guard or federal forces to Portland, Oregon, and Chicago. Breyer, who was nominated by President Bill Clinton, has yet to issue a new ruling in the California case.