California Says Trump’s Use of the National Guard to Silence Protests in Los Angeles Violated the Law

Trump’s deployment of the National Guard to Los Angeles, according to California, was illegal and meant to quell protests following immigration raids.

A California attorney told a federal judge on Tuesday that the United States government’s historic use of National Guard troops in Los Angeles to back President Donald Trump’s immigration crackdown was illegal and had to stop.

Meghan Strong of the California Attorney General’s Office claimed evidence indicated the troops violated the 19th-century Posse Comitatus Act (PCA), which forbids the military from participating in civilian law enforcement, while speaking in San Francisco on the second day of a historic trial.

Strong contended, “The government wanted a display of military might so great that any opposition to their agenda was silenced.”

The conflict arose from Trump’s June directive to deploy 4,000 National Guard members and 700 Marines to Los Angeles in reaction to days of protests and violence after widespread immigration raids. Gavin Newsom, the Democratic governor of California, sought to stop the deployment, saying it was illegal.

Eric Hamilton, an attorney with the Justice Department, argued that the violence in Los Angeles called for military action, but he insisted that the troops’ only responsibility was to defend federal agents and property, which is an exemption to the PCA.

According to California, the troops put up obstacles, redirected traffic, and made arrests—all of which are illegal policing practices. Although government witnesses recognized that such acts are normally prohibited, they contended that they were acceptable in cases where federal assets were at danger.

US District Judge Charles Breyer pressed Hamilton on Trump’s June assertion that the protests amounted to a “rebellion” against federal authority, questioning whether the president had unbridled power to determine when troops were required. Does the president’s declaration that it is a “rebellion” make it so? Breyer inquired.

California Attorney General Rob Bonta stated on Monday that 300 National Guard members are still in action, taking part in immigration raids and limiting civilian travel within the state, despite the withdrawal of many troops.

On Wednesday, Breyer will also hear arguments over Newsom’s legal standing to file the lawsuit. When the judge will render a decision has not been specified.

Trump’s separate intention to send hundreds of National Guard troops to Washington, D.C., to combat crime is unlikely to be directly impacted by the trial’s verdict; he has indicated that this measure could be repeated in other US cities.