Federal Judge Declares Trump Violated Posse Comitatus, Allows National Guard to Remain in LA

Federal District Court Judge Charles Breyer has ruled that President Trump’s deployment of National Guard troops into Los Angeles, in response to the violent riots against ICE agents and law enforcement, has violated the 1878 Posse Comitatus law which prohibits the U.S. military from performing domestic law enforcement functions unless expressly authorized by the Constitution or Congress.

Fulfilling his campaign promise of mass deportations, Trump’s ICE deputies have arrested more than 5,000 illegal immigrants in California. In response to the escalating protests and violence, President Trump activated the National Guard and the U.S. Marines to protect the deputies, law enforcement, citizens, and business owners.

Judge Breyer, nominated by President Bill Clinton in 1997, declared in his decision that the “President is creating a national police force” to “quell a rebellion and ensure that federal law was enforced.” Breyer determined that although there were indeed violent protesters, “there was no rebellion.”

His decision also allows the remaining 300 guardsmen to patrol Los Angeles pending an appeal.

Bill Essayli, Acting U.S. Attorney for the Central District of California, stated, “The military will remain in Los Angeles. This is a false narrative and a misleading injunction.The military has never engaged in direct law enforcement operations here in LA. They protect our federal employees our properties so our federal agents can safely enforce federal laws in the face of the thugs being unleashed and encouraged by state and local politicians.”

In response, Governor Gavin Newsom proclaimed victory and continued the narrative  that Trump was “terrorizing Americans, kids, and hardworking immigrants.”

The Globe extensively reported on the “mostly peaceful” riots and followed the money to determine that the nonprofit CHIRLA was actively funding and coordinating the violent mayhem using taxpayer dollars.

California Attorney Laura Powell also  blew the lid off of the funders of these riots:

“If you are a Californian, the current LA riots are an example of your tax dollars hard at work. The Coalition for Humane Immigrant Right—CHIRLA—is one of the key players in fomenting the violent response to immigration enforcement actions. It’s an LA-based nonprofit with a history of taking radical positions on immigration; for example, it led a 2018 campaign to abolish ICE. It currently leads the Los Angeles Rapid Response Network, which gathers intel about enforcement actions and deploys activists to respond. CHIRLA has strong ties to the Democrat Party in California and has supported the election of Democratic candidates through its lobbying arm. It has a particularly close relationship with Los Angeles Mayor Karen Bass. The organization also has a close relationship with organized labor in the state, which in turn is a major financial supporter of Democrat politicians. On Friday, amid rising tensions, CHIRLA held a rally protesting ICE’s enforcement actions and the arrest of SEIU President David Huerta for obstruction. The incredible part is that CHIRLA’s activities are primarily funded by California taxpayers. I obtained a financial audit that shows that for the fiscal year ending June 2023, it received $34 million from the state, mostly through the Department of Social Services, accounting for 72% of its total revenue. This was nearly a three-fold increase over the previous year. CHIRLA also received a $450,000 federal contract in 2023, which Mayor Bass publicly took credit for helping secure. DHS froze funding in February, which prompted a lawsuit from CHIRLA. DHA then canceled the contract, and the lawsuit was then dismissed. Eisenhower warned of the military-industrial complex—now we face a nonprofit-industrial complex.”

In June, Essayli announced that his office is investigating who is behind these coordinated attacks. In an interview with Fox News reporter Bill Melugin, Essayli said his office has many open investigations into looters, rioters, arsonists, and rock/stone throwers, adding that every piece of available video and social media will be combed through and that the targets shouldn’t feel comfortable just because they haven’t been arrested. “It’s coming,” he promised.

Today. Essayli announced the arrest of tow truck driver Bobby Nunez, 33, of South Los Angeles, “charging him with stealing a government vehicle used during an immigration arrest last month. Nunez’s initial appearance is expected this afternoon in U.S. District Court in Los Angeles. He faces up to 10 years in federal prison if convicted.”