Federal Judge Charles Breyer Rules Trump’s Deployment of Troops to Los Angeles Unlawful

SAN FRANCISCO, Sept. 2, 2025 - In a decision issued Tuesday, U.S. District Judge Charles R. Breyer held that President Donald Trump’s June deployment of approximately 4,000 National Guard members and 700 Marines to Los Angeles violated the Posse Comitatus Act of 1878, which generally prohibits the use of federal military forces for domestic law enforcement.

Breyer’s ruling blocks any remaining federal troops from conducting arrests, searches, traffic enforcement or riot control in California, although the order is stayed until Sept. 12 to allow the Justice Department to appeal. In his 28-page opinion, the judge found that the administration “systematically used armed soldiers and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles,” effectively creating a “national police force with the president as its chief”.

During a three-day bench trial in August, attorneys for California argued that the troop deployment chilled economic activity-including restaurant closures and event cancellations-and fostered an atmosphere of fear among residents. Deputy Attorney General Meghan Strong testified that maintaining a standing military presence contravened the nation’s “long-standing policy against military interference in civilian affairs”.

Justice Department counsel Eric Hamilton countered that the deployment fell within the president’s “protective power” to safeguard federal property and personnel, asserting that such protection does not constitute domestic law enforcement. Judge Breyer repeatedly pressed the government to identify any meaningful limits on the use of military force under the Posse Comitatus Act, questioning, “If the president perceives a threat to the safety of federal agents, does that mean we’ll see federal officers deployed everywhere?”.

California Governor Gavin Newsom, who filed the lawsuit, praised the ruling as a defense of constitutional checks on executive power. The Trump administration is expected to appeal immediately to the U.S. Court of Appeals for the Ninth Circuit, setting the stage for further judicial scrutiny of presidential authority over domestic military deployments.

Judge Breyer’s decision marks the latest in a series of legal challenges to Trump’s use of federal force in civilian contexts, including his recent troop deployments to Washington, D.C., which have similarly drawn criticism and litigation.