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In a court order, Senior District Judge Charles Breyer in San
Francisco said he was not sure he had the authority to consider
California's motion for a preliminary injunction blocking the
administration's further deployment of state National Guard
troops. That's because the case is on appeal before the 9th U.S.
Circuit Court of Appeals, the judge said.
Breyer indefinitely paused all proceedings related to the
state's motion, though he suggested California officials could
file the request with the 9th Circuit.
An email to the California attorney general's office late
Tuesday was not immediately returned.
Breyer's Sept. 2 ruling took on heightened importance amid
President Donald Trump's talk of National Guard deployments to
other Democratic-led cities like Chicago, Baltimore and New
York. Trump has already deployed the Guard as part of his
unprecedented law enforcement takeover targeting crime,
immigration and homelessness in Washington, where he has direct
legal control over the District of Columbia National Guard.
The Trump administration sent troops to the Los Angeles area in
early June after days of protests over immigration raids.
Breyer ruled the administration “willfully” broke federal law,
saying the government knew “they were ordering troops to execute
domestic law beyond their usual authority” while using “armed
soldiers ( whose identity was often obscured by protective
armor) 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.”
He did not require the 300 remaining soldiers to leave but
pointed out that they received improper training and ordered the
administration to stop using them “to execute the laws.” The
order that applies only to California was supposed to take
effect Sept. 12, but the 9th Circuit has put it on hold for now.
California later sought a preliminary injunction blocking an
Aug. 5 order from the administration extending the deployment of
the 300 troops for another 90 days.
The further deployment “would ensure that California’s residents
will remain under a form of military occupation until early
November,” including while voting on Nov. 4 on whether to adopt
new congressional maps — “an election with national attention
and significance,” state officials said in a court filing.
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