Federal Judge Orders Trump To Return Control of California National Guard (Update: Temporary Stay By Appeals Ct.)
“most protesters demonstrated peacefully”
Don’t have a lot of time to analyze it, but it’s the “crisis’ we knew would happen – the judiciary preventing the president from protecting national security.
A federal judge in the Northern District of California has issued a Preliminary Injunction against the Trump administration’s federalization of the California National Guard finding that the statutory grounds were not met:
“The protests in Los Angeles fall far short of “rebellion.” Defendants refer repeatedly to “violent rioters,” and “mobs,” see, e.g., Opp. at 1, and so the Court pauses to state that there can be no debate that most protesters demonstrated peacefully….
While Defendants have pointed to several instances of violence, they have not identified a violent, armed, organized, open and avowed uprising against the government as a whole. The definition of rebellion is unmet. “
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous." https://t.co/DfrMk3R9Rr pic.twitter.com/0FnHvzcrgW
— Kyle Cheney (@kyledcheney) June 13, 2025
Our executive branch is now a monstrous hydra with at least 678 heads https://t.co/g5jjlHGVEH
— Adrian Vermeule (@Vermeullarmine) June 13, 2025
Can’t wait to hear what the 9th Circuit has to say about this. Members of the Supreme Court should be prepared to cancel their summer vacations because it’s going to be warfare in the streets and lawfare in the courtrooms.
— Gary P. Nabhan (@GaryPNabhan) June 13, 2025
UPDATE
Appeal and Emergency Motion for Stay filed with 9th Circuit.
“The district court has entered an unprecedented order enjoining the President from deploying National Guardsmen to protect federal officers from ongoing violent protests and attacks, and to protect federal property from further damage. That order is an extraordinary intrusion on the President’s constitutional authority as Commander in Chief to call forth the National Guard as necessary to protect federal officials, as well as his statutory authority under 10 U.S.C. § 12406 to mobilize state National Guards into federal service. This Court should immediately stay the order pending appeal….
The district court’s order improperly impinges on the Commander in Chief’s supervision of military operations, countermands a military directive to officers in the field, and puts federal officers (and others) in harm’s way. The balancing of harms thus weighs strongly in favor of interim relief pending appeal and/or mandamus, and this Court should also grant an immediate administrative stay pending consideration of this motion. Defendants-appellants respectfully request that this Court act on the motion no later than 9:00 pm PST today, June 12, 2025, to permit the Solicitor General to seek immediate relief in the Supreme Court, if necessary, before the expiration of the temporary stay issued by the district court at noon tomorrow, June 13.”
UPDATE No. 2
The 9th Circuit Court of Appeals has issues a temporary stay of the order pending further briefing, with an appellate hearing on June 16.
**BREAKING** 9th Circuit panel grants administrative stay of Judge Breyer's ruling. This allows Trump to keep National Guard deployed for a few more days while three judge panel considers the case. pic.twitter.com/qRXNpJJQsz
— Election Wizard (@ElectionWiz) June 13, 2025
If your reaction to this is that “the process is working,” you’re missing the point. Any one of almost 700 district judges might intervene at any time to block anything the President does, even within the core of his Article II powers. The overhang of uncertainty and confusion… https://t.co/l93r1M78qA
— Adrian Vermeule (@Vermeullarmine) June 13, 2025
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Comments
So the way to overthrow a state government is to be disorganized?
I guess that makes sense since the FBI organized the fake state coup in Michigan anyways.
This judge has pegged the retardo meter.
Well, he is family with the gladly dead (at least I’m glad) supreme court justice. It’s hard to imagine there is a single democrat judge that should be on the bench, every one of them seems corrupt and deserving of ejection from the judiciary if not incarceration or execution.
Former Justice Breyer is still living.
I guess you can also just say it’s not a rebellion. As long as it’s a disorganized mob burning buildings, looting and assaulting people while no one is saying they are rebelling it’s all good if the State let’s everything get destroyed.
What is the definable threshold when “peaceable” no longer is? I see the judge quoted Marbury v Madison as judicial primacy. How quaint.
Seeing the Congress didn’t define the term, it would seem that’s a judgment call that’s been left to the POTUS. One thing is for certain, Congress didn’t authorize the courts to make that call.
no can hear you
carry on djt!
When SCOTUS is in session, as they it still is, does the Justice who ‘supervises’ the 9th Circuit (Kagan) have any role in staying this TRO (presuming the 9th doesn’t)? Or, will the full Court quickly decide?
What a time for a district court judge to usurp the Commnder-in-Chief authority of POTUS.
Lovely to see the judge went along with the media’s take that since 99% of LA is not experiencing a riot, there is nothing to worry about. Odd that this attitude didn’t seem to exist on January 6th…
“”That’s the difference between a constitutional government and King George,” said Breyer. ““It’s not that a leader can simply say something and then it becomes it. It’s a question of is a leader, a president or the governor, following the law as set forth in both the Constitution and statutes.”
Just in time and in line for this weekend. Nice to know the fellow travelers out there. What legally can the President do to turn LA into a deeper hole?
Yeah that reference to King George in advance of the ‘no kings’ unrest planned for this weekend across the Nation is IMO incredibly revealing about the political prejudices and policy preferences of this Judge.
This is all performative theater. The judge certainly knows that Mr. Trump invoked Title 10 and that he has the right to do that unfettered by a court.
This is all “Resist We Much”, so favored by the Left. They now have a talking point to convince the gullible that Mr. Trump is somehow violating the law.
This decision is the best one to date for Mr. Tump to declare, publicly, that he’ll ignore. That he continues to work through the system is a major point in his favor.
Better to call in the National Guard to help clear the rubble.
“so the Court pauses to state that there can be no debate that most protesters demonstrated peacefully”
Only three percent of the population of the colonies was sufficient to prosecute an entire successful revolution.
That 1% of LA property involved in the riots accounts for 29% of economy for LA according to reporting from KFI. Should San Fran have the major quake… no federal help as the state was mostly not affected.
This judge actually did the meme ‘fiery but mostly peaceful’. It is lunacy.
TLDR : leftist hack judge bent over backwards to lie that there was no justification despite clear facts that federal law was prevented from being enforced.
The judiciary is a joke at this point, and not a funny one.
More importantly, the judge actually thought he had authority to overrule the president’s power as commander in chief. The arrogance is downright breathtaking.
we shall se if Trump will allow this usurpation
Wait. This judge in particular, and the judicial branch in general, have no say in what is or what is not a rebellion. The law give the president the power to declare a rebellion. And the people elected the president to make that decision.
The judiciary has no say. Trump needs to tell the judge to pound sand. Trump swore an oath to defend the constitution. Defending the constitution requires Trump to ignore unlawful and unconstitutional orders.
The judge uses Marbury v. Madison for supremacy.
Judge is an idiot.
But Marbury v Madison doesn’t give the courts supremacy. All it does is give the courts the right to decide whether a law is constitutional or not. It doesn’t give the courts any power to enforce any of its decision.
SCOTUS threaded the needle in that case. Marshall new that if SCOTUS didn’t do what Jefferson wanted, Jefferson would just disband the district courts. So Marshall said, yes the appointments were valid, but that SCOTUS was not the right court to decide. Congress passed a law giving SCOTUS first jurisdiction in cases of appointments. But Marshall, and SCOTUS, ruled that the constitution gives first jurisdiction to the lower courts and SCOTUS is just an appellate court. So, he threw the case back to the lower courts.
SCOTUS ruled that the law based by congress was unconstitutional because the constitution gave the lower courts and not SCOTUS first jurisdiction. In Marbury, SCOTUS only ruled that SCOTUS could declare laws constitutional or not. That’s it. The case didn’t give the courts any other powers. Although courts have used the case to exert power not actually granted in the case.
Theoretical or functional? The judge is deciding what is constitutional but on terms and terminology of the Left in this case. Bringing up King George is a specific description for planned protests this week. An astute judge would have steered away from the analogy. The mostly peaceful protests were not the issue….the state was not protecting federal agents and property…intentionally delaying assistance.
There is no doubt that Congress left this decision to the POTUS to make, and no other. As I mentioned above, Congress most certainly didn’t give the courts the authority to make this judgment, which is what this court has done in contradicting and overruling Trump’s judgment. Unless plaintiffs have made a convincing argument that law that gives the POTUS this authority is unconstitutional, then whether or not the POTUS’ call is good or bad is a political question, best answered by Congress amending the law such that is more clear to the POTUS in the future.
Did the Judge read the EO? Trump didn’t Federalize the NG to put down protests, peaceful or not it done to protect Federal property and employees.
“call into Federal service members and units of the National Guard under 10 U.S.C. 12406 to temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations.’
It doesn’t matter what the EO said. The commie judge would’ve ruled against the Trump admin regardless.
Appeal to SCOTUS for the win.
NO! This continues the fraudulent idea that every presidential action must have judicial approval. Trump should continue to do as his powers allow the executive to do and flip the middle finger to any miscreant jurist
Precisely. The courts need to be completely cut out of the process.
9th Circuit lunacy aside the hot potato is in the lap SCOTUS, more particularly in the lap of Roberts and Barrett. Those two will likely decide the case and whether they really want to risk confrontation with the Executive Branch and potentially Congress about the headlong hubris of many District Court Judges in seeking to hamstring the Executive.
IMO the Admin should agree to follow the ruling of SCOTUS even if they foolishly uphold this travesty. Formerly return the CANG units to State control. However when the Trump Admin then chooses to use the Insurrection Act Authority (not justiciable and even if it were no POTUS invoking it would ever consent to allowing a CT to shut it down). I very much doubt that the folks celebrating the District Court ruling today will be happy nor will the Judicial supremacists when their power is negated for the duration of the Insurrection. Especially with the Insurrection spreading into Portland, Seattle, NYC and Chicago with more fun insurrection activities scheduled for Saturday. Nope not gonna be huge and kisses when they force the use of the Insurrection Act. Hopefully, a majority of SCOTUS will understand the gravity of the events unfolding due to them coddling the hubris of inferior court Judges and they will pull us from the precipice before the Judiciary is neutered as a consequence of their abject failures.
Trump should take a page from Biden’s playbook. Return control of the National Guard to the state; then immediately refederalize based on changed facts and circumstances.
The state of CA and the city of LA refuse to protect its citizens and conspire against the federal government in the performance of its responsibilities. They side with illegal invaders and the violence committed in support of them. If this is not insurrection I don’t know what is. Time to ignore the judiciary many of whom also seem to be in cahoots with the insurrectionists.
Start by arresting the judges as insurrectionists? Certainly, they’re co-conspirators.
That would be a bold move for a one-eyed fat man. Or for Donald Trump.
At first I thought the headline said, “Judge Orders Trump to Return Control of California to Mexico”
Exactly
That’ll be next.
Yeah but we are continuously lectured that the land was ‘stolen’ from the indigenous tribes (who often stole it from each other and the current ‘indigenous’ tribes were part of the last prehistoric migration from Asia that stole the land from the ‘indigenous’ groups that preceded them). So do we give it Mexico?Why not Spain? How about to the Comanche who stole much of it from the Apache and other tribes? Great Britain also had a claim as does France. If I recall even Russia has a weak claim to CA.
Dear judge,
How does ‘No’ grab ya?
Sincerely,
Trump
p.s. suck my c*ck
With all due respect, Justice Breyer is a moron.
If he needs an example, one of many, he needs to but review Proclamation 6427 dated May 1 1992.
In that document President Bush Federalized portions of the California National guard for the Rodney King riots.
Bush sent in Active duty Marines to help put down the riots. How soon the left forgets history.
That was a riot of yesteryear, when men were men and riots were violent affairs.
Today’s riots are “mostly peaceful,” and are of insufficient account for the POTUS to exercise his authority over a State’s NG.
“National guard”. Equipped and trained in conjunction with national military. How about he call up the Idaho National Guard and send them? Florida volunteered. They are by name federal reservists. Its why Florida has botha Natuonal Guard and a State Guard.
Judge Roberts is the titular head of the Federal Judiciary. Rein it in or we will be waking up to an entirely new Republic. One where the judiciary has been marginalized by its own hubris.
I say we the people jump past that point of an ineffective judiciary, and simply take control of the country try ourselves.
Yes, they’ve been taking liberties with the constitutional order for awhile now.
Well the Marine units are now retrained on riot control so passing of lines and let the Marines take over.
looks like Ilnness omars daughter ISRA is calling for
death to the colonial empire’ on Instagram
Judge Breyer would rule her actions legal.
lol. DoJ has already filed their appeal w/9th Circuit. It’s over 300-pages. They mast have been preparing it since Newsom first filed with the District Court.
And the Ninth Circuit promptly backhanded the judge like he deserved. I don’t say this often, but the 9C did good.
So how did Trump respond when he was told of the Judge’s ruling?
He finished his call with Netanyahu, hung up the phone and said, “No problemo. I’ve got bigger fish to fry.”
Giving Bibi the coordinates of a federal courthouse.
So now a judge is saying the governor of California can prevent Trump from putting down an insurrection?
The 1st A guarantees peaceful assembly…not mostly peaceful.
So according to this judge, ACW1 wasn’t a rebellion?
Most of those in Southern states were peaceful before and during the alleged conflict. Thus any dissent with the Union was largely non-violent.
And while Lincoln could point out instances of violence after fiery but mostly peaceful protesting against Fort Sumter, the Confederacy was not on the whole a violent, open and avowed, uprising against the Union as a whole, rather they simply opted out of the Union and went there own way.
Was ACW1 thus an illegal war by DC?
Gavin Newsom channeling George Wallace. I am old enough to remember the failure of the federal government to protect the black citizens of the south. After almost a century, LBJ was reluctantly forced to federalize the Alabama National Guard to protect the Selma to Montgomery march in the spring of 1965.
I joined the march on the last day and I well remember the guard standing soldier to soldier keeping the crowds lined up on the sidewalk from attacking the marchers.
I’m so old I remember Ike sending the army against a democrat governor.
You misspelled the judge’s name. It is spelled Brioter.
Not Breyer but B-rioter,
*/s
This is called a coup. A court now commands the armed forces of the US
This is the chaos Democrats are purposely creating for their own political purposes. It has nothing to do with protecting anyone. It’s all about protecting Democratsbpolitical power and nothing more.
I must have missed the part where the Judiciary in the form of an activist judge gets to determine what is a rebellion and what is not then tell The President if he can deploy troops. This is one of the most outrageous decisions unelected judges have made lately. The Constitution and the laws passed by Congress give The President sole authority to decide these matters. I wonder when or if people are finally going to wake up and realize how dangerous these district court judges seizing executive authority actually is.
Okay, let ICE do their job, send in military and let LA burn to the ground.
The judge, and quite a few others, are PART of the rebellion.
They have no right to intervene. What they are doing is using the cover of the courts to thwart the Constitutional powers of the presidency via judicial malfeasance.
This is a deliberate tactic. An openly stated tactic –and, as such, should be ignored.
The Supreme Court is a co-equal branch of government. The lesser courts are not.
Watch for violence in other areas on Sat.
They won’t get far in red states. But mixed cities in blue states will see violence roll. Spokane Wa has been a hotter mix of late.
Many libtards fleeing Seattle end up there to wreck it the way they wrecked the west side of the state.
This continued lunacy fall directly at the feet of the Chief Justice and Congress.
This should have been handled by Roberts the first time it happened, but he is a whiney toddler who is more worried about the way the court looks than if the court works. Just the fact that this even needs to be addressed by congress shows his utter lack of leadership.
Congress can curtail this stuff with a simple majority vote to reign in the courts or even completely restructure them.
Better yet they could probably do it with a letter to Roberts telling him to reign in the inferior lower courts robed tyrants or they will use their Majority to not only reign them in but to restructure them in a way that this usurping of an other branches power can never happen again.