Federal Court Grants Injunction Requested by Gavin Newsom Blocking Trump's Use of U.S. Military in Los Angeles

Sep 2, 2025:

California Governor Gavin Newsom announced that a federal court has granted California's injunction blocking Trump's illegal use of the U.S. military as a domestic police force.

In the press release Newsom says:

Today, the court sided with democracy and the Constitution. No president is a king — not even Trump — and no president can trample a state's power to protect its people. As the court today ruled, Trump is breaking the law by "creating a national police force with the President as its chief." That's exactly what we've been warning about for months. There is no rampant lawlessness in California, and in fact, crime rates are higher in Republican-led states. Trump's attempt to use federal troops as his personal police force is illegal, authoritarian, and must be stopped in every courtroom across this country.

Source:

(June 9, 2025). "Governor Newsom secures federal court victory, Trump's use of National Guard in Los Angeles illegal". gov.ca.gov. Retrieved 2025-09-06.

Part of the court order reads:

Congress spoke clearly in 1878 when it passed the Posse Comitatus Act, prohibiting the use of the U.S. military to execute domestic law. Nearly 140 years later, Defendants—President Trump, Secretary of Defense Hegseth, and the Department of Defense—deployed the National Guard and Marines to Los Angeles, ostensibly to quell a rebellion and ensure that federal mmigration law was enforced. There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law.

Nevertheless, at Defendants' orders and contrary to Congress's explicit instruction, federal troops executed the laws. The evidence at trial established that Defendants systematically used 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. In short, Defendants violated the Posse Comitatus Act.

The Court ORDERS that Defendants [TRUMP ADMIN] are enjoined from deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.

The ruling, ordered to take effect on September 12, was court order handed down by U.S. District Judge Charles Breyer in San Francisco. Breyer is the younger brother of Stephen Breyer, who served as a Supreme Court justice from 1994 to 2022.

Newsom also requested a preliminary injunction, asking the court to stop the new order extending soldiers' deployment in Los Angeles through November 5 (election day).

Jun 9, 2025:

California Governor Gavin Newsom and California Attorney General Rob Bonta announced the filing of a lawsuit against the Trump administration to end the illegal and unnecessary takeover of a CalGuard unit in Los Angeles.

In the press release Newsom says:

Donald Trump is creating fear and terror by failing to adhere to the U.S. Constitution and overstepping his authority. This is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic. Every governor, red or blue, should reject this outrageous overreach. This is beyond incompetence — this is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. It is an unmistakable step toward authoritarianism. We will not let this stand.

In the press release Bonta says:

President Trump's order calling federalized National Guard troops into Los Angeles – over the objections of the Governor and local law enforcement – is unnecessary and counterproductive. It's also deeply unfair to the members of the National Guard who are hard at work every day protecting our state, preparing for and responding to emergencies, and training so that, if called, they can fight our nation's wars. Let me be clear: There is no invasion. There is no rebellion. The President is trying to manufacture chaos and crisis on the ground for his own political ends. Federalizing the California National Guard is an abuse of the President's authority under the law– and not one we take lightly. We're asking a court to put a stop to the unlawful, unprecedented order.

Source:

(June 9, 2025). "Governor Newsom suing President Trump and Department of Defense for illegal takeover of CalGuard unit". gov.ca.gov. Retrieved 2025-09-06.

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