A federal judge on Wednesday ordered Donald Trump’s administration to immediately end the deployment of the California National Guard to Los Angeles, concluding that the troops’ presence had become illegal after the end of the riots that justified federalization. This measure concerns around a hundred soldiers who remained in the city six months after the demonstrations took to the streets during the summer.
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Judge Charles R. Breyer of federal court in San Francisco ordered the government to return control of the troops to Gov. Gavin Newsom, but stayed enforcement of the order until Monday, pending a possible appeal from the White House.
In his ruling, he directly criticized the prolonged use of the federal system: “The Founders designed our government as a system of checks and balances. Defendants, however, make it clear that the only check they want is a blank check.”
Trump had called up about 4,000 California National Guard troops in June, over the objections of state and local officials, citing the need to protect federal facilities and agents during intense protests over immigration operations. Throughout the second half of the year, the contingent was reduced until reaching 300 soldiers last month, with a plan to maintain 100 soldiers through February.
California, however, argued that the state of emergency allowing federalization had ended. In a request for a preliminary injunction filed in November, Assistant Attorney General Meghan Strong said the law only authorizes presidential command in cases of “present” emergency. “As soon as this situation has passed, we must put an end to federalization,” he declared.
Trump administration lawyers emphasized continued threats against federal agents, citing the arrest of a man who allegedly tried to burn down a federal building the previous week. They also argued that the legislation only requires that emergency exist at the time of federalization and that it is up to the president to decide when to end the operation.
Justice Breyer, however, agreed with the State’s argument: “No crisis lasts forever,” he said during the hearing. Although he rejected California’s request to prevent future federalizations, he noted that the state could take legal action if further steps were taken in this regard.
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