BIG, JUST IN: Judge Charles Breyer finds that President Trump exceeded the scope of his authority and violated the 10th Amendment by federalizing the California National Guard and orders him to return control to Governor Newsom. 1/
https://storage.courtlistener.com/recap/gov.uscourts.cand.450934/gov.uscourts.cand.450934.64.0.pdf#LawFedi
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“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.” 2/
Some key background facts:
“Defendants did not notify Governor Newsom of their intent to federalize the California National Guard prior to issuing the June 7 Memo or the June 7 DOD Order.… Governor Newsom only learned of the June 7 DOD Order from the Adjutant General after the Adjutant General received it.” 3/
Court notes that numerous sources testify to the fact that putting the National Guard on the streets of L.A. inflamed the protests. 4/
Newsom informed Hegseth that his order to deploy National Guard was unlawful, that local law enforcement resources sufficient, and that deploying National Guard w/out adequate training or orders risked serious escalation of situation. Newsom asked Hegseth to rescind order.
Instead, Hegseth posted on social media that he was deploying 700 active duty Marines to L.A. to “restore order” and “defend federal law enforcement”. 5/
“The parties have not introduced any evidence of any protesters carrying firearms, and there is no evidence of any organized (as opposed to sporadic) violence.” 6/
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