California is urging a federal court to determine the duration of President Donald Trump’s deployment of the National Guard in Los Angeles. The legal battle intensified on Monday as California questioned whether the deployment violates the Posse Comitatus Act, a 147-year-old law prohibiting military use against civilians. This follows a ruling by the 9th Circuit Court of Appeals, which halted a temporary restraining order from U.S. District Judge Charles Breyer that would have returned control of the National Guard to California Governor Gavin Newsom.
The appeals court found President Trump had a legitimate interest in protecting federal employees amid protests following immigration raids in Los Angeles. However, California argues that the district court should address how long the deployment can last and whether it breaches the Posse Comitatus Act. According to CalMatters, the appeals court’s decision allows Trump to maintain control over the National Guard for now.
Governor Newsom and Attorney General Rob Bonta have filed a lawsuit challenging Trump’s decision, calling it unnecessary and illegal. Newsom emphasized the importance of state control, stating, “The U.S. military belongs on the battlefield, not on American streets.” The governor’s office claims that local law enforcement was capable of handling the situation without federal intervention.
The legal proceedings are ongoing, with a hearing scheduled to determine whether the troops should be returned to state control. The outcome could set a precedent for federal and state authority over National Guard deployments in the future. As reported by KQED, California is seeking to conduct limited discovery, including deposing key federal officials, to strengthen its case.
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