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hlthe2b

(110,178 posts)
Thu Jun 12, 2025, 06:58 PM Thursday

**Breaking/Updated: Judge releases ruling Returning National Guard OVERSIGHT to NEWSOM Tomorrow**

Last edited Thu Jun 12, 2025, 09:13 PM - Edit history (3)

https://apnews.com/article/california-immigration-national-guard-newsom-trump-lawsuit-aedf8cdd95ee899c9559d5e54a2e4833

A federal judge said Thursday that he plans to rule quickly on whether President Donald Trump exceeded his authority by deploying the California National Guard in Los Angeles against the governor’s wishes.

“This country was founded in response to a monarch, and the Constitution is a document of limitations. I’m trying to figure out where the lines are drawn,” U.S. District Judge Charles Breyer said before a packed courtroom.


Gov. Gavin Newsom, a Democrat, has characterized the federal military intervention in the nation’s second largest city as the onset of a much broader effort by Trump to overturn political and cultural norms at the heart of the nation’s democracy. Los Angeles Mayor Karen Bass has echoed that, saying the troop deployment was unnecessary and meant to undermine local jurisdictions and intimidate the city’s large immigrant population.


***The title UPDATES, but the decision link follows (thank you pnwmom).***
https://www.courtlistener.com/docket/70496361/64/newsom-v-trump/
35 replies = new reply since forum marked as read
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**Breaking/Updated: Judge releases ruling Returning National Guard OVERSIGHT to NEWSOM Tomorrow** (Original Post) hlthe2b Thursday OP
Kick SheltieLover Thursday #1
Judge said ruling on the marines is beyond his scope. Wonder what the process is for that. Amaryllis Thursday #2
Yeah. EndlessWire Thursday #3
If Krasnov JustAnotherGen Thursday #5
I can only hope DENVERPOPS Thursday #6
If the shooting starts, the looting starts, IN EARNEST--- not this penny-ante stuff Jack Valentino Thursday #19
I don't think it is looting JustAnotherGen 19 hrs ago #22
exactly what came to me yesterday, when I read about this case scheduled for a ruling. msfiddlestix 13 hrs ago #23
the question then is, will they follow unconstitutional orders? nt Javaman 11 hrs ago #25
The Coast Guard doesn't fall under that act because we are currently under the Department of Homeland Security and LT Barclay Thursday #18
TY! n/t EndlessWire Yesterday #21
Coast Guard Normanart 13 hrs ago #24
And some of their OLD ships are still there Attilatheblond 11 hrs ago #26
We still get a lot of hand me downs. LT Barclay 11 hrs ago #29
Nobody puts transport planes to better use that the USCG, in my opinion Attilatheblond 10 hrs ago #31
We have deployed in every major conflict for 2 reasons: LT Barclay 11 hrs ago #27
And when the USS Constitution needs to be turned twice a year, who ya gonna call? Attilatheblond 10 hrs ago #32
Didn't know that. Thanks! LT Barclay 3 hrs ago #35
Is it because Coast Guard falls under Homeland Security? woodsprite 11 hrs ago #28
Can't remember what year is was when Homeland got the CG. Attilatheblond 10 hrs ago #33
Don't forget MW67 Thursday #4
Here's the actual ruling. pnwmom Thursday #7
Thank you, pnwmom... I'll add it to the original post... hlthe2b Thursday #10
Interesting but irrelevant - the judge in this case (Charles Breyer) is the brother of former SCOTUS Justice Stephen Bre TheRickles Thursday #8
Trump will issue a scathing attack on him newdeal2 Thursday #15
**Updated above with overview of decision but looking for a linked summary** hlthe2b Thursday #9
Watch what the Supreme Court does 😑 In It to Win It Thursday #11
I'm glad to hear he's going to rule quickly... slightlv Thursday #12
Nope... There were NO OFFFICIAL ORDERS ISSUED. Thus, nothing these NG are doing is legal, they won't be paid hlthe2b Thursday #14
"Vigilante justice" ?? Jack Valentino Thursday #20
Now bdamomma Thursday #13
See my post above. The NG has no choice unless another court intercedes.. hlthe2b Thursday #16
if the guard refuses their commanders can be brought up on state charges moonshinegnomie Thursday #17
If there is no longer any law that will hold stillcool 11 hrs ago #30
The decision has been blocked by the 9th circuit temporarily DetroitLegalBeagle 9 hrs ago #34

Amaryllis

(10,459 posts)
2. Judge said ruling on the marines is beyond his scope. Wonder what the process is for that.
Thu Jun 12, 2025, 07:13 PM
Thursday

EndlessWire

(7,866 posts)
3. Yeah.
Thu Jun 12, 2025, 07:46 PM
Thursday

If he rules against federalizing the national guard, Trump will just switch to calling out the Marines, since apparently we don't have a defense to their deployment against us.

Posse Commitatus? Here's a link to explanations regarding use of this Act:

https://www.brennancenter.org/our-work/research-reports/posse-comitatus-act-explained

Rump always signals his intentions, and he intends to suppress dissent with military power. The Marines fall under a different act, but I am not sure which one. Coast Guard, for some reason, doesn't fall under PC.

It's going to be brutal.

DENVERPOPS

(12,564 posts)
6. I can only hope
Thu Jun 12, 2025, 08:10 PM
Thursday

that if he sends marines, that they are surrounded by thousands of Marine Vets..........who educate the marines sent to police American Citizens

Jack Valentino

(2,296 posts)
19. If the shooting starts, the looting starts, IN EARNEST--- not this penny-ante stuff
Thu Jun 12, 2025, 09:58 PM
Thursday

that was going on in a few blocks of LA, after dark....

JustAnotherGen

(35,311 posts)
22. I don't think it is looting
Fri Jun 13, 2025, 08:56 AM
19 hrs ago

And I sincerely hope the Latino and white communities driving these protests don't go there.

I'm thinking articles of financial secession, A very quick coming together of Blue State Governors for foreign tariff relief based on COO and State of Manufacture . . .

That could trigger Fed to go the step necessary to trigger violence.

msfiddlestix

(8,071 posts)
23. exactly what came to me yesterday, when I read about this case scheduled for a ruling.
Fri Jun 13, 2025, 02:58 PM
13 hrs ago

It's not a hard to imagine scenario. Wonder why judges have problems with the obvious?

LT Barclay

(2,968 posts)
18. The Coast Guard doesn't fall under that act because we are currently under the Department of Homeland Security and
Thu Jun 12, 2025, 09:54 PM
Thursday

previously and more appropriately under the Department of Transportation. These are civilian departments rather than the Department of Defense. This is because we have civilian law enforcement roles: drug interdiction, boating safety, vessel inspections, safety and security zones, oil and chemical spill enforcement, fisheries enforcement, as well as migrant interdiction and port security (which I would argue is a domestic law enforcement since we are not taking action against a nation state and we are not at war with individuals, and I think the Bush era definition of "terrorist" is both ludicrous and legally indefensible).
The exception is that in time of war (true war) if there is a need the Coast Guard can be placed under control of the US Navy. I believe that this happened in WW2, and I'm not sure when but I do know the commandant at the time fought against this.

Attilatheblond

(6,256 posts)
26. And some of their OLD ships are still there
Fri Jun 13, 2025, 04:56 PM
11 hrs ago

Ship my brother was on in the 60s was last seen patrolling the coast of Vietnam under their flag. My bro had mixed feelings about seeing that. He and that old navy* 'tin can' spend many weeks in the north Atlantic back in the day.

* Seems many USCG ships were old, decommissioned Navy ships back in the day. My brother had his own de-commissioning ceremony when he mustered out. He took the ship's commission pennant with him when he left.

LT Barclay

(2,968 posts)
29. We still get a lot of hand me downs.
Fri Jun 13, 2025, 05:17 PM
11 hrs ago

One of our commandants made a deal with the devil in my opinion as he was the first to be willing to trade personnel for ships. So we are getting a new fleet of high endurance cutters, medium endurance cutters, patrol boats, fast response boats and bouy tenders. Probably the largest acquisition of purpose built vessels since the first 10 cutters in 1790. We are also on a campaign to get congress to authorize money for new icebreakers. Since Trump seems to hate the Coast Guard that would make him mad also. So contact your congressional representatives.
Anyway, the last thing I heard was that we were going to get new to us C-130’s from the USAF.

Attilatheblond

(6,256 posts)
31. Nobody puts transport planes to better use that the USCG, in my opinion
Fri Jun 13, 2025, 06:18 PM
10 hrs ago

When the winds howl, waves crash, SOS comes in, or hurricanes strand people on their roofs, you guys always come thru for the people.

Wish I could post some of my brother's old photos from Weather Station Delta in the North Atlantic. Waves looked like mountains coming at that little ship out there making sure the merchant ships were safe.

Then there was that time his ship was sent to Gitmo in the early 60s when there was some nasty business with missles . At first, 'Chinco' was part of the blockade flotilla. Castro cut off the water, so base commander had ships dock and fire up all their boilers, distilling salt water. He had them fill tanker trucks and sent those trucks to the border of the base, giving orders to base personnel to use water from the trucks to wash other trucks, in full view of Cuban soldiers sweltering in the jungle just beyond the fence. And, sure, boys will be boys, so there were lots of water fights with hoses the Cubans could watch.

Of course, we didn't get to hear about any of this until some time after the crisis was over and my brother was on leave the next year. He had told the folks he was up at Weather Station Delta during the situation, but the photos from the old Argus he carried told a whole different tale. The Chincoteague was an old lady by the 60s, but she did her part.

I cherish the very funny lyrics to Hot Rod Lincoln that some Coasties re-wrote about a race between a Navy 'Can' and a cruiser.

Last stanza:
Looked over the fantail
Saw something coming
Must a been a jet by the was she was humming

When it passed us by
we looked the other way
That cruiser crew had nothing to say

For steaming away
and churning the sea
was a weather beaten Coast Guard AVP

~~~~
Semper Paratus ... to find a way to change a shit day into some subversive fun

LT Barclay

(2,968 posts)
27. We have deployed in every major conflict for 2 reasons:
Fri Jun 13, 2025, 05:06 PM
11 hrs ago

First like any agency they want to wave the flag to ensure appropriations.
Second reason is that the Coast Guard has special expertise in shallow water and small vessel operations, expertise in boarding operations (critical in Vietnam to prevent smuggling of weapons), and expertise in supervision of munitions loading.

Attilatheblond

(6,256 posts)
32. And when the USS Constitution needs to be turned twice a year, who ya gonna call?
Fri Jun 13, 2025, 06:20 PM
10 hrs ago

Yep, the guys who trained on the USCG Eagle.

woodsprite

(12,449 posts)
28. Is it because Coast Guard falls under Homeland Security?
Fri Jun 13, 2025, 05:07 PM
11 hrs ago

My nephew is in the CG and I was surprised when he mentioned that at a family dinner.

Attilatheblond

(6,256 posts)
33. Can't remember what year is was when Homeland got the CG.
Fri Jun 13, 2025, 06:22 PM
10 hrs ago

It used to be under Dept of Treasury.

Alexander Hamilton was a god in our family.

MW67

(11 posts)
4. Don't forget
Thu Jun 12, 2025, 07:53 PM
Thursday

To include the main reasons for all this, Taco trade label on T.V. and " He's in the Epstein files" Musk bust. Haven't heard much of anything else about either on the MSM, except Musk's sorry now ,once he was told how much he really stood too lose if he didn't get back in line, this should end well

TheRickles

(2,785 posts)
8. Interesting but irrelevant - the judge in this case (Charles Breyer) is the brother of former SCOTUS Justice Stephen Bre
Thu Jun 12, 2025, 09:08 PM
Thursday

newdeal2

(2,857 posts)
15. Trump will issue a scathing attack on him
Thu Jun 12, 2025, 09:17 PM
Thursday

But there’s so much news going on tonight it probably won’t get much airtime.

slightlv

(5,768 posts)
12. I'm glad to hear he's going to rule quickly...
Thu Jun 12, 2025, 09:10 PM
Thursday

but to what end? Say, for example, he rules constitutionally, and tells rump he has to withdraw all the national guard. rump is just going to say "make me"... and then what? The Executive Office is suppose to see that the laws created by the Legislative Branch, and adjudicated by the Judicial Branch are carried out. What it the hell is the recourse when the branch of government tasked with seeing that the laws or carried out and enforced is the branch that says "screw you" to those laws?

hlthe2b

(110,178 posts)
14. Nope... There were NO OFFFICIAL ORDERS ISSUED. Thus, nothing these NG are doing is legal, they won't be paid
Thu Jun 12, 2025, 09:16 PM
Thursday

And because the decision makes clear that the NG must take orders from the Governor under the law Trump used to activate them, then they will have no choice UNLESS another court overturns the decision (which I do not expect) or he tries to claim an insurrection, thereby federalizing them. But there is even less for him to make a case that there is an insurrection ongoing.

bdamomma

(68,548 posts)
13. Now
Thu Jun 12, 2025, 09:13 PM
Thursday

will the regime comply with the court's decision????. Because they fucking think they can do anything they want. Get the National guard out of LA!!!!!!!!!!!!!!!!!! and the Marines.

moonshinegnomie

(3,423 posts)
17. if the guard refuses their commanders can be brought up on state charges
Thu Jun 12, 2025, 09:31 PM
Thursday

wih no presidential pardon possible. since they are not legally under federal control any officer who tries to follow taco dons call up instead of newsomes stand down order can be tried under california law

stillcool

(34,112 posts)
30. If there is no longer any law that will hold
Fri Jun 13, 2025, 05:20 PM
11 hrs ago

the federal government accountable, why would the U.S. Congress stay there?

DetroitLegalBeagle

(2,388 posts)
34. The decision has been blocked by the 9th circuit temporarily
Fri Jun 13, 2025, 06:36 PM
9 hrs ago

Hearing is scheduled for Tuesday.

https://apnews.com/article/california-immigration-national-guard-newsom-trump-lawsuit-aedf8cdd95ee899c9559d5e54a2e4833]

SAN FRANCISCO (AP) — The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids.

The court said it would hold a hearing on the matter on Tuesday. The ruling came only hours after a federal judge’s order was to take effect at noon Friday.

Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment, which defines power between federal and state governments, and exceeded Trump’s statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet.
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