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hlthe2b

(114,716 posts)
Thu Jun 12, 2025, 06:58 PM Jun 2025

**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 Jun 2025 OP
Kick SheltieLover Jun 2025 #1
Judge said ruling on the marines is beyond his scope. Wonder what the process is for that. Amaryllis Jun 2025 #2
Yeah. EndlessWire Jun 2025 #3
If Krasnov JustAnotherGen Jun 2025 #5
I can only hope DENVERPOPS Jun 2025 #6
If the shooting starts, the looting starts, IN EARNEST--- not this penny-ante stuff Jack Valentino Jun 2025 #19
I don't think it is looting JustAnotherGen Jun 2025 #22
exactly what came to me yesterday, when I read about this case scheduled for a ruling. msfiddlestix Jun 2025 #23
the question then is, will they follow unconstitutional orders? nt Javaman Jun 2025 #25
The Coast Guard doesn't fall under that act because we are currently under the Department of Homeland Security and LT Barclay Jun 2025 #18
TY! n/t EndlessWire Jun 2025 #21
Coast Guard Normanart Jun 2025 #24
And some of their OLD ships are still there Attilatheblond Jun 2025 #26
We still get a lot of hand me downs. LT Barclay Jun 2025 #29
Nobody puts transport planes to better use that the USCG, in my opinion Attilatheblond Jun 2025 #31
We have deployed in every major conflict for 2 reasons: LT Barclay Jun 2025 #27
And when the USS Constitution needs to be turned twice a year, who ya gonna call? Attilatheblond Jun 2025 #32
Didn't know that. Thanks! LT Barclay Jun 2025 #35
Is it because Coast Guard falls under Homeland Security? woodsprite Jun 2025 #28
Can't remember what year is was when Homeland got the CG. Attilatheblond Jun 2025 #33
Don't forget MW67 Jun 2025 #4
Here's the actual ruling. pnwmom Jun 2025 #7
Thank you, pnwmom... I'll add it to the original post... hlthe2b Jun 2025 #10
Interesting but irrelevant - the judge in this case (Charles Breyer) is the brother of former SCOTUS Justice Stephen Bre TheRickles Jun 2025 #8
Trump will issue a scathing attack on him newdeal2 Jun 2025 #15
**Updated above with overview of decision but looking for a linked summary** hlthe2b Jun 2025 #9
Watch what the Supreme Court does 😑 In It to Win It Jun 2025 #11
I'm glad to hear he's going to rule quickly... slightlv Jun 2025 #12
Nope... There were NO OFFFICIAL ORDERS ISSUED. Thus, nothing these NG are doing is legal, they won't be paid hlthe2b Jun 2025 #14
"Vigilante justice" ?? Jack Valentino Jun 2025 #20
Now bdamomma Jun 2025 #13
See my post above. The NG has no choice unless another court intercedes.. hlthe2b Jun 2025 #16
if the guard refuses their commanders can be brought up on state charges moonshinegnomie Jun 2025 #17
If there is no longer any law that will hold stillcool Jun 2025 #30
The decision has been blocked by the 9th circuit temporarily DetroitLegalBeagle Jun 2025 #34

Amaryllis

(11,430 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
Jun 2025

EndlessWire

(8,103 posts)
3. Yeah.
Thu Jun 12, 2025, 07:46 PM
Jun 2025

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

(13,003 posts)
6. I can only hope
Thu Jun 12, 2025, 08:10 PM
Jun 2025

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

(5,252 posts)
19. If the shooting starts, the looting starts, IN EARNEST--- not this penny-ante stuff
Thu Jun 12, 2025, 09:58 PM
Jun 2025

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

JustAnotherGen

(38,113 posts)
22. I don't think it is looting
Fri Jun 13, 2025, 08:56 AM
Jun 2025

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

(8,183 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
Jun 2025

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

LT Barclay

(3,202 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
Jun 2025

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

(9,264 posts)
26. And some of their OLD ships are still there
Fri Jun 13, 2025, 04:56 PM
Jun 2025

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

(3,202 posts)
29. We still get a lot of hand me downs.
Fri Jun 13, 2025, 05:17 PM
Jun 2025

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

(9,264 posts)
31. Nobody puts transport planes to better use that the USCG, in my opinion
Fri Jun 13, 2025, 06:18 PM
Jun 2025

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

(3,202 posts)
27. We have deployed in every major conflict for 2 reasons:
Fri Jun 13, 2025, 05:06 PM
Jun 2025

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

(9,264 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
Jun 2025

Yep, the guys who trained on the USCG Eagle.

woodsprite

(12,592 posts)
28. Is it because Coast Guard falls under Homeland Security?
Fri Jun 13, 2025, 05:07 PM
Jun 2025

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

Attilatheblond

(9,264 posts)
33. Can't remember what year is was when Homeland got the CG.
Fri Jun 13, 2025, 06:22 PM
Jun 2025

It used to be under Dept of Treasury.

Alexander Hamilton was a god in our family.

MW67

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

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

(3,536 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
Jun 2025

newdeal2

(5,625 posts)
15. Trump will issue a scathing attack on him
Thu Jun 12, 2025, 09:17 PM
Jun 2025

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

slightlv

(7,955 posts)
12. I'm glad to hear he's going to rule quickly...
Thu Jun 12, 2025, 09:10 PM
Jun 2025

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

(114,716 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
Jun 2025

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

(69,629 posts)
13. Now
Thu Jun 12, 2025, 09:13 PM
Jun 2025

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

(4,077 posts)
17. if the guard refuses their commanders can be brought up on state charges
Thu Jun 12, 2025, 09:31 PM
Jun 2025

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

(34,407 posts)
30. If there is no longer any law that will hold
Fri Jun 13, 2025, 05:20 PM
Jun 2025

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

DetroitLegalBeagle

(2,527 posts)
34. The decision has been blocked by the 9th circuit temporarily
Fri Jun 13, 2025, 06:36 PM
Jun 2025

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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