BREAKING: Judge Breyer holds that the Trump admin *violated* the Posse Comitatus Act in its military deployments in LA

[In It to Win It]

#BREAKING: Judge Breyer has held that the Trump admin. *violated* the Posse Comitatus Act in its military deployments in and around Los Angeles, and has enjoined further use of those troops for law enforcement tasks. The order is stayed through 12 PDT on 9/12:

georgetown.app.box.com/file/1973361...

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-02T13:15:57.514Z

For those asking why Judge Breyer stayed the ruling, the answer is because, if he didn't, someone else (the Ninth Circuit or #SCOTUS) would have, at least temporarily. I know it's frustrating, but the stay is designed to avoid provoking either a less-sympathetic Ninth Circuit panel or the justices.

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-02T13:22:40.517Z

Better link:

storage.courtlistener.com/recap/gov.us...

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-02T13:23:14.549Z

[Fiendish Thingy]

1. So, troops still deployed to Chicago for at least a week? Nt

[Ms. Toad]

16. This is an LA order.

As far as I know the Chicago deployment is still just a fantasy he is playing with.

[Pachamama]

2. Neither link work

Please post news link that works

[Celerity]

8. Here

https://storage.courtlistener.com/recap/gov.uscourts.cand.450934/gov.uscourts.cand.450934.176.0_1.pdf

[malaise]

3. Recrecrec

500 recs
Great news

[newdeal2]

4. Thanks for the common sense ruling

But I have less faith in the corrupt SCOTUS agreeing with them.

[bucolic_frolic]

5. Is it an official duty when he breaks the law?

[thesquanderer]

11. Calling up the guard is an official duty. Therefore, even if he did it in such a way that it broke the law...

...he is immune from prosecution.

That's really the whole point of that terrible court decision. After all, nobody needs immunity for doing things that are legal! They only need immunity from prosecution for doing things that are illegal. And the court said he as that immunity, as long as the action was in the context of an official duty.

[brakester]

24. If this ruling only applies to CA and he can't be held

accountable,

this is meaningless and it's,. ON TO CHICAGO,, BOYS!

[Mossfern]

35. I think so

but the other way around.
Since it's an "official act" then he isn't breaking the law according to the Supreme Clowns' decision.

[AllaN01Bear]

6. i ve lost faith in some of our judges to follow the law. they rather follow him.

[LetMyPeopleVote]

7. Judge says Trump administration's use of US military in Los Angeles violated federal law

Link to tweet

https://www.cnn.com/2025/09/02/politics/national-guard-california-trump-posse-comitatus-act-breyer

A federal judge ruled Tuesday that President Donald Trump and Defense Secretary Pete Hegseth violated federal law by using the US military to help carry out law enforcement activities in and around Los Angeles this summer.

US District Judge Charles Breyer concluded that Trump’s use of thousands of federalized California National Guard members and US Marines to provide protection to federal agents during an aggressive immigration crackdown in the Los Angeles area ran afoul of the Posse Comitatus Act, a 19th Century law that generally prohibits the use of troops for domestic law enforcement purposes.

“The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act,” Breyer wrote in a 52-page opinion.

[malaise]

10. Duh!

Rec

[Pinback]

22. Not evident to those among us

who slept through 8th-grade Civics.

A great decision. These judges who state the obvious so eloquently and forcefully are heroes of this age.

[BoRaGard]

9. Back off Republicon fascists

Let America be America

[lastlib]

12. "Republicon fascists" is a redundancy.......

but it's okay for the emphasis on the fact.

[LetMyPeopleVote]

13. Judge Breyer says the Trump administration is "creating a national police force with the President as its chief."

Link to tweet

[ancianita]

15. NPR reported this am that Judge Breyer will still allow present troops to stay, which makes no sense, except...

Maybe this is part of his temporary 'stay.' Maybe he's also inviting the 9th (under Justice Kagan) and SCOTUS to back his ruling by giving them an "in part" exception for the felon.

Hopefully this ruling means that the felon can't deploy federal troops in Chicago and other blue cities.

[LetMyPeopleVote]

18. The order is stayed until September 12 to allow for appeal

[ancianita]

20. Thanks.

[herding cats]

19. That's covered in the OP.

For those asking why Judge Breyer stayed the ruling, the answer is because, if he didn't, someone else (the Ninth Circuit or #SCOTUS) would have, at least temporarily. I know it's frustrating, but the stay is designed to avoid provoking either a less-sympathetic Ninth Circuit panel or the justices.

For those asking why Judge Breyer stayed the ruling, the answer is because, if he didn't, someone else (the Ninth Circuit or #SCOTUS) would have, at least temporarily. I know it's frustrating, but the stay is designed to avoid provoking either a less-sympathetic Ninth Circuit panel or the justices.

— Steve Vladeck (@stevevladeck.bsky.social) 2025-09-02T13:22:40.517Z

[ancianita]

21. Thanks. Glad that Justice Kagan has the 9th Circuit in the court 'above.'

[calimary]

40. Good find, my friend!

More, please!

[quakerboy]

14. What is the practical effect?

Lets assume the scotus doesnt just overturn this. The ruling stands.

Then what? What actual on the ground effect does this ruling have?

[Gum Logger]

17. Stating the obvious

[bluestarone]

23. The problem as i see it is, todays supreme court has given TSF (and all future presidents)

OPEN immunity forever. TSF can do illegal things OVER, and OVER, and OVER, claiming it is official business. Even if this SC rules against him, he can still do it because of official business claims. NEVER ending loop hole circle for him. Jesus Christ!!!

[Safe as Milk]

28. The SC may find it necessary to reverse their immunity decision.

As it gives Trump continuing immunity to violate Court Orders, the USSC has boxed itself into impotence. Trump will see to it that the USSC will pay for their overindulgence unless the Court gets reasonable and rescinds the immunity ruling. If there is an enormous Dem landslide victory in both Houses in 11/26, impeachment may take care of the problem temporarily. Congress must then pass a law forbidding illegal acts by a president, and making a president subject to criminal prosecution as well as impeachment, conviction, and removal.

[bluestarone]

29. Well, that's the ONLY way we are out of this mess. (that they created)

Problem is, i cannot see anyway THIS SC will do that. Based on GREED and RELIGION they will not change their vote.

[questionseverything]

36. The people working for him carrying out illegal activities are not immune

Start with locking them up

[bluestarone]

37. That would be nice.

I so wish that was the case.

[OldBaldy1701E]

42. BINGO!! (n/t)

[Catherine Vincent]

25. Oh yeah, well the Felon President says he can do what he wants to do

🤷🏾‍♀️

[UTUSN]

26. Big K&R!!!!!!!!

[Dawson Leery]

27. kick

[LetMyPeopleVote]

30. Use of federal troops in Los Angeles is unlawful, judge says

U.S. District Judge Charles Breyer issued the order prohibiting troops.

Use of federal troops in Los Angeles is unlawful, judge says https://abcnews.go.com/Politics/federal-troops-los-angeles-unlawful-judge/story?id=125179111
#fivethirtyeight #elections #news

— Fivethirtyeight 🤖 (@fivethirtyeight.universeodon.com.ap.brid.gy) 2025-09-02T14:03:31.000Z

https://abcnews.go.com/Politics/federal-troops-los-angeles-unlawful-judge/story

The Trump administration's use of federal troops in Los Angeles to conduct law enforcement operations is unlawful, a federal judge ruled on Tuesday.

U.S. District Judge Charles Breyer issued an order prohibiting troops from engaging in security patrols, riot control, arrests, searches and crowd control. The order does not take effect until Sept. 12 to allow the Trump administration to appeal.

Breyer said the use of federal troops effectively created a "national police force with the president as its chief" and violated the Posse Comitatus Act.

"The evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act," Breyer wrote.....

Breyer issued his decision after holding a three-day trial last month featuring testimony from military leadership about the ongoing operations in the Los Angeles area.

[maxsolomon]

31. Remeber when Posse Comitatus was a bright red line for the Right Wing?

They were prepping for Civil War if Obama did it.

Now they sit up on their hind legs and applaud.

[Snackshack]

32. This is moot.

cj roberts & maga scotus will find a way to make this legal as they have done w/ all of djt crimes.

[intrepidity]

33. They already have, with the immunity ruling. nt

[intrepidity]

34. This just proves we are not a nation of laws

It's illegal, but it's not.

[Takket]

38. how does this order effect the upcoming invasion of Chicago?

[LetMyPeopleVote]

39. Deadline: Legal Blog-Judge rules Trump admin's use of military in Los Angeles violated Posse Comitatus Act

U.S. District Judge Charles Breyer paused his ruling from taking effect until Sept. 12, giving the administration time to appeal.

Judge rules Trump admin’s use of military in Los Angeles violated Posse Comitatus Act
www.msnbc.com

— BethE🦋 (@beth-e.bsky.social) 2025-09-02T18:47:57.317Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/military-los-angeles-trump-posse-comitatus-rcna228564

A federal judge ruled Tuesday that the Trump administration broke the law in its use of the military in Los Angeles. If upheld on appeal, the ruling will stand as a check on President Donald Trump’s use of the military for domestic law enforcement and serve as a broader reminder that Trump being commander-in-chief of the military doesn’t make him a national chief of police.......

His analysis in a 52-page ruling led him to issue an injunction barring the government from:

deploying, ordering, instructing, training, or using the National Guard currently deployed in California, and any military troops heretofore deployed in California, to execute the laws, including but not limited to engaging in arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants, unless and until [government] Defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act.

Breyer noted that his injunction only applies in California, not nationally, and that the government doesn’t have to withdraw the 300 guard troops currently stationed in L.A., nor is it barred from using troops consistent with federal law. The judge also said his injunction won’t take effect until noon Friday, Sept. 12, which gives the administration time to appeal.

In related litigation, a federal appeals court panel previously lifted a temporary restraining order that Breyer had issued against the deployment itself.

[Buttoneer]

41. ...and Trump will say, "So what".

[Jack Valentino]

43. THIS IS the GROUNDS for the 3rd Impeachment: TRUMP has already indicated

that he intends to ignore this court ruling.


Other grounds? Likely many, but THIS seems like the
BIG FUCKING RED FLAG to me..... #1

[LudwigPastorius]

44. "Trump admin *violated* the Posse Comitatus Act"

Bondi will not prosecute. Congress will not impeach. The Supreme Court has granted preemptive immunity for any future attempt to indict and prosecute once he's out of office.

In other words, there is fuck all that can be legally done to make him pay for this crime.

[Diraven]

45. The Supreme Court will say the Act is unconstitutional

Something about it infringing upon the presidential powers as Commander-In-Chief of the armed forces. They side with Trump having more power every single time.

[czarjak]

46. Someone is above the law?