Military affair Newsom against Trump heard by the brother of the Supreme Court

The federal government argued before a California judge – the brother of a retired Supreme Court judge – that President Donald Trump acted within his legal authority by deploying the National Guard and the Marines to repress the immigration riots in Los Angeles earlier this year.

Judge Charles Breyer – brother of its president Bill Bill Clinton, judge Stephen Breyer – heard testimonies in the case made by the Newsom administration to find out if the federal government has violated the federal law in its use of soldiers on domestic soil and / or the 10th amendment.

The case should test the limits of the power of a president as commander -in -chief, because the law of 1878 posse comitatus – born of reconstruction – requires either an act of congress, or the constitutional authorization to use the American army for the application of national laws.

The sentence under this law is a two -year prison sentence and a fine at most.

Trump and Newsom are fighting on the National Guard have judged themselves in California

California Governor Gavin Newsom, on the left, and President Donald Trump. (Getty Images)

In the 1997 case of Printz v. They, judge Antonin Scalia ruled in favor of two county sheriffs by declaring that the federal government does not have the power to requisition or constrain the application of local law to take special measures.

However, in Martin v. Mott, judge Joseph Story, appointed by Madison, wrote in a 6-0 notice that the president has the power to determine when the emergency use of state militias (national guards) is appropriate.

In court, Breyer declared that his ultimate decision would have a great significance on how presidents, including Trump, can deploy assets in other cities, Politico reported – As the president used the single charter of the 1970s in the District of Columbia to briefly take control of his police forces this week.

The acting director of Los Angeles Ice, Ernesto Santacruz Jr., said on Monday that he had received multiple reports on the attack on his officers in the days preceding the deployment of Trump.

“We still had situations of officer, but they reduced considerably” after Trump took control of the situation, he said.

The federal judge requests whether the deployment of the National Guard in Los Angeles violates the posse Comitatus Act

However, Breyer said that the anti -immigration riots were “far from rebellion” – in terms of what would constitute the federal intervention authorized by Posse Comitatus.

Newsom argued that Trump went far from the law of 1878 and violated the jurisdiction of the Governor of California to control his own National Guard.

California National Guard Commander, Major-General Scott Sherman, said on Monday that he opposed the Father’s Day to obtain help in an operation that day, citing a minimum evaluation of threats to officers at the time.

The chief agent of customs and American borders El Centro, Gregory Bovino, did not agree with this evaluation, according to reports from the testimony on Monday.

Click here to obtain the Fox News app

The trial comes as a situation linked to Washington, DC, arrives at the head, Trump using the City Charter to try to order the district.

The American lawyer for the District of Columbia Jeanine Pirro warned on Monday that too many offenders – in particular minors – run away with violent crimes against innocent civilians.

“Young people are anchored, and they no longer need to be anchored. They must be held responsible. They should not go to the craft and artisanal and family court,” she said, while the Trump administration has published a verbal accusation of the posture of the application of the lax law of the Municipal Council of DC.