The judge finds that Trump violated military law by activating the National Guard in California

On Tuesday, a judge concluded that President Donald Trump had acted illegally when he federally federally and deployed a handful of navies to fight against riots and anti-immigration demonstrations and customs in California.

The opinion of judge Charles Breyer echoes the remarks he made during a three -day trial last month when he wondered if the presidents had limits when they can use the army for domestic purposes.

“I come back to the thing that really troubles me: what limiting factors are they to the use of this force?” Breyer asked during the trial.

Trump federally federally federal members of the National Guard in June to support the federal authorities in California while they were carrying out immigration raids, despite the vehement objections of the Democratic Governor Gavin Newsom.

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

File – Governor Gavin Newsom speaks at a press conference in Oakland, California. (Photo / jeff chiu, file)

Breyer’s decision is taking place because most members of the National Guard have since been demobilized. California lawyers declared during the trial, however, that 300 of them had remained, what they argued was a “significant” number.

“This is certainly a sufficiently large number of soldiers to constitute a violation of the posse Comitatus Act,” said a prosecutor.

Although the judge’s decision may have a minimum impact on the ground in California, the case could still have national implications as a Trump and defense secretary Pete Hegseth deploys members of the National Guard in Washington, DC, and threatens to do so in other blue cities to combat street crime. The Trump administration is likely to appeal from Breyer’s decision, which could lead to the United States Court of Appeal for the ninth circuit and even the Supreme Court weighing on the unconventional use of the National Guard administration.

Trump and Newsom on the collision course while the fight against the National Guard intensified before the court

In this composite image, the California national guards are on a patrol in Los Angeles in June 2025, while the defense secretary Pete Hegseth speaks on July 1, 2025. (Getty Images)

Breyer, appointed and brother of Clinton of the Liberal retirement judge Stephen Breyer, said that Trump had violated the Comitatus law, a 150 -year law which says that soldiers cannot generally engage in the application of national laws.

A witness during the trial, the general of division Scott Sherman, who supervised the activity of the National Guard in California, said that the soldiers were trained on the way of remaining in conformity with the Comitatus law, which, according to Breyer, was proof that it was relevant to the trial. The Trump administration said that the law was not applicable in the case.

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The decision of the judge comes after the United States Court of Appeal for the ninth circuit quickly interrupted an emergency order that Breyer made in June in which he ordered Trump and Hegseth to control the National Guard in Newsom.

The courts must be “very deferential” to the president when examining his deployment of the National Guard, said the court of appeal. The Trump administration is likely to appeal from Breyer’s decision, which means that the ninth circuit will probably be invited to weigh on Trump of the military in California.

This is a story of rupture. Come back for updates.