Just in: as reported by The New York Times:
A federal judge issued an order late Thursday blocking President Trump from deploying members of the California National Guard in Los Angeles, and ordered the administration to return control of the forces to Gov. Gavin Newsom.
The restraining order from District Judge Charles R. Breyer, which takes effect Friday at noon Pacific time, delivered a sharp rebuke to President Trump’s effort to deploy thousands of National Guard troops on the streets of an American city, a move has contributed to nearly a week of political rancor and protests across the country.
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Judge Breyer wrote of Mr. Trump’s orders. But he gave the administration a chance to appeal.
A federal judge in San Francisco on Thursday ordered the Trump administration to “return control” of the California National Guard to Gov. Gavin Newsom after the president issued an extraordinary order deploying them to Los Angeles over the weekend.
U.S. District Judge Charles Breyer, presiding over the case, granted California’s request for a temporary restraining order, granting the federal government a stay until Friday to appeal the ruling.
Breyer had expressed skepticism at a hearing Thursday over the matter, questioning whether President Trump had operated within his authority.
“We’re talking about the president exercising his authority, and of course, the president is limited in his authority,” Breyer said. “That’s the difference between the president and King George.”
“We live in response to a monarchy,” the judge continued, adding: “Line drawing is important, because it establishes a system of process.
In the lengthy decision, Breyer wrote that he is “troubled by the implication” inherent in Trump administration’s argument “that protest against the federal government, a core civil liberty protected by the First Amendment, can justify a finding of rebellion.”
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