Federal Judge Orders Trump to Return California National Guard Control to Gov.
Judge Breyer rules Trump’s National Guard deployment “illegal” and halts federal authority until Dec. 15
LOS ANGELES — In a major legal setback for former President Donald Trump, a federal judge has ruled that the Trump administration illegally extended its control over the California National Guard, ordering the federal government to return authority to Gov. Gavin Newsom.
U.S. District Judge Charles Breyer issued a preliminary injunction Wednesday, concluding that Trump violated constitutional limits by continuing to deploy Guard members in Los Angeles long after widespread protests against his deportation efforts had waned.
Breyer temporarily paused enforcement of his order until Dec. 15, allowing time for an appeal.
Why the Judge Ruled the Trump Deployment Illegal
In his 35-page opinion, Breyer sharply criticized the administration for what he described as an overreach of executive power.
“The Founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one.”
The judge found no credible evidence that protesters in Los Angeles during August or October posed a coordinated threat that would justify a continued federalized Guard deployment. He wrote that federal attorneys failed to show demonstrators were “organized, collectively armed, or determined to overtake the federal government.”
Breyer also dismissed the Trump administration’s argument that federal law enforcement alone could not maintain order, saying there was “no colorable basis” to conclude local and federal officers were insufficient.
How Many Troops Were Deployed?
Trump first asserted federal control over the California National Guard in June, deploying more than 4,000 troops at the peak of the protests. By fall, the number had dropped to about 100—still over Newsom’s objections.
The White House insisted the deployments were necessary to protect federal buildings and personnel.
White House Response to the Court Ruling
White House spokesperson Abigail Jackson defended Trump’s actions, stating he “exercised his lawful authority to deploy National Guard troops to support federal officers and assets” and cited what she called “violent riots that local leaders like Newscum refused to stop.”
Jackson criticized Newsom directly and said the administration looks forward to an “ultimate victory” in higher courts.
Legal and National Implications of the Ruling
The ruling could have broad implications for executive power over state National Guard units. Breyer specifically pointed to Trump’s deployment of California Guard troops to Portland, Oregon, writing that the move “effectively” created “a national police force made up of state troops.”
Justice Department lawyers told the court the administration is currently defederalizing roughly 200 troops stationed in Portland.
An additional 14 California Guard members were deployed to Illinois, where the U.S. Supreme Court is reviewing the legality of Trump’s multi-state National Guard mobilization.
A separate lawsuit challenging the Portland deployment is still moving through lower federal courts.
What Happens Next?
Breyer’s injunction is on hold until December 15, giving the Trump administration time to appeal. If the decision stands, Newsom will regain full command of the California National Guard for the first time since early summer.