BREAKING: Clinton Judge Sides with Newsom, Orders Trump to Return Control of National Guard Back to California – Calls President’s Actions “Illegal”
A federal judge in San Francisco on Thursday ordered President Trump to return control of the National Guard back to California.
Thousands of anti-ICE rioters surrounded a federal facility in downtown Los Angeles on Monday.
About 700 US Marines were mobilized in response to the violent Los Angeles riots.
This is after Trump deputized 4,000 National Guard Troops to help quell the riots.
On Monday, Newsom said he is suing Trump for violating the Constitution.
NEW: We are suing Donald Trump.
This is a manufactured crisis. He is creating fear and terror to take over a state militia and violate the U.S. constitution.
The illegal order he signed could allow him to send the military into ANY STATE HE WISHES.
Every governor — red or…
— Gavin Newsom (@GavinNewsom) June 9, 2025
US District Judge Charles Breyer, (brother of retired SCOTUS Breyer), a Clinton appointee, granted Newsom a Temporary Restraining Order (TRO) and said Trump’s decision to federalize the National Guard was illegal.
California Governor Gavin Newsom on Tuesday requested an ex parte TRO against President Trump for deploying National Guard Troops to downtown Los Angeles.
After initially denying Newsom’s request for an immediate restraining order, Judge Breyer granted the California Governor a TRO on Thursday evening after holding an emergency hearing.
Judge Breyer called President Trump’s actions “illegal” in a 36-page order.
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith,” the judge wrote.
The judge said the violent riots in Los Angeles are protected by the First Amendment.
For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a temporary restraining order.
• Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles.
• Defendants are DIRECTED to return control of the California National Guard to Governor Newsom.
• The Court further STAYS this order until noon on June 13, 2025.
• Plaintiffs are ORDERED to post a nominal bond of $100 within 24 hours. The bond shall be filed in the Clerk’s Office and be deposited into the registry of the Court. If said bond is not posted by the aforementioned date and time, this Order shall be dissolved.
The next hearing will be held on June 20.
Update: The Trump Administration appealed Judge Breyer’s decision to the Ninth Circuit Court of Appeals.
This case may also reach the Supreme Court soon.
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