Routs, Riots and Rights

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Appeals court temporarily blocks judge’s ruling to return control of National Guard to California | PBS News

Attribution: States Rights Stand Off by Christopher Weyant, CagleCartoons.com

Trump’s Use of National Guard in Limbo After Court Rulings – The New York Times

A federal judge on Thursday temporarily blocked the federal government’s mobilization of the California National Guard to protect immigration agents from protesters in Los Angeles. He ruled that the Trump administration had illegally taken control of the state’s troops and ordered them to return to taking orders from Gov. Gavin Newsom.

In an extraordinary 36-page ruling, Judge Charles Breyer of the Federal District Court in San Francisco severed Mr. Trump’s control of up to 4,000 National Guard troops, hundreds of whom are already deployed in the streets of Los Angeles on his orders. The judge said the administration’s seizure of them violated required procedures in a federal statute.

President Trump’s “actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Judge Breyer wrote. “He must therefore return control of the California National Guard to the governor of the state of California forthwith.”

The directive would have taken effect at noon Pacific time on Friday. But the Trump administration immediately filed a notice that it was appealing Judge Breyer’s decision. The U.S. Court of Appeals for the Ninth Circuit agreed to stay the ruling while it reviews the case, temporarily blocking it from taking effect.

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50 thoughts on “Routs, Riots and Rights”

  1. {continuing with the NYT article “Trump’s Use of National Guard in Limbo After Court Rulings” linked above]

    The ruling, which accused Mr. Trump of setting a “dangerous precedent for future domestic military activity,” was the latest in a series of judicial rebukes to Mr. Trump’s expansive claims of wartime or emergency powers over matters ranging from deporting people without due process to unilaterally imposing widespread tariffs. Court rulings blocking his actions as likely illegal have enraged the White House.
    Judge Breyer’s ruling on the National Guard went beyond what California had asked for. While the state’s lawsuit had contended that Mr. Trump’s mobilization of the National Guard was illegal, its specific motion was for a temporary restraining order limiting military forces under federal control to guarding federal buildings in the city and no other law enforcement tasks.
    Judge Breyer blocked Mr. Trump from using California’s National Guard at all. But he also rejected a request by the state and Governor Newsom to restrain a separate group of active-duty Marines, which the administration has also mobilized to counter the protesters.
    Pete Hegseth, the secretary of defense, mobilized 700 Marines from a base in California to participate in suppressing protests, and the state had wanted the judge to restrict them from accompanying immigration agents on the workplace raids that sparked the protests. But the active-duty troops so far have merely been staged in a neighboring county and have not gone into the city.
    Judge Breyer said it would be inappropriate to issue any order restricting the Marines’ actions when they have not done anything that would violate the Posse Comitatus Act, which generally makes it illegal to use federal troops for law enforcement on domestic soil. He said that the state would need to return within a week to try to turn his temporary order into a longer-lasting injunction, allowing time for events to develop.
    “As of now, the court only has counsel’s speculation of what might happen,” the judge wrote.
    Standing in front of the California flag at a news conference in the lobby of a state courthouse after the ruling, Mr. Newsom hailed the decision.
    “Today was really about a test of democracy,” he said. “We passed the test.”
    Mr. Newsom said that he would direct National Guard members to resume the duties that they were carrying out before they were redirected by Mr. Trump, which included border control and forest management to reduce wildfire risk.
    “They will be back under my command,” he said, “and Donald Trump will be relieved of his command, at noon tomorrow.”
    The press offices of the White House and the Justice Department did not immediately respond to a request for comment.
    Complicating matters, the judge issued his directive to the Trump administration to relinquish control of the National Guard in the form of a temporary restraining order, a short-term tool that is normally not appealable, unlike a more durable preliminary injunction.
    Sometimes, however, courts treat consequential temporary restraining orders as injunctions and permit appeals of them anyway. If the Ninth Circuit rejects the appeal, the executive branch could then file an emergency appeal to the Supreme Court — where Republican appointees hold a six-to-three supermajority — seeking to block the judge’s move.
    Judge Breyer, who was nominated by President Bill Clinton in 1997, had telegraphed his focus on the legality of Mr. Trump’s calling up the National Guard at a hearing earlier on Thursday.
    The statute President Trump cited as the authority for his move says that such orders must go “through” governors. But Mr. Hegseth instead sent the directive to the general who oversees the National Guard, bypassing Governor Newsom.
    At the hearing, the Justice Department lawyer, Brett Shumate, argued that Mr. Hegseth had complied with the National Guard call-up statute. But even if he hadn’t, Mr. Shumate said, Mr. Trump had the legal authority to order the National Guard into federal service anyway.
    Sporting a light-blue bow-tie, Judge Breyer interrupted the Justice Department’s lawyer repeatedly and at one point waved a small copy of the Constitution in the air. Some of his pointed replies drew laughs from the packed courtroom of more than 100 people.
    When it came, his ruling was scathing.
    The state of California “and the citizens of Los Angeles face a greater harm from the continued unlawful militarization of their city, which not only inflames tensions with protesters, threatening increased hostilities and loss of life, but deprives the state for two months of its own use of thousands of National Guard members to fight fires, combat the fentanyl trade, and perform other critical functions,” he wrote.
    No president has deployed troops under federal control over the objections of a state governor since the Civil Rights era, when Southern governors were resisting court-ordered desegregation.
    Since being federalized and deployed, some National Guard troops have accompanied ICE agents on raids while others have primarily stood outside federal buildings in downtown Los Angeles during protests.
    The legal face-off comes amid escalating political tensions between the Trump administration and the California governor. After Mr. Trump’s border czar, Tom Homan, threatened to arrest Mr. Newsom, Mr. Trump endorsed the idea on Monday, saying, “I’d do it.” Mr. Newsom on Tuesday said in a televised speech that “democracy is under assault right before our eyes.”
    Mr. Newsom, after the ruling, forcefully rebuked the tactics that Immigration and Customs Enforcement agents have employed to arrest and deport undocumented immigrants, describing conversations with children who had been separated from their parents and family members whose relatives had suddenly disappeared without a trace.
    “That’s Donald Trump’s America,” he said, calling it “indiscriminate cruelty.”

    Charlie Savage writes about national security and legal policy for The Times.
    Kellen Browning is a Times political reporter based in San Francisco.
    Laurel Rosenhall is a Sacramento-based reporter covering California politics and government for The Times.

  2. in other news

    President Trump’s birthday parade may be scuttled by bad weather, fans of democracy are planning “No Kings” marches for this Saturday, a group of drag queens made their presence felt at the Kennedy Center’s opening night, and a new tell-all book makes the 1970s-era NPR newsroom sound like quite a party.


  4. Trump, Melania and a handful of MAGA VIPs attended opening night at the Kennedy Center for their performance of Les Misérables, Trump chimed in on the situation in Los Angeles by saying that it would be a crime scene without the military being present, “No Kings” protests will be popping up all over the country this weekend, Trump revealed yesterday that he used to play the flute, he broke out the Presidential sharpie today to sign a series of resolutions and steer the conversation towards the dangers of windmills, Senator Rand Paul got un-invited to the annual White House Congressional Picnic, and in honor of Father’s Day we went out onto Hollywood Blvd to find out how much Dads really know about their kids.


  6. The Israeli military launched a massive attack on Iran on Friday in a dramatic escalation of their long-running conflict that drew early retaliation from Tehran and raised the risk of another war in the Middle East. The Morning Joe panel discusses.

  10. TACO is having problems with his desire to be a dictator … reality keeps interfering.
    Who knew undocumented were needed for farms, factories, and hotels?
    Who knew the military might not like pointing guns at fellow Americans
    Who knew FBI wrestling and handcuffing US Senators would be newsworthy.
    On top of it all, God may strike him with lightening on Saturday

  11. https://www.axios.com/2025/06/13/trump-military-parade-rain-plan-weather

    It might rain on President Trump’s military parade Saturday in D.C., so the Army is considering precautions in case there’s lightning.
    The big picture: “Rain won’t stop us, the tanks don’t melt, but if there’s lightning then that puts the crowd at risk,” Army spokesperson Steve Warren told the English newspaper The Times. “If there’s lightning they will disperse the crowd and even cancel or postpone the parade.”
    Showers and a potential thunderstorm are in the evening forecast, per the National Weather Service.
    The parade has been scheduled to start at 6:30pm and run along Constitution Avenue, stretching from 23rd Street NW near the Lincoln Memorial to 15th Street NW near the Washington Monument.
    Zoom in: President Trump views the Flag Day parade — which marks the 250th anniversary of the Army, and happens to fall on his 79th birthday — as a splashy show of U.S. military might.
    Planning for the event — which is to feature about 7,000 soldiers and more than 100 aircraft, tanks and rocket launchers and missiles — has been in the works for months.
    Crews have been erecting security fences around the perimeter of the White House, and a viewing stand on the Ellipse for Trump to watch the parade.
    The spectacle’s climax has been planned to be Army parachuters touching down to present Trump with a folded American flag.
    Next, Trump would preside over re-enlistments for 250 soldiers. , before a fireworks display finale.
    The Army is working off a $45 million budget for the event, about a third of which would go toward repairing streets expected to be damaged by tanks and other heavy military vehicles.
    The cost estimates don’t include the Secret Service’s security spending.
    Zoom out: Critics of the parade have called it unnecessarily political and have compared Trump’s push for the parade — namely his desire to display military hardware and celebrate his own birthday — as the type of thing that dictators do.
    Trump has wanted a military parade since attending France’s Bastille Day parade in 2017.

  12. Interesting how Netanyahu didn’t directly them to fire wide in Iran like they do in Gaza. So, they can do a precision strike when they want to do it. Interesting timing, too. The groundhog saw his shadow and we have six more months of BiBi’s war crimes.

    https://www.jpost.com/israel-news/article-857429

    The preliminary reading of a bill to dissolve the Knesset was rejected early Thursday morning by a vote of 61-53.

    The vote was the climax of a political crisis between Prime Minister Benjamin Netanyahu and the haredi (ultra-Orthodox) parties in the coalition over their demand to exempt large portions of eligible haredi men from IDF service.

    Since the vote to disperse the Knesset was rejected, it cannot be proposed again for six months.

  14. Well, unfortunately, the weather forecast for Washington DC has improved over the last 24 hours. Dumbass might get his parade anyway.

  17. https://apnews.com/article/iran-israel-nuclear-weapon-trump-4fcc4013bae363f781c632ce03fea55d

    “I gave Iran chance after chance to make a deal,” Trump said in a Friday morning social media post. “I told them, in the strongest of words, to ‘just do it,’ but no matter how hard they tried, no matter how close they got, they just couldn’t get it done.”

    The administration’s first reaction to the Israeli assault came not from Trump but from Secretary of State Marco Rubio, who is doubling as Trump’s national security adviser. He sought to make clear that the U.S. was “not involved” and that the Republican administration’s central concern was protecting U.S. forces in the region.

    ***

    *Not so fast. Iran had a deal that SFB blew up during his first term. In 2018, SFB undid what Obama achieved. Iran was dismantling its nuclear program. International inspectors were granted full access to suspect sites; Iran was in compliance. SFB, as usual, had to ruin things.

  19. A sign put up yesterday on an overpass on the Kancamagus Highway in NH (lovingly called the Kanc).

  20. The “No Kings” protest is spooking the stuffings out of the administration. One tell is sfb-2025 trying to recall to duty the National Guard in so many states. But, the stupid is they are going for “blue” states or cities. The exceptions so far are Texas and Florida, the governors there are always ready to be mini-dictators. I am hoping that whoever is the governor of Wyoming and North Dakota call out the guard to do something in those states. Maybe the protests will be in Yellowstone or maybe the barb wire that separates the Great White North from the state of Why Not Minot (AFB) a less than desirable duty.

  22. BB – Missouri, too.

    https://fox4kc.com/news/missouri-governor-mike-kehoe-activates-national-guard-declares-state-of-emergency/

    Missouri Governor Mike Kehoe activates National Guard, declares State of Emergency

    Additionally, the order also declares that the Adjutant General may employ necessary equipment to support authorities and provide assistance.

    [KC] Mayor Quinton Lucas’ Office shared the following statement Thursday regarding the mayor’s concerns about Gov. Kehoe’s decision:

    “Mayor Lucas is concerned with enhanced state enforcement for one set of protestors, but no action or aid to local law enforcement when Neo-Nazis march through Missouri’s urban streets.

  23. The agitators may be wearing masks. An easy way to point them out.

    Sitting down is dangerous. Those teargas canisters are going to be smoking right in their faces. They could get hit with flash-bangs or trampled by horses.

  26. https://www.localsyr.com/news/local-news/rep-mannion-defends-house-floor-outburst-as-act-of-patriotism-i-have-to-stop-the-rise-of-authoritarian-government/

    Over a televised feed of the House vote, shouting can be heard in a distant part of the room. It’s Representative Mannion saying, in part: “get over there and get some f**king balls. Tell them. Tell them. You know who I am.”

    The comments were directed at Republican Congressman Mike Lawler, also of New York.

    “I’m giving everything I have to stop the rise of authoritarian government and the destruction of American democracy.

    If making some noise on the house floor and calling out Trump enablers draws attention to what’s happening to our country right before our eyes – good.

    Today it’s roughing up and handcuffing a United States Senator and a politicized military patrolling the streets of American cities.

    It’s the willing abandonment of the rule of law and a gross fealty to a want-to-be dictator who is tearing the country apart.

    None of this is normal or okay.”

    *This is the energy we need. Eff Mike Lawler.

  27. “Bible punching heavyweight
    Evangelistic boxing kangaroo
    Orangutang and anaconda
    Donald Duck and Mickey Mouse
    Even Pluto too
    Hey diddle diddle
    The cat and the fiddle
    Piggy in the middle
    Doo-a-poo-poo”

    *Those were some Rutles, those Rutles.

  31. Tel Aviv + Jerusalem are currently experiencing incoming fire…blasts heard, smoke on the ground…some missiles are getting through the “dome”.This is a powerful attack, many missiles, Tel Aviv awash in smoke .
    Iran currently has only 3,000 available attack missiles, at least all the west can detect.
    Trump could have stopped this with a red light towards Netanyahu, but he just turned his back and if not a green light, certainly gave a yellow caution. And we all gun it through yellow lights, as did the war criminal Netanyahu. That son of a bitch.

  33. but the U.S. military is otherwise being ordered to hang around doing nothing in LA, get ready to fight “no king” protestors in the streets around the country and prep to parade for DODO’s birthday…

    https://www.foreignaffairs.com/iran/dan-shapiro-israel-iran-attacks

    How War Between Iran and Israel Could Escalate—and Drag In the United States
    […]
    What do you make of U.S. Secretary of State Marco Rubio’s statement promising to protect Americans, but notably omitting Israel?
    Rubio’s statement was intended to signal to Iran that the United States was not involved, and that Israel acted unilaterally. The omission of Israel is a further indication that Washington does not want to be seen as having endorsed the Israeli action. But it is inconceivable that U.S. officials did not have prior knowledge.
    Rubio’s statement does not mean the United States won’t assist in Israel’s defense. It will.
    [,,,]
    By concentrating its defenses on certain sensitive sites and civilian populations, Israel, with U.S. support, will probably attempt to prevent its air defenses from being saturated and minimize damage, as it did against Iran’s two previous attacks. The United States has positioned two THAAD (Theater High-Altitude Area Defense) batteries in Israel to help. This system supplements Israel’s Arrow missile defense, as well as nearby U.S. naval vessels with missile defense capability.
    […]
    Some of the assets that would facilitate an American strike are already available. The USS Carl Vinson carrier strike group continues to be deployed to the region. Before a strike, a second carrier strike group might sail toward the area. Additional aircraft, such as fighter squadrons, tankers, and search and rescue helicopters, would likely also be deployed to bases in the region. The United States also has unique capabilities it could employ if it intended to target Iran’s deeply buried enrichment facility at Fordow.
    How would Iran handle direct United States involvement?
    Iran would not absorb American strikes without retaliating. Iran possesses an arsenal of thousands of close-range ballistic missiles and drones that it could launch at American bases in Bahrain, Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates. It used such missiles to attack U.S. forces following Washington’s assassination of Qasem Soleimani, the commander of Iran’s Quds Force, in 2020.
    Shiite militia groups in Iraq and Syria, armed with Iranian drones, could fire at U.S. bases as they did for several months following October 7, 2023. They might also target the U.S. embassy in Baghdad. Troops and personnel at these locations may need to spend significant periods in shelters. Air defense assets at specific locations could be outnumbered by incoming munitions. There would be a risk of American casualties. The United States would need to press the Iraqi government to prevent Shiite militias from joining the fight, which it has done successfully since mid-2024. American forces would have to be prepared to strike militias that attack them, as they did several times last year. And the United States and regional governments would need to push the Houthis not to resume attacks in the Red Sea. They would need to be prepared to resume strikes if the Houthis resume them. Washington would also need to prepare for asymmetric attacks both in the region and in the United States itself.
    Could Iran or its partners decide to attack Arab states, as they have in the past?
    The Gulf states will likely condemn the Israeli attack in order to dissuade Iran from hitting their territory and assets. But if the United States gets involved, Iran might well fire close-range ballistic missiles at civilian locations or energy infrastructure in the Gulf states, in order to exact a price for what they would see as complicity with a U.S. attack.
    Iran would also consider an effort to shut down the Strait of Hormuz to oil and gas tankers using a naval blockade, sea mines, limpet mines deployed by fast boats, or some combination thereof. Saudi Arabia and the UAE possess significant air defense assets, but all of these countries would still be vulnerable to strikes.
    [continues]

  34. gee…. trump’s approval ratings are in the tank. He’s having a big parade tomorrow to show the strength of our military…. with the expectation of big protest throughout the country… And last night Israel attacks Iran… which today strikes back.

    anyone think this is a coinky dinky….

  35. i just think Netanyahu knows how weak Trump is and won’t do shit to stop him

    Deliberately timed to exploit a distracted America? Most likely

  36. Funny how the MAGAt mind works. Talked to my Republican relatives in LA and no mention of anything going on, just Father’s Day plans, etc.
    Meanwhile, the Midwest MAGAts think it’s the apocalypse out there. When I say that no mention of it was made in today’s call, and that it’s a small area of downtown LA, the retort is that it isn’t that small if it’s lasted for six days. To which I replied, they have been kidnapping people for longer than that.
    Can I come live with someone when I get kicked out? LoL
    I was also told yesterday, that the US is divided into two groups: Republicans and “woke.”
    They are sure tomorrow is going to be “bad” because of protesters and Iranian sleeper cells, maybe even here. Wr live in the middle of nowhere.

  38. The more you remind them of how stupid they are the angrier they’ll get

    Ask me how I know 😊

  41. https://www.northjersey.com/story/news/essex/2025/06/13/newark-immigration-facility-riot-detainees-may-be-relocated/84190437007/

    Sources inside the hall indicated that 50 inmates helped push down the wall of a unit after meals were delivered late.

    The New Jersey Alliance for Immigrant Justice, the state’s largest immigration coalition, said in a post on X that detainees inside Delaney Hall were not receiving meals between 6 a.m. and 10 p.m. for days. The group also reported that pipes in the facility sprayed boiling water, while loved ones of those inside were denied visitation.

    Sen. Andy Kim, in a briefing posted to Instagram by the advocacy group Cosecha New Jersey, confirmed earlier reports that four detainees had escaped the facility through an exterior wall.

    “It shows just how shoddy of construction was here, what happens when we are paying for billions of dollars of for-profit prisons that are skirting the responsibilities that they have and try to pocket as much of that money as possible,” the senator said in the video. “What we’re seeing here is a lot of situations of the irresponsibility of what is happening here and why it is that we don’t want to see this facility here.”

  42. Glad to see Ms. Cracker back in the neighborhood.

    No Kings, no Kaisers, no Czars, no potentates.

  43. Strange, perhaps not, this is one of the rare years without the stupid “Friday the 13th” garbage/hysteria. Instead we are dealing with a hitler wannabe trying to turn the United States into nazi germany of 1939.

    I do prefer the crazy Triskaidekaphobia over a nazi takeover.

  46. https://www.usnews.com/news/world/articles/2025-06-13/exclusive-us-marines-carry-out-first-known-detention-of-civilian-in-los-angeles-video-shows

    Exclusive-US Marines Carry Out First Known Detention of Civilian in Los Angeles

    Marines deployed to Los Angeles temporarily detained a civilian on Friday, the U.S. military confirmed after being presented with Reuters images, in the first known detention by active-duty troops deployed there by President Donald Trump.

    *Posse Comitatus?

  47. https://wjla.com/news/local/several-detained-capitol-hill-veteran-protest-military-army-anti-ice-supreme-court-money-parades-people-immigration-customs-police-protest-rally-arrest-detained

    Several people who appeared to take part in a protest held by Veterans were detained on the U.S. Capitol Grounds after jumping over a barrier and running towards the steps of the U.S. Capitol building.

    It’s unclear whether the people who initially jumped over the fence were immediately involved with the initial protest. Many of those detained wore shirts that read “Veterans Against Fascism.”

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