BREAKING NEWS / Clinton-appointed Judge Charles Breyer SHOCKS Nation
Federal Judge Charles Breyer, appointed by Bill Clinton, ordered President Trump to return control of the California National Guard to Governor Gavin Newsom.
Gov. Newsom stated the Guard would resume state duties by noon the following day, including border security, fentanyl interdiction, and wildfire prevention.
The ruling came after Trump had federalized thousands of California National Guard members in response to protests in Los Angeles tied to his immigration policies. Newsom had filed a lawsuit against Trump and Defense Secretary Pete Hegseth, challenging the federalization.
Judge Breyer’s 36-page decision found Trump’s actions violated federal law and the Tenth Amendment, exceeding his statutory authority. The ruling required the president to return control of the troops to the state governor immediately.
Breyer noted that Trump had failed to meet the legal requirements for federalizing state National Guard members. Specifically, he did not issue orders through the governor, a procedural requirement under federal law.
The federal appeals court for the 9th Circuit temporarily paused Breyer’s order late Thursday. The three-judge panel, which included two Trump appointees and one Biden appointee, will hold a hearing on the matter Tuesday.
Despite the pause, Breyer’s ruling represents a significant legal win for Gov. Newsom, reinforcing the principle that state governors must be involved in decisions regarding the federalization of their National Guard forces.