"That is an excerpt from the 52-page opinion of United States District Judge Charles R. Breyer in a case brought by California Governor Gavin Newsom, who objected to the Trump administration's federalization of elements of his state's National Guard. On Wednesday, the Trump administration filed a notice to appeal the decision with the 9th U.S. Court of Appeals. The opinion directly affected only 300 California National Guard troops remaining on duty, from the 4,000 originally called up."
"But Breyer's opinion could have a nationwide impact if it survives appeals. That is because Trump's original memorandum that called the California National Guard into federal service never specifically mentioned Los Angeles or California. To the contrary, as Breyer himself pointed out, "it instructed the Secretary of Defense 'to coordinate with the Governors of the States and the National Guard Bureau in identifying and ordering into Federal service the appropriate members and units of the National Guard.'""
A federal judge found that federalizing National Guard units limited their ability to perform law enforcement functions under the Posse Comitatus Act, citing Department of Defense briefings. Task Force 51 members were instructed not to impede traffic or block roads because those actions constitute law enforcement. The ruling directly left only 300 of 4,000 originally federalized California troops on duty. The Trump administration filed a notice to appeal to the Ninth Circuit. The decision could have nationwide implications because the original presidential memorandum authorized coordination to identify and order National Guard units into federal service.
Read at The Cipher Brief
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