National Guard illegally performed law enforcement in LA, judge rules

• U.S. District Judge Charles Breyer's order only applies to California — but his conclusion could impact how the administration approaches enforcement in other cities it chooses to target.

Driving the news: "In short," Breyer wrote, "Defendants violated the Posse Comitatus Act."

• Posse Comitatus prevents the military from performing law enforcement duties on American soil.
• He further ordered that the 300 National Guard personnel still deployed in California cannot be used to engage in arrests, crowd control, traffic control and other law enforcement activities, unless a valid exception under the act is satisfied.
• The judge notes that his injunction, which is stayed until Sept. 12, does not require the government to withdraw troops stationed in LA, nor does it bar it from using those troops in a way consistent with federal law.

State of play: Breyer said that the troops in Task Force 51 were "expressly instructed" they could engage in specific law enforcement activities, like setting up perimeters and traffic blockades and conducting crowd control.

• "That instruction was incorrect," he concluded. "There is no exception to the Posse Comitatus Act for such conduct."
• And the record, he noted, was "replete with evidence that Task Force 51 executed domestic law in these prohibited ways."
• He continued, saying those instructions to train the troops on "the purported constitutional exception and thereby excuse unlawful military conduct came 'all the way from the top' of the Department of Defense."

What they're saying: White House spokesperson Anna Kelly said in a statement to Axios that "a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction."

• She added that "the President is committed to protecting law-abiding citizens, and this will not be the final say on the issue."

Catch up quick: The Trump administration sent 4,000 National Guard and around 700 Marines in response to protests over federal immigration raids, a move condemned by city and state leaders.

• Newsom, who is embroiled in a simmering standoff with the White House on multiple fronts, sued Trump, Defense Secretary Pete Hegseth and the Defense Department, challenging the president's order.

• Breyer previously ordered that Trump had to return control of the Guard to the state, but an appeals court halted that ruling.

Friction point: Trump, in a Tuesday Truth Social post wrote that Illinois Gov. JB Pritzker "needs help badly," declaring he would "solve the crime problem in Chicago fast, just like I did in DC."

• In a lengthy Cabinet meeting last week, Trump claimed he had the "the right to do anything I want to do," adding, "I'm the president of the United States. If I think our country is in danger — and it is in danger in these cities — I can do it."
• "Chicago doesn't want you here," Pritzker retorted on Bluesky over the weekend.

Context: The Insurrection Act provides a means to sidestep to the Posse Comitatus Act, as noted by Breyer. But Trump didn't invoke it in this case, nor was an exception to the Act authorized by statute.

• Trump's threats to call up troops to serve in cities across the country essentially create "a national police force with the President as its chief," Breyer warned.

Go deeper: Trump denies being a dictator as he threatens new National Guard deployment

Editor's note: This story has been updated with comment from the White House.