A federal judge in San Francisco prevented the soldiers from helping the arrest of immigration and other civil law enforcement in southern California on Tuesday, and warned of a “national police force with the president as its president” in an excited order to turn into force on September 12.
In a 52 -page decision early on Tuesday morning, provincial judge, Charles R. The administration’s bed is to “publish, arrange, teach, train or use” California forces to participate in the enforcement of the civil law-a ruling that could have wide consequences for Trump’s use of the army at the national level.
“Why is the National Guard still present?” Prayer called for a clear irritation in the trial last month.
“What is the threat today? What is the threat yesterday or two weeks ago that it allowed?” The judge said. “I am trying to know if there are any limits, any limits to use a federal power.”
The government described the California suit as a “cold pass” and pledged to combat the decision.
This ruling comes at a time when hundreds of forces are now patrolling in the capital of the United States, after an order issued by the President in mid -August publishes the National Guard to reduce crime in the capital
The administration has warned that thousands can be published in other American cities.
About 300 soldiers remain in the streets of Los Angeles, where thousands of National Guard forces and hundreds of naval infantry were deployed in early June to suppress the strong protests on immigration raids.
Prayer would accurately limit what the remaining forces can do. The Ministry of Justice indicated that it would appeal the decision immediately, but guaranteeing residency so that the ninth department can rule later this month.
Experts say the judicial dust, which followed, will explain a precedent in a mysterious angle of the law. But some warn that it may also discover a road map for future publication in cities throughout the United States
Mark B. said. Nevit, a law professor at Emori University and one of the country’s most prominent experts in the case: “If Prayer is heading with news, the ninth circle meals with Trump, then we now have a book to use the National Guard and perhaps the army all over the country.”
“He had a ruling from the most liberal circle in America, which gives the legal light of this publication,” Nevit said. “This would make a bad law for the country.”
This is the second time this summer that the Gavin New Lover Governor has risked the expansion of the presidential force that he sought to reduce when he filed a lawsuit against Trump regarding the deployment of forces in June.
On June 9, Prayer ruled the abstraction of the head of the Federal Forces, saying that he had crossed his authority under a mysterious sub -section of the United States law. Soon the ninth circle reflected this decision, as it was found that the president had a wide discretionary authority over local publishing operations.
“He uses these legal mechanisms for shadow to reach where he wants to go without making the difficult political decision of invoking the rebellion law,” Nevit said. “His lawyers divide the United States Law in search of the executive authority.”
Now, the Court of Appeal must weigh whether the same broad presidential discretionary power extends to violations of the Posse Comitaus law, a nineteenth -century law that prevents soldiers from enforcing civil laws in all the most extreme conditions.
The Ministry of Justice claims that as soon as the president calls his authority close to its publication, almost anything that the soldiers may do “protection” of federal law under law.
“Do you say because the president says that, so he is?” Prayer said. “In other words, we will see federal officers everywhere if the president decides that there is some threat to the safety of a federal agent.”
The argument sometimes deviated to what Brayer called “Alice in Wonderland”: The lawyers of the Ministry of Justice said that both Los Angeles forces followed the law strictly and The law does not apply to them.
“Why did you spend a day looking at the slide after slipping and organizing after organizing and reporting after a report on … compliance with the Posse Comitaus law if the Posse Comitaus law is not related?” Prayer cut. “Maybe you should tell your client that they do not have to follow [it] If this is your point of view. ”
Likewise, the lawyers of the administration told the court that Trump could not be prosecuted because of its violation of the criminal statute. But they cannot be tried, as they said, thanks to the decision of the presidential immunity of the Supreme Court last year.
“Therefore, there is no treatment,” Prayer said.
Experts say the law is not clear.
Nevit said: “The legality of all this is really messy.” “It can be said that California may not even stop to reach the advantages of the issue.”
Others were more difficult for California’s chances.
“This is an opportunity to give more meaning to a mysterious basic system,” said Dan Morrier, a law professor at Northern Ohio University. “It is important to see what the president can escape.”
The trial also revealed amazing new details about some of the most controversial acts of the army in southern California this summer, including their participation in a raid in July of the MacArthur Park that angered residents and city officials.
On August 12, Major General Scott Marshall Shermann that border patrol agents initially planned to target the park on Father’s Day – a decision that ended the army, saying that the expected crowds made them very dangerous.
“It will be a very large amount of people in the garden,” Sherman said. “I could not approve it because of the high risks.”
Experts said that sending soldiers to American cities was one of Trump’s dreams since his first term as president. Some fear of expanding the use of soldiers for the civil police can be a first step towards martial law.
Eric J. Sejal, a professor at Georgia’s Law Faculty of Law: “The reason that Trump may find that this is delightful that this is what Lincoln did.” “Trump wants to be Lincoln.”
The president has already indicated his intention to expand the use of the army
“We will look at New York,” Trump said at a press conference in August. “We hope to watch Los Angeles.”
For Bayer, the existential threat.
“What prevents the national police force?” The judge said. “Is there any limit?”
Government can have effects that go beyond Los Angeles.
Trump, who sent nearly 5,000 naval infantry and the National Guard to Los Angeles in June in a move by California Governor Gavin New Roosome and La Mayor Karen Bass, Executive order Declaration of a state of public safety emergency in the capital, the matter required Article 740 of the law of the province of Colombia, which places the Capital Police Department under direct federal control.
In June, Prayer Trump had destroyed the law when he mobilized thousands of members of the National Guard in California against the wishes of the state.
In a 36-page resolution, Prayer wrote that Trump’s actions “were illegal-and both of them exceeded his legal authority and violated the tenth amendment to the US constitution.”
However, the Court of Appeal in the ninth American circle stopped this court, which allowed the forces to stay in Los Angeles while the case plays in the Federal Court. The Court of Appeal found that the president had a wide authority, although it was not “unlikely”, to deploy the army in American cities.
In his rule on Tuesday, Prayer Add: “Evidence in the trial has proven that the defendants systematically use armed soldiers (whose identity was often obscured by protective shields) and military vehicles to create protective oceans and traffic blockade, engaging in controlling crowds, and showing a military presence in Los Angeles and around him. The abbreviation of the defendants violate the Posse Comitaus law.”