The lawyer said evidence presented from the landmark trial that began on Monday showed that soldiers had violated a 19th century law that bars the military from civilian law enforcement.
Justice Department attorney Eric Hamilton countered that there was “substantial violence” in Los Angeles meriting military intervention and that the troops were only there to protect federal agents and property. Trump ordered 700 Marines and 4,000 National Guard troops to Los Angeles in June in response to days of unrest and protests sparked by mass immigration raids. California’s Democratic governor, Gavin Newsom, opposed the move and sued, alleging it violated prohibitions on the use of the military in law enforcement.
Breyer will also hear arguments on Wednesday on Newsom’s legal right to bring the case. The judge has not said when he will rule.
In the California trial, the administration sought to prove that the military was only used to protect federal personnel or federal property, which the administration said are permissible exceptions to the PCA.
Government witnesses testified that although those actions are generally prohibited, there are exceptions when federal agents or property are in danger.
“Is it a ‘rebellion’ because the president says it is a ‘rebellion’?” Breyer asked Hamilton during the government’s closing argument.
Many of the troops have been withdrawn from Los Angeles, but California Attorney General Rob Bonta said on Monday that 300 National Guard members are still going on immigration raids and restricting civilian movements in the state. The trial before Breyer will have limited impact on Trump’s plan to deploy hundreds of National Guard troops to Washington. - Reuters
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