Author Topic: Judge Breyer blocks the use of the National Guard in Los Angeles  (Read 252 times)

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Offline mystery-ak

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Offline mystery-ak

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #2 on: September 02, 2025, 10:18:57 am »
Charlie Kirk
@charliekirk11
BREAKING: San Francisco-based U.S. District Judge Charles Breyer (brother to retired SCOTUS Justice Breyer) just ordered the Trump administration to stop the deployment of the National Guard in California to protect federal immigration personnel and buildings.

This ruling is clearly political, meant to stifle the President’s commitment to stopping crime in other big cities since Judge Breyer himself brought it up in his ruling:

“President Trump and Secretary Hegseth have stated their intention to call National Guard troops into service in other cities across the country.”

In June, this same judge, ruled that Trump's deployment of the California National Guard was likely illegal and ordered the troops be returned to Newsom's control. That was reversed by the 9th U.S. Circuit Court of Appeals a week later.

Expect the same appeal process to play out yet again here.
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Offline andy58-in-nh

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #3 on: September 02, 2025, 10:25:47 am »
You may be certain that the same thing will happen in Chicago.

As I posted on a related thread, I am beginning to consider whether it might ultimately make more sense to let these cities suffer and burn.

At least until the populace comes to their senses. Or if they do.
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Offline mountaineer

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #4 on: September 02, 2025, 10:25:55 am »
"A win for Gov. Newsom," but probably a big loss for residents.
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Offline BobfromWB

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #5 on: September 02, 2025, 10:51:16 am »
You may be certain that the same thing will happen in Chicago.

As I posted on a related thread, I am beginning to consider whether it might ultimately make more sense to let these cities suffer and burn.

At least until the populace comes to their senses. Or if they do.

The trouble with letting them suffer and burn is the infection spreads - the Chicago has infection already spread to Milwaukee [ which wasn't in great shape to begin with ], and now is spreading to the suburbs in WI, overwhelming local police.

Kill it now before it multiplies further!!!
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Offline DB

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #6 on: September 02, 2025, 11:09:46 am »
Likely to be thrown out at the Supreme Court.


Offline andy58-in-nh

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #7 on: September 02, 2025, 11:28:58 am »
The trouble with letting them suffer and burn is the infection spreads - the Chicago has infection already spread to Milwaukee [ which wasn't in great shape to begin with ], and now is spreading to the suburbs in WI, overwhelming local police.

Kill it now before it multiplies further!!!

The President can clearly employ Federal troops to enforce U.S. Federal law (e.g. - immigration, civil rights under the 14th Amendment). Any judge who rules otherwise is simply wrong... see Article 2 Section 2 of the Constitution).  A far different question arises when the issue is state or local crime.

When the local police are overwhelmed and cannot depend upon increasing their ranks by appealing to the local government, the standard response would be for them to appeal to the state governor for assistance (State Police/National Guard).

If a governor is unwilling to assist, then the voters have to make a decision as to whether to keep that person in office, or to elect someone else. A governor may appeal to the Federal government for assistance as well, but once again: should a state governor be unwilling to act, the problem will likely only get worse.

Our issues with crime have everything to do with bad values, broken families and a debased culture.  To this extent, a U.S. President, no matter how well intentioned, is unlikely to succeed in solving the crime problem merely by Federalizing law enforcement (outside of D.C., which is by design a Federal district).

The appeals process will now lead to Federal District Court rulings, which in turn will be appealed to the U.S. Supreme Court, regardless of which way they turn out.
     
The Supreme Court would then need to rule upon whether the President has the power under Article 2 Section 2 ("The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States") to unilaterally direct National Guard troops to enforce state crime laws where the state authorities are unwilling or unable to do so.
« Last Edit: September 02, 2025, 11:50:49 am by andy58-in-nh »
"If all men are created equal, that is final. If they are endowed with inalienable rights, that is final. If governments derive their just powers from the consent of the governed, that is final. No advance, no progress can be made beyond these propositions. If anyone wishes to deny their truth or their soundness, the only direction in which he can proceed historically is not forward, but backward toward the time when there was no equality, no rights of the individual, no rule of the people."    -Calvin Coolidge

Online Timber Rattler

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Re: Judge Breyer blocks the use of the National Guard in Los Angeles
« Reply #8 on: September 02, 2025, 07:35:59 pm »
I guess Breyer didn't get the message from the Appeals Court last time.

 And IF (big IF) his ruling is correct, then would that not mean that Eisenhower and Kennedy's unilateral use of the National Guard and federal troops in the South to enforce de-segregation is also illegal?
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Online txradioguy

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As I pointed out in another thread...the deployment of the National Guard doesn't violate the Posse Comitatus Act.


This judge doesn't know the law and unfortunately he decided to make his ignorance public.
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