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A federal judge pressed the Justice Department on Thursday on whether President Donald Trump followed the law when he revitalized the National Guard in response to recent anti-immigration enforcement protests and riots in Los Angeles County, California.
Clinton’s appointee Judge Charles Breyer repeatedly compared it to the monarchy as the court opposed the Democratic government’s demands of Gavin Newsom to temporarily limit Trump’s powers to the use of the National Guard.
Breyer said the United States is not ruled by the King and there are restrictions on the presidential power.
“We’re talking about the president exercising his authority, and the president is, of course, limited to his authority,” Breyer said. “That’s the difference between constitutional government and King George. It’s not that the leader can simply say something, that’s what it is.”
The brothers of retired Justice Stephen Breyer’s brothers have been assigned to the Newsom National Guard case
California President Donald Trump Gavin Newsom. (Getty Images)
Breyer, brother of retired liberal Supreme Court Justice Stephen Breyer, did not make a decision from the bench during the hearing and did not inform him of how he would control. He indicated that the decision would arrive Thursday evening.
The judge’s remarks came when he weighed the arguments presented by Brett Schmate, head of the DOJ Civics Division. Shumate argued that the courts did not even have the authority to consider calling Trump’s Title 10, a set of laws that could be used by a president to federate members of the National Guard.
The National Guard is a military force based on a nation under the dual control of the president and governor. Typically, the president will activate the National Guard with the consent of the governor.
However, as demonstrated in a Northern California court on Thursday, the law does not make it clear that the governor’s permission is required.
The Title 10 laws President Trump and the Secretary of Defense relied on to federate thousands of National Guard members say the president has to “pass through” the governor. Hegseth sent a memorandum deploying his passing to the soldiers.
Former AG Barr cuts off Gavin Newsom’s “nonsense” legal claims by Trump sent to the military to quell the Lauot
Secretary of Defense Pete Hegses testifies during a hearing before the Senate Budget Committee in the Darksen Senate Office building held in Washington, D.C. on June 11, 2025. (Anna Money Maker/Getty Images)
“In fact, if you didn’t give him that, I’m trying to understand that someone is ‘through’ someone,” Breyer said.
Newsom vehemently opposed Trump’s sending troops to his state, saying that the president’s rise in force has exacerbated and exacerbated fledgling riots in parts of Los Angeles.
Protests and riots escalated after the president’s declaration. Protesters continued to attack law enforcement officials, including setting some self-driving cars on fire, looting the looted stores, and painting concrete objects and other hard objects.
Trump tells the judge that Newsom’s permission is not required to crack down on the mob and deploys the National Guard
Rioters waving the Mexican flag next to a flare-up car during a post-federal immigration protest in the Compton area of Los Angeles, California on June 7, 2025. (Getty Images)
The California Attorney General filed a lawsuit over Trump’s actions, opposing the president against Newsom, one of the nation’s most prominent Democrats and one of the 2028 presidential candidates.
Newsom’s lawyers alleged in a complaint that Trump and Hegses had exceeded their authority, violated Title 10 and violated the Administrative Procedure Act.
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They “drifted the California governor illegally,” the lawyer wrote. In addition to the possibility of requesting consent from the governor, Title 10 also requires that there be an ongoing rebellion or similar type of scenario.
“It’s not the point where there have been no rebellions or rebellions in the last three days,” the lawyer wrote. “These protests have not risen to the level of protests or riots that Los Angeles and other major cities have seen in the past, including in recent years.”
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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