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The Trump administration took over a cache of documents, photographs, internal reports and other evidence detailing the operations of Southern California military forces, ruled Tuesday, handing the state a procedural victory in the fight to hold back thousands of troops under the president’s command.
Charles R. Breyer, senior district judge in federal courts in San Francisco, has said that California lawyers may allow key administration officials to step down and may consider questions about how long the federally controlled forces are maintaining.
The Ministry of Justice opposed the move, saying it had no opportunity to respond.
The ruling follows the state’s stimulus loss last Thursday in the 9th Circuit Court of Appeals, where the appeals team defeated Breyer’s temporary restraining order, which is believed to return control of the force to California leaders.
Written for the court, Honolulu Judge Mark R. Bennett said the judiciary must broadly postpone the president to determine whether a “rebellion” is ongoing and whether civilians protesting immigration agents have adequately blocked deportation to justify support from the National Guard or Marines.
Bennett wrote that the president has the power to take action under the law “authorizes the federation of the National Guard if the president is unable to enforce US laws.”
However, neither court has yet to give an opinion on other major California claims. By supporting migrant raids, the troops under Trump’s command violated the Collective Comitatas Act of 1878, prohibiting soldiers from banning enforcement of civil law.
Shilpi Agarwal, the legal director of the ACLU in Northern California, argued that the White House is abusering the massive war laws (known as PCA), known in statutory jargon, by helping soldiers immigrate and customs enforcement.
“There is no controversy that what the National Guard is doing now is prohibited by the PCA. It is a legally essential,” Agarwal said. “I feel that going out into the community with the Ice Officer and playing a role in individual ice raids is something that the Posse Comitatus Act has been designed to ban.”
In the June 12 order, Breyer wrote that the charges were “premature” and said there was no sufficient evidence yet to weigh whether the law was broken or not.
The 9th Circuit agreed.
“We believe that the President is likely to have the power to federate the National Guard, but in our decision, we are not addressing anything about the nature of the activities involving the federal National Guard,” writes Bennett. “Before the district court, the plaintiffs alleged that certain uses of the National Guard violated the Posse Comitatus Act…we do not express our opinion on that.
Now, California has forced evidence from the government to include Ernesto Santacruz, Jr., director of LA’s ICE Field Office. and has permission to deposit numbers, including Major General Niave F. Knell, who heads operations at the Department of War, responsible for “the defense of his hometown.”
With a few exceptions, such evidence will soon be made public, another victory for Californians, Agarwal said.
“In this case, I think it will become more abundantly clear to everyone how few this National Guard calls are, as the facts are developing further,” she said.
At a briefing Monday, the Trump administration argued that the military “simply implements protective functions” that are not enforced by the law.
“Nothing in the interim injunctive record is an effort to protect the personnel and property used to implement federal law, and does not plausibly support the claim that security guards and the Marines are engaged in implementing federal law,” the Justice Department complaint said.
The federal government also argued that even if the military enforces the law, it does not violate the Comittatas Act of the Assembly. And if that were the case, the Northern California district would have been limited only to its authority.
“Given the discovery of the Ninth Circuit, the president can call the “National Guard” along with regular forces to implement US law, but it is illogical for the federal government to keep that federal government is prohibited from running it once.[ing] Law,” the motion said.
For Agarwal and other civil liberty experts, the next few weeks will be extremely important.
“There’s this atmospheric rubicon we crossed when we said based on vandalism and people throwing things into cars. “When the Lakers won the championship, there was more anxiety.”
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