This Clinton appointee's ruling will not hold up under appeal.
"His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith."...
Trump literal invoked Title 10 Section 12406, which means he did not violate his authority nor the Tenth Amendment, as Section 12406 is a power specifically given to the federal government.
In a statement on social media, Newsom wrote, "The court just confirmed what we all know: The military belongs on the battlefield, not on our city streets....
The judge didn't rule on Trump's use of the Marines, which means this ruling doesn't have anything to do with "the military belongs on the battlefield."
Breyer wrote that the protests in Los Angeles "fall far short" of the legal requirements of a "rebellion" to justify a federal deployment. Rebellions need to be armed, violent, organized, open, and aim to overturn a government, he wrote. The protests in California meet none of those conditions, he found.
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To send thousands of National Guardsmen to Los Angeles, Trump invoked Section 12406 of Title 10 of the U.S. Code on Armed Services, which allows a federal deployment in response to a "rebellion or danger of a rebellion against the authority of the Government of the United States." In his order, Trump said the troops would protect federal property and federal personnel who are performing their functions. - https://abcnews.go.com/US/california-eme...=122773137
This judge is leaving out context to justify his ruling. Saying it falls short of a rebellion is irrelevant to a "rebellion or danger of a rebellion against the authority of the Government of the United States." Obstructing federal officers/agents and attacking them is "rebellion or danger of a rebellion" against their authority. Only the illiterate could parse it otherwise.
While peaceful protests are legal and are protected by the Constitution, violence, and destruction are not. Rebellion and insurrection apply when perpetrators destroy government property or assault federal officers. This type of illegal behavior is considered a crime against the United States and the Constitution. - https://www.thefederalcriminalattorneys....surrection