A non-jury trial in California is testing the boundaries of presidential power over domestic troop deployments. Governor Gavin Newsom sued President Donald Trump for sending National Guard troops and active-duty Marines to Los Angeles in June during protests against federal immigration raids.
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Newsom argues the move violated the 1878 Posse Comitatus Act, which limits the military’s role in civilian law enforcement. California claims troops crossed the legal line by showing force at protests and joining a marijuana farm raid 100 miles away.
The Justice Department says the Constitution allows presidents to deploy troops to protect federal property and personnel. It insists the troops did not engage in policing, but military testimony revealed instances of detaining people and supporting immigration raids despite low-risk assessments.Judge Charles Breyer has questioned the lack of clear limits on military involvement in domestic affairs.
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California Attorney General Rob Bonta warned that siding with Trump would create an “unprecedented shift” in the military’s role in society. White House officials called the lawsuit political and denied any law enforcement role by troops.
At the height of deployment, 700 Marines and 4,000 National Guard members were sent to Los Angeles. About 300 National Guard troops remain. Military commanders testified they had broad discretion to secure property, manage crowds, and even detain individuals if they believed threats existed.
Breyer challenged the Justice Department to define clear boundaries, warning that the administration’s stance could allow military use “almost without limit.”
The Justice Department has also argued California lacks standing to sue because the Posse Comitatus Act is a criminal statute enforceable only through prosecution, and presidents have immunity for official acts.
As the trial closed, Trump ordered 800 National Guard troops to patrol Washington, D.C., citing crime despite statistics showing a decline in violent offenses.
Breyer’s decision will determine not only this case but the scope of military involvement in U.S. domestic affairs going forward.
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