Friday, June 13, 2025

Federal Judge Attempts to Wrest Control of National Guard Away From Trump

One thing that the Trump presidency has revealed is how many judges see themselves not as adjudicators of legal disputes but as part of the ruling elite. The most recent news in this front is Senior U.S. District Court Judge Charles Breyer--seated in San Francisco--who "ruled Thursday evening that the Trump administration must relinquish control of the California National Guard." 

... Breyer wrote that the president’s “actions were illegal.” He said they exceeded “the scope of his statutory authority,” and his actions “violated the Tenth Amendment to the United States Constitution.”

This may be the first time that a federal court has ruled that the 10th Amendment is anything more than empty words on a piece of paper. But Breyer did not stop there. Apparently overcome by all the propaganda of the planned "No Kings" protests, "Bryer repeatedly emphasized that Trump is exercising presidential authority, not a king’s. He said the presidential role comes with limitations." 

In his ruling, Breyer enjoined the Trump administration from deploying members of the California National Guard in Los Angeles. He also ordered the “defendants” to return control of the California National Guard to Governor Newsom. 

Bryer's glee was probably short lived, as the 9th Circuit almost immediately stayed the injunction pending a hearing next week.  

    In that regard, you should read Julie Kelly's article, "Who Really is to Blame for Anti-Deportation Riots?,"  where she lays much of the blame at the feet of D.C. district court judge James Boasberg, who as you remember, "lit the match on March 15 during a series of hasty proceedings to advance the first lawsuit against the president’s Alien Enemies Act (AEA)."

    ... Within hours of the president signing the act, the American Civil Liberties Union sought a restraining order to stop the removal of illegal Venezuelans associated with the multi-national crime racket known as Tren de Aragua, the basis of the AEA.

    Working quickly that Saturday, Boasberg immediately banned the deportation of anyone covered by the AEA. But that wasn’t enough. During a Saturday evening hearing, Boasberg made an outrageous demand of the DOJ, which had been given no time to file a response or even gather their collective thoughts on the matter.

    Boasberg: “[Any] plane containing these folks that is going to take off or is in the air needs to be returned to the United States, but those people need to be returned to the United States. However that's accomplished, whether turning around a plane or not embarking anyone on the plane or those people covered by this on the plane, I leave to you. But this is something that you need to make sure is complied with immediately.”

    At the time, two planes carrying AEA subjects were about to land in Central America—far out of U.S. airspace and clearly outside of Boasberg’s jurisdiction. Further complicating the issue, likely by design, Boasberg failed to include his unhinged verbal demand to return planes in a subsequent written order. (The planes were not sent back to the U.S., opening the door to Boasberg’s contempt trap, as I explained here.)

    Even though the Supreme Court reversed Boasberg’s reckless decisions—and later put a lid on his contempt investigation—the die had been cast. Not only did the media rush to portray the illegal gang bangers as victims (again) of a cruel Trump administration, the false narrative that the White House was defying court orders quickly took root.

It may very well be that the ultimate goal of these outrageous decisions is not impede any particular policy being pursued by the President, but to push Trump into outright defiance of a court, similar to Andrew Jackson's defiance of the Supreme Court, setting the stage for an impeachment proceeding. 

3 comments:

  1. These rogue "judges" are destroying the legitimacy of the entire judicial system.

    ReplyDelete
    Replies
    1. They don't care about popular legitimacy because they always have men with guns to back up their edicts.

      Delete
  2. Batted down on this one. Trump needs to double down. More troops.

    ReplyDelete

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