Sep 2, 2025
Judge: Trump's National Guard Deployment Is ILLEGAL
US District Judge Charles Breyer ruled that President Trump's deployment of National Guard members and US Marines in Los Angeles was illegal.
- 12 minutes
The Trump administration
was dealt a massive blow in court today
over the deployment
of the National Guard in Los Angeles,
but they could double down anyway.
We'll have more on what comes
next in a minute.
But first, some details on this ruling.
[00:00:15]
Earlier today, a federal judge ruled
that the deployment of the National Guard
in Los Angeles by Trump and Secretary
of Defense Pete Hegseth was illegal.
US District Judge Charles Breyer
concluded that Trump's use
of thousands of federalized
California National Guard members
[00:00:33]
and US Marines
to provide protection to federal agents
during an aggressive immigration crackdown
in the Los Angeles area,
ran afoul of the Posse Comitatus Act,
a 19th century law that generally
prohibits the use for troops of troops
for domestic law enforcement purposes.
[00:00:52]
But this line from Judge Breyer
really stood out, at least for me.
President Trump and Secretary Hegseth
have stated their intention
to call National Guard troops into service
in other cities across the country.
Breyer wrote in his 52 page opinion,
thus creating a national police force
[00:01:13]
with the president at its chief.
Jack, before we get into what might
come next from the Trump administration.
What do you make of this?
Yeah, so this is the courts upholding
the law, and it is really good news.
So the biggest question is going to be
when the Supreme Court agrees with them.
[00:01:33]
What does Donald Trump do?
Does he ignore court orders
or does he go, well, I gave it a shot.
I try to do a military takeover
of the streets of America
and tread all over your rights.
But the court stopped me.
I mean, I hope so.
I hope that's where this ends.
[00:01:48]
But if it ends in Trump going, no, I'm
above the law, and I'm going to destroy a
rule of law and not listen to the courts,
then it will be an epic disaster.
And that'll be one of the most
determinative things
in the entire second Trump term.
But for now, this is a district court.
There's two layers above it.
[00:02:06]
There's appeals, and then there
is those are the circuit courts,
and then there's the Supreme Court.
So it'll get appealed up to that.
Does the is the ruling legally sound?
Unquestionably.
I mean, this is what we said from day one.
It's an obvious violation
of the Posse Comitatus law.
[00:02:23]
And so here's what I want to explain
to some of the Trump supporters
that they honestly,
I believe they often struggle with.
So if you don't like a law,
you're supposed to change it.
You're supposed to go vote on it
in Congress, then have it go
[00:02:40]
to the president and sign it.
And then, okay, you got rid
of the Posse Comitatus law.
I would disagree with you.
I don't think you should get rid of it.
I think it's a it's a wonderful thing
that makes us what we are.
We're not a developing country
with military in the streets
and military occupation,
military trained to target enemies.
[00:02:58]
And what it does is it turns
American citizens
into the enemies of the US military.
And that is a disastrous idea.
But you could make that case.
No, I think it's going to keep us safer
and pass a law
getting rid of the earlier law.
But if you don't do that, you do not have
a right in America to just ignore laws.
[00:03:16]
Oh, that law clearly applies here.
I don't care is not a legitimate argument
to make in in America, in a democracy
and in a country that believes
in rule of law as opposed to anarchy.
[00:03:33]
Yeah.
And I think it's worth pointing out
that one of the biggest days of protest
over Trump's actions like this, like
that deployment, the No Kings protest,
which again, one of the single biggest
days of protests in US history,
[00:03:49]
just announced today they're
doing another one on October 18th.
So that'll be very interesting
to watch as that develops.
But Trump is just giving people fuel
to show up, to participate, to join.
That movement is.
Despite this ruling, the Trump
administration shows no sign of slowing
[00:04:07]
in its quest to occupy major cities
across the country.
On Sunday, DHS Secretary Kristi Noem
said nothing is off the table,
Noem confirmed Sunday
while appearing on CBS's Face the Nation
that DHS intends to add more resources
to operations being conducted
[00:04:27]
by Immigration and Customs Enforcement,
Ice in Illinois and other states,
but declined to give details
over security concerns for agents
and investigators on the ground.
She also claimed that Trump's deployment
of the National Guard in LA earlier this
year prevented the city from burning down,
[00:04:45]
and said her agency has arrested 5000
individuals in the city and removed them
from the US. And then there's the question
of what cities would come next
and to to which Noem Home responded,
I would encourage every single city
San Francisco, Boston, Chicago,
[00:05:02]
whatever they are.
If they want to help make
their city safer, more prosperous,
they should call us.
However, no details are available right
now over any federal involvement
or deployment of the National Guard
or federal agents
[00:05:18]
to major cities in red states.
Jake, I'm curious what you make of that.
Why are they only focusing on blue states
if they really cared about tackling this
issue that they claim is a pervasive one?
- Why only blue cities?
- Yeah.
[00:05:33]
In fact, some of the most crime
ridden cities, as a matter of percentages,
are in the red states.
Some of the top cities
that have crime problems
are Oklahoma City, Dallas and New Orleans.
And by the way,
Jackson, Mississippi as well.
[00:05:48]
So but the problem is,
if you go into those states
that are run by Republicans, then you're
saying the Republicans did something wrong
and they don't want to say that.
They want to say, oh my God.
The Democrats running these states
and cities are terrible.
[00:06:04]
And they had.
They force us to do a takeover
because they're so incompetent.
And the Republicans
came to save you from crime.
And that doesn't work as well
if the Republicans are saving you
from crime, from other Republicans.
So that's why this is political in nature
and has nothing to do
[00:06:22]
with your actual safety.
So if they wanted to help you on the crime
issue, which is a separate issue,
they could actually bring in a lot of
federal agents and that might be welcoming
and is often, often is welcome in those
big cities and all across the country.
So what do I mean by that?
[00:06:39]
The federal government has a lot
of law enforcement at their disposal.
The FBI, the DEA
and so many other agencies.
And very often they do work
with local police.
In fact, you might remember
the story we did in Nevada.
The FBI and local police worked
to bust up a ring of potential pedophiles
[00:06:57]
who are trying to sexually abuse
young girls in Las Vegas.
That's the story where they're out of
the eight people captured, one of them
was an Israeli government official, and he
was allowed to escape back to Israel.
But that's an instance of where the FBI
and local law enforcement work together.
[00:07:15]
And there's nothing wrong with that.
That is not a violation of the law.
The Posse Comitatus Act
talks about how the military
cannot police American citizens.
So they can't, for example,
cordon off a perimeter.
They can't prevent people
from coming into a certain place.
[00:07:33]
They can't arrest people.
So the law on that is super clear.
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[00:08:07]
And here a they're violating it
very clearly and brazenly.
And B they're doing it in a way
that is obviously political and not trying
to actually solve the crime issue, which
people are legitimately concerned about.
What they're trying to do
is create an environment
where military rule becomes normal.
[00:08:24]
So when that military is then ordered
by the president
as basically military police at large, now
no longer policing the rest of the world,
but policing the American population.
So that is disaster number one.
And disaster number two is
that once that begins, you're not.
[00:08:44]
It's all about politicizing this
to try to smear Democrats
rather than actually to protect you.
So it has no upside
and nothing but downside.
So the policies are already terrible,
but none of that really matters
as much as the fact that it is illegal.
[00:09:00]
So whether you agree or disagree with
the policy, the courts are right here.
This is brazenly illegal.
And so we'll see if the Supreme Court
says laws don't matter anymore.
That would be disaster number one.
Or if the Supreme Court says,
yeah, obviously it's
[00:09:15]
against the law as they should.
And then Trump goes,
well, I don't care what the courts say.
So those are your two disaster scenarios.
We haven't hit them yet.
If the courts hold like this, and then
Trump is then forced to to withdraw from
the cities and to get back within the law,
[00:09:32]
then that will be American America and its
system of government working, which will
be, you know, a stress test on America.
But if we pass that test,
that will be great news.
Right now,
we're in the middle of that test.
Yeah.
One thing I want to just highlight here.
I'm totally with you.
[00:09:50]
There are bad outcomes potentially here,
with Trump ignoring that ruling
if it's fake or if it's Disfavorable
or the Supreme Court greenlighting this.
But I want to take a second
to talk about the human cost here.
And I, a friend was telling me
over this weekend, they live in D.C.
[00:10:10]
There was ice activity
in their neighborhood last week,
and there was an incident where that he
witnessed a father and his young toddler
aged daughter were in their car.
He was ripped out by agents,
stopped and ripped out by agents
[00:10:27]
and detained, taken away.
And they left this child alone in the car.
Didn't offer to find
a safe place for her to go.
Just left her there.
That is the barbarism
inherent in what they are doing.
[00:10:44]
Members of the community.
Dozens of people
quickly flooded the streets.
And I'm I'm sure there were many good
Samaritans there who helped this kid.
Maybe find a relative or somewhere to go.
But that story is not uncommon.
[00:11:01]
And just seeing how much it shook up
my friend from having to witness this.
Like, these are happening.
These stories, these scenarios,
they're happening all over the country.
And they will continue to happen.
And treating this as some like not saying
you're doing this, but the power centers
[00:11:19]
in this country are treating
this as some like legal exercise or going
through the courts as some formality.
And I understand it is important
and important tool
of keeping the president in check.
I don't have a lot of faith
in our institutions to do that.
[00:11:34]
But I feel like we often lose sight
of what these policies and what these
operations really look like.
That kid is going to be traumatized
for the rest of her life because of this.
Yeah. And I have one last thing to say.
Look, guys, there's a lot of laws
that I don't like.
[00:11:50]
So money in politics is a disaster.
It's totally ruined our democracy.
The Supreme Court decisions on it,
Citizens United,
Bellotti and Buckley are ridiculous.
They're preposterous.
Talking about how corporations are
human beings and have rights to speech
[00:12:06]
and speech is money, so they can
give infinite money to our politicians.
It's just legalized bribery.
I despise it if one of our allies was
president, I wouldn't counsel them.
I just ignore it.
Dude, we don't like the law.
That's not how it works.
So that's why we try really hard
through wolf-pac to get an amendment
[00:12:24]
so that we can change that legally
the right way in a democracy.
So and it is super difficult to do,
but that's what you do.
If you have an unjust law,
you don't just break it.
And especially when the people
in power break the law,
[00:12:39]
that sends a disastrous message
that we're no longer in a democracy.
This is exactly what people were
worried about under Donald Trump.
Every time you ring the bell below,
an angel gets its wings.
Totally not true, but it does
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