In a damning blow to Donald Trump’s blatant abuse of power, a federal judge has ordered the former president to return control of the California National Guard to Governor Gavin Newsom. The order follows a temporary restraining order (TRO) issued by U.S. District Judge Charles R. Breyer on June 12, 2025, concluding that Trump’s actions were not only unconstitutional but illegal, at this early stage.
Background
In late May 2025, Trump unilaterally federalised around 4,000 California National Guard troops and deployed 700 U.S. Marines in Los Angeles under Title 10 authority. This militarised response came in the wake of nationwide protests triggered by aggressive federal immigration raids. Trump’s move to seize control of California’s Guard—without the consent of Governor Newsom—was immediately challenged by the state as a violation of states’ rights.
The Court’s Decision
Judge Breyer's ruling was crystal clear. He wrote:
“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not… His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment… He must therefore return control of the California National Guard… forthwith.”
Breyer emphasised that while federal forces may protect federal property, the use of the National Guard as a domestic police force without state approval amounts to unlawful militarisation. He warned that unchecked executive power “evoked the founders’ fear of a monarchy.”
Not a Final Ruling
It’s important to note: this is not a final legal victory. The judge issued a Temporary Restraining Order (TRO), not a permanent injunction. The federal government has already filed an appeal, and the case will continue. A preliminary injunction hearing is scheduled for June 20, 2025, and could result in either a firmer legal block or a reversal.
No other judge previously ruled that Trump’s deployment was lawful. This is the first judicial response to the crisis, and it sets the tone for the legal battle ahead.
Immediate Impact
The TRO takes effect at noon Pacific Time on Friday, June 13, 2025, requiring Trump’s federal forces to stand down and allowing Governor Newsom to regain full command of California’s National Guard. Whether this holds depends on the next stage of the legal process.
Wider Implications
This ruling sends a stark message: the president is not above the law. He cannot override the Constitution to impose military force on states that don’t bend to his will. Legal experts hail this decision as a powerful reaffirmation of democratic checks and balances, state sovereignty, and the rule of law — but it’s far from over.
Gary's Soapbox Comment:
This wasn’t just an overreach—it was an authoritarian power grab, plain and simple. Trump treated the National Guard like his own private militia, deployed to crush dissent and intimidate political opponents. It’s exactly the kind of behaviour the Founding Fathers warned against. Judge Breyer called it what it was: illegal. Trump’s dictatorial aspirations need to be combated at every turn or this could slide into something far worse.
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