The contentious case of President Donald Trump's deployment of National Guard soldiers in California has reached a new stage as a federal judge granted California Gov. Gavin Newsom the opportunity for limited discovery — and kept the case in its current jurisdiction.
U.S. District Judge Charles R. Breyer of the Northern District of California found that Newsom is entitled to expedited discovery, but only on the issue of whether the Trump administration violated the Posse Comitatus Act, a law that forbids federal troops from operating as civilian law enforcement.
Following the filing of Newsom's June 9 lawsuit, Breyer granted a temporary restraining order on the deployment, questioning Trump's authority over the state's guards. The U.S. Court of Appeals for the 9th Circuit, finding that Trump "likely" acted within his authority under 10 U.S. Code § 12406, which grants the president authority to call up the National Guard, put a stay on Breyer's order. That ruling, according to the Trump administration, shows that any Posse Comitatus Act claim is overridden, and therefore discovery shouldn't be allowed.
Not so fast, Breyer essentially said in his order, finding that the Trump administration was making this "newly minted argument" for the first time in this case.
Posted by John3262005