AG Nessel Statement on Federal Judge Ruling Trump Admin.’s Use of National Guard and Marines for Law Enforcement in California Is Illegal

LANSING – Today, a federal district court judge ruled that the Trump Administration’s use of federalized California National Guard members and Marine Corps troops to conduct law enforcement activities in the Los Angeles area is unlawful. In June, Michigan Attorney General Dana Nessel issued a statement condemning the actions by the President and Department of Defense, declaring them, “an affront to state sovereignty and domestic rule of law.”  

Today, Attorney General issued the following statement: 

“I am relieved that the Court has affirmed what we have said from the start: the President’s effort to deploy active-duty troops against Americans to conduct everyday law enforcement is an affront to the rule of law. No President has the authority to strip states of their constitutional role in maintaining public safety. Whether Donald Trump accepts it or not, we are a country of checks and balances, and state sovereignty cannot be erased by this Administration.” 

In the Court's formal opinion, District Judge Charles Breyer wrote, “the evidence at trial established that Defendants systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act.” 

Judge Breyer further blocked the administration from utilizing such military personnel in California for the purposes of “arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.” That prohibition is effective Friday, Sept. 12th, absent an appeal from the federal government.