A federal judge put a temporary kibosh on California Gov. Gavin Newsom’s attempt to shut down President Trump’s troop deployment to Los Angeles, saying Tuesday the issue is probably beyond his court jurisdiction right now.
Judge Charles Breyer, a Clinton appointee to the bench in California, said the Trump administration is already appealing a different ruling on the broad duties the president assigned to the troops violated the Posse Comitatus Act.
Some 300 National Guard troops remain in Los Angeles, the remnants of nearly 5,000 troops – both guard and U.S. Marines – that had been deployed at the peak.
The Pentagon has indicated the troops may remain into November.
Mr. Newsom had asked Judge Breyer to overturn that timetable.
But the judge said as long as the 9th U.S. Circuit Court of Appeals is hearing the case – as it is now – he probably can’t issue any new injunctions.
“This is not the typical case. Plaintiffs do not identify any case where a district court was found to retain jurisdiction after an appellate court stayed an injunction, as the Ninth Circuit did here,” Judge Breyer said.
He said if Mr. Newsom wants to pursue his claim right now he must go to the 9th Circuit itself.
Mr. Trump federalized and sent the troops to Los Angeles in early June after watching federal deportation agents face resistance and riots as they sought to carry out his plans for mass deportations.
Judge Breyer initially ruled the deployment in violation of the rules governing federalization of troops. The appeals court blocked that ruling.
Another federal judge has ruled that the deportation officers used unconstitutional reasons in deciding which people to target in immigration stops. The U.S. Supreme Court put that ruling on hold this week.
