Federal Judge Makes Major Ruling on Trump Troops in LA
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Well, we got some breaking news in that California case against Donald Trump and his administration to try to block their hostile takeover of California. The case filed in San Francisco, assigned to Charles Breyer, the judge based on competing requests, one from the California court,

group that wanted an immediate stay to block and kick out the feds from controlling the National Guard. And the other one, Donald Trump, asking for more time to brief the issue. Well, we got a new ruling by Judge Breyer, and I'm going to report on it right here and explain what it means. Let's get to it. I'm Michael Popak, and you're on Legal AF.

Charles Breyer, 83 years old, senior status judge. He's the brother of retired Supreme Court Justice Stephen Breyer, appointed by Bill Clinton. He currently is declining California's request for an immediate restraining order or administrative stay.

But he is holding a hearing on Thursday after a full briefing in which he will revisit the issue. So at least for now, based on this ruling, the federalization of the National Guard and the use of military troops on the streets of California, ordered there by Donald Trump through his Department of Defense Secretary Hegseth, will continue. But maybe not past Thursday. Let me read to you from the order that we just obtained.

Plaintiff, and I'll interpret it for you. Plaintiffs Gavin Newsom and the state of California filed an ex parte motion for temporary restraining order at 11 a.m. on June 10th. Ex parte means they didn't do it with the permission of the other side. They ran into court to try to get the injunction and the stay. Courts generally hate ex parte. They like to have full briefing. They like to have the other side with notice. They like to have hearings, even if it happens quickly.

Defendants Donald Trump, Pete Hegseth, and the Department of Defense, on the other hand, Defense requested 24 hours to file their from the filing of the motion for temporary restraining order to file a response brief based on that.

The judge has granted Trump's request, but he wants the brief by 11 a.m. tomorrow Pacific time on June 11th. Plaintiffs will then have the right by 9 a.m. Thursday morning to file a brief and at 1.30 Thursday morning,

They're all going to be in court, in open court for a hearing. And any party wishing to appear by Zoom may do so. We might be able to get access to that particular hearing so we can report on it on Midas Touch and Legal AF. How did we get here? Yesterday, the Newsom administration filed their 22-page complaint alleging that Donald Trump not only violated a particular statute

That is really the only one that he could use at present to federalize and nationalize the National Guard and try to take it over and violate the sovereignty of California and violate the 10th Amendment of the Constitution, which sets up the relationship between states and the federal government. They filed that suit.

arguing ultra-varies that Donald Trump's actions were rogue and in violation of the 10th Amendment and of a particular statute, a violation of the 10th Amendment. And they also argued that it was a violation of the Administrative Procedures Act, the actions of the Department of Defense. They asked for a preliminary injunction. At the same time, they filed a motion for temporary restraining order on an ex parte basis, meaning they wanted the court to rule without the other side being heard from.

They thought the papers were sufficient and the judge may have done it, except Donald Trump ran in and lobbed in a request.

We can debate the reasonableness of it, given what's happening on the streets of California and its chance of tipping over and becoming even worse, giving Donald Trump another excuse to crack down on resistance in California. But the judge saw it. He said, look, they want another day or two. Fine. Wednesday, file your brief by a time certain.

I'll give the other side, California, one more brief to file in the morning of Thursday. And Thursday at 1.30 after lunch, let's all get together and we'll talk about it. This episode is brought to you by IQ Bar, our exclusive snack sponsor. IQ Bar is the better for you plant protein-based snacks made with brain-boosting nutrients to refuel, nourish, and satisfy hunger without the sugar crash. IQ Bar's plant protein bars are packed packed.

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is a ruling by the judge. He may rule from the bench. He may take it under advisement, but I think he's going to rule from the bench. And if he rules for California, which would be a momentous shoveback by the federal judiciary against Donald Trump, then we're going to have, we know, an immediate appeal by Donald Trump to the Ninth Circuit Court of Appeals. This is all going to be the TikTok, the timeline for Thursday,

Yeah. In the meantime, Donald Trump taking a page out of the Harvard playbook is attacking California, wasting our hard taxpayer dollars of $140 million in order to send the Marines and take over the National Guard. For what reason? The protests were not that bad. And law enforcement there on the ground could have handled it and is handling it, would have handled it a lot better had Trump

coordinated with California before they purposefully sent in the federal bootjacks in order to foment this kind of uprising, in order to suppress it. That's what we're watching. So that's what's going to happen in court. Now, let me just leave it on this. Breyer is a very interesting selection. First of all, he's senior status. He's 83. He probably went senior status eight or nine or 10 years ago. But think about who his brother is. Stephen Breyer

now retired and free to speak, went after in his own way Donald Trump in the last several months, supporting Chief Justice Roberts, saying that Donald Trump's attack on the federal judiciary was wrong and inappropriate and the federal judiciary needs to stand up against Donald Trump. And now his brother is the one that's going to make this decision about how much we're going to stand up against Donald Trump. The case is important.

And as I've said before, the attempt by California to stop the fascist totalitarian instincts of Donald Trump is important to our democracy. Just like Harvard can't lose against Donald Trump or really bad things will happen in public education in this world and in America. California can't lose because it will only embolden Donald Trump to try to take over and attack other blue states. And there's another 22 or 23 of them out there.

And so the fight, which I put my money on Rob Bonta, the attorney general for California and Gavin Newsom, he had no choice. His hand was forced. They literally attacked Gavin Newsom and threatened to put him in jail. And so he, you know, other than saying in social media, you want a piece of me or words to that effect, the lawsuit we knew was coming.

Exactly what we outlined, ultra varis, rogue, breach of the Constitution, the 10th Amendment. And now it's all in the hands, the capable hands of Charles Breyer at the San Francisco federal courthouse.

We'll continue to report on it. Tune back in here. We're going to get our hands on the briefing tomorrow from Donald Trump. We'll post it on Legal AF, the Substack. We're going to get our hands on the next filing on Thursday morning. We'll post it. We'll report on it. Legal AF, Substack. And then, of course, we'll zoom in, if we can, to the hearing and report on it in real time here on Midas Touch and on Legal AF. Come on over to Legal AF.

and help us continue to grow that pro-democracy channel at Legal AFMTN. So until my next report, I'm Michael Popock.

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