Last night U.S. District Judge Charles Breyer issued a ridiculous temporary restraining order (TRO) removing President Trump’s control of the California National Guard [SEE RULING HERE]. Charles Breyer is the 83-year-old younger brother of former Supreme Court Justice Stephen Breyer.
What made the TRO ruling transparently ridiculous was: (A) the state of California never requested a TRO; and (B) the citations Breyer used to underpin his decision were all left-wing media reports about the events. The facts, his facts, underpinning his judicial opinion, were wrong.
Those who follow judicial writing will note that using media reports as citations inside judicial decisions is a common attribute of Lawfare operations. Factually, it seemed unlikely District Judge Breyer even wrote his own ruling; it reads like something from Norm Eisen or Mary McCord.
This morning, a three-judge panel of the 9th Circuit Court of Appeals blocked Breyer’s order just hours after he issued it [SEE RULING HERE].
The appellate intervention retains the power of President Trump as commander in chief over the California national guard. The appeals court set a Tuesday hearing on the full context of the matter, thereby ensuring Trump’s deployment will remain in place at least into next week.
California – […] The appeals court’s short-term block came after an urgent plea from the Trump administration for a ruling before midnight in Washington, saying Breyer’s decision represented a dangerous affront to Trump’s power as commander in chief to protect federal interests.
[…] The sweeping nature of Breyer’s decision [made it] vulnerable on appeal. When the state’s lawyers filed an emergency motion Tuesday seeking Breyer’s intervention, they asked only for a temporary order prohibiting the federalized National Guard troops from engaging in law enforcement or accompanying immigration officers in the field. However, the judge ruled much more broadly, declaring Trump’s order federalizing the Guard to be unlawful and ordering that those forces be returned to California’s control.
In his order, Breyer agreed that some of the protests had been accompanied by unacceptable violence. But he said the law and Constitution require far more significant degrees of violence to justify deploying the military to enforce civil laws. (read more)
“The appellate intervention retains the power of President Trump as commander in chief over the California national guard.”
Gee. Imagine that. Who woulda’ thunk…..The commander in chief has power over the national guard.
But he said the law and Constitution require far more significant degrees of violence to justify deploying the military to enforce civil laws.
What…Is there some kind of quota here? How many people have to die first? Some “x” number of dead per thousand of population, maybe?
He was spewing leftist babble and nonsense.
Actually, the Constitution simply says (Art. 2.2) that the COMMANDER IN CHIEF … “decides.”
And that Congress (Art. 1.8) must set the rules – as they have, for more than two hundred years now.
“Courts” have no role at all. This is, after all, not a criminal matter. This is war.
It’s the same reasoning that requires the police to allow the criminal X number of shots before they can shoot back.
That reasoning will get you “graveyard dead” {unalived} in FL…
And I, as one of We The People…
Concur with Brevard County Sheriff Ivey…
Scream, yell, picket to your heart’s content…
Lawfully.
In God We Trust
{All others pay cash}
Trust God
Fear not
The degree of violence is reached
When the
‘Peaceful Protestors’
Reach
The honorable judge’s home.
And burn it down.
More Judicial Jihad!
Ya can’t trust anyone in a bow tie!
His brother, a liberal Supreme Court justice, wore bow ties a lot.
Shhh, don’t tip them off! It’s easy to spot the flakes!
Tucker Carlson got a lot better once he dropped his. I remember him way back, and he was insufferable because of it. It’s a weird piece of clothing for weird people, outside of weddings or 17th century cosplay.
Taken/copied from the Conservative Treehouse. Let’s call the riots in LA and around the nation what they need to be called: The John Roberts Riots.
They are the predictable and predicted outcome of allowing judges to dictate national security, border enforcement. With anyone in a black robe able to veto the president’s Article II powers chaos predictably ensues and the people take matters into their own hand. John Roberts’ failure to intervene and control his judiciary that has granted themselves presidential authority has led to the lawlessness we are seeing, approved defiance of law and order. The nation can have, can only survive with one president.
The John Roberts Riots of 2025. This is what we are experiencing. Let there be no confusion about where the responsibility for them lies. In a just world, a world where justice prevails, John Roberts would be impeached and removed from the Court. He caused and is causing cities to burn, property to be damaged, looted, people to be harmed, killed. This is ALL on John Roberts.
Posted this on Truth Social in a few spots. A Treeper here posted this two days ago. As relevant then as it will continue to be. Live your best lives Treepers. Amen
Nice.
I agree but he doesn’t care. He needs to experience this BS. Where does he live?
Jason Robards is still alive? 😮
I guess the judge didn’t read the Dick Act , or the Militia Act of 1903, where it states, as even Wikipedia reports, that :
“The President of the United States was empowered to call up the National Guard for up to nine months to repel invasion, suppress rebellion, or enforce federal laws. Guardsmen had to answer a presidential call or face court-martial.”
It was further modified in 1908 to drop the 9 month restriction, and extend it to when the President determined: “The Militia Act of 1908 removed the nine-month limit on federal service, giving the President the authority to set the length of federal service.[24][25”
USC 10 SS 252 has this to say: Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 332; Pub. L. 109–163, div. A, title X, § 1057(a)(2), Jan. 6, 2006, 119 Stat. 3440; renumbered § 252, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
Looks like both the District Judge and the 9th Circus are both out of their lane. No surprises there.
The written law is not the problem, it is the inability of these marxist judges to read English
Eisenhower federalized the Arkansas Guard:
“AI Overview
In 1957, President Eisenhower federalized the Arkansas National Guard during the Little Rock Integration crisis. This action was taken to support the desegregation of Little Rock Central High School, after the Arkansas National Guard had initially been called in by the governor to prevent the black students from entering the school. Eisenhower issued Executive Order 10730 to federalize the guard and ensure the students’ safe entry.”
The National Guard units have numerical designations that establish what FEDERAL UNIT each would be once incorporated into the US Army. The 29th Division that landed on Omaha Beach in 1944 were elements of the Virginia and Maryland National Guards. The 28th Division is the Pennsylvania National Guard. The 30th Division in WWII was (primarily) the North Carolina Guard. The National Guard is not like the State Militia of the Civil War.
The enemy is so lost. They are working in our behalf, and they don’t have enough sense to know it.
The enemy cannot survive without a class of victims. All ethnic and sexual classes have been consumed and used except white men. LoL.
So the new classes of victims are criminals and mentally ill freaks. It is very difficult to gain traction with intelligent citizens using these classes a leverage.
It will interesting to see how history treats these left wing idiots.
I truly cannot grasp how any judges can so wildly misinterpret the constitution. It is not a flexible document, and whatever they are teaching in our law schools is far off the mark. That needs to change. Immediately.
10 U.S. Code 252
10 U.S. Code § 252:
“Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.”
What a bunch of crap.. get rid of this loser “judge”
I read all the great legal and Constitutional analysis above, great stuff, makes allot of sense, probably a game winner under proper circumstances … however …. at the end of the day comes down to Panel of Judges hearing the case.
The United States District Court for the Northern District of California
14 Active Judges – ALL Appointed by Obama or Biden
12 Part Time Senior Judges – 11 Appointed by Clinton or Obama
Now for the REAL kicker …. the city of LA is NOT under the Jurisdiction of this Court.
IF … the 9th DISTRICT insists on this case being continued in this Sub-District be sure this is going to go against the President and the 9th DISTRICT has also proven to be PRO-ILLEGAL Immigrant and a hostile venue for President Trump.
Just for grins …. The City of LA, where the actions of the President using the CA USANG spawned this “law suit”, is in the United States District Court for the Central District of California.
Active Judges 28: 17 Biden-Obama-Clinton vs 11 Trump-Bush II
Part Time senior Judges 11: 5 Democrat vs 6 Republican.
The balance of power can almost be called 50:50 or 55:46
If there is even the slightest anomaly in the Random Selection Roulette Wheel … the lawfare folks could end on the bad side of the panel “randomly selected”.
Another judge emerges from Satan’s toilet bowl.
It would be interesting to apply linguistic analysis along with other techniques to see how similar the writing style is to his non controversial rulings. And does this writing style match any other rulings he has made. And can we make guesses as to the original author?
Brewer’s 40+ page decision was given within such a such time frame, it would appear that it was written even BEFORE the actual lawsuit, which would allow someone to speculate that thee was a bit of judge shopping involved here, as well, as this all seemed to have been prepared already.
Yes it definitely was and I’m of the opinion that judge was merely controlled opposition – it was designed to fail so that they could just get the court shenanigans out of the way. Which would mean either Trump or the military did it.
“Those who follow judicial writing will note that using media reports as citations inside judicial decisions is a common attribute of Lawfare operations. Factually, it seemed unlikely District Judge Breyer even wrote his own ruling; it reads like something from Norm Eisen or Mary McCord.”
The way I understood the Rules of Evidence, media reports are not admissible as evidence unless thoroughly authenticated:
“AI Overview
Generally, media reports are not considered reliable evidence on their own in court due to potential inaccuracies, bias, and lack of proper authentication. While they can be used to provide context or demonstrate public awareness of an event, they are often inadmissible to prove the truth of the facts reported.
Here’s a more detailed breakdown:
Why media reports are generally not considered evidence:
When media reports might be considered:
Soon, hopefully, America will see that the Democrat Party is nothing more than “cry babies”! Such sniveling!
I’m liking the Bukele solution more and more. Get rid of the corrupt judges. Congress should wipe out the lower courts and start over.
“The constitution require far more significant degrees of violence to justify deploying the military for law enforcement”! Can someone explain the degree of violence necessary? I agree that our military, retired Army, should only be used as a last resort. However, federal agents are being attacked for, wait for it, doing their jobs of enforcing the laws enacted by congress. And local law enforcement cannot or willnot stop the attacks. Keep the military on standby, draw the “Final Red Line” for the anarchist & company (domestic terrorist) then SQUASH THE REBELLION!
These judges have NO jurisdiction in such matters. These activist judges need to be prosecuted.
This stupid ahole judge is no judge at all, a democrat hack. the united states judicial system is full of stinking democrat hacks
These people need to be removed
The clown judge wears a bow-tie! Kinda looks like Bill Nye, the Science Guy…
He looks a lot like his brother, a former Supreme Court justice. He wore a bow tie, too.
One thing not discussed is it used to be true that the National Guard was solely under the direction of the govenor of each state. It was in fact a state operated armed force or militia but that was very expensive and most governors didn’t like the political aspects of taxation to support it. The federal government stepped in with money and also implemented its ability to call up the various Guard organizations in time of war or civil emergency.
“Far more significant displays of violence” … When (and if) a District Judge is assassinated in his home, Melissa Hortman-style, Judge Breyer will sing a different tune.
Never trust a judge wearing a bow-tie 🙂