Tuesday, June 10, 2025

[Updated] BREAKING: California Seeks TRO By 1 PM Pacific Time Today, To Stop The US Marines -- In Their Tracks, Under Posse Comitatus Act.


Updated @ 4 pm Eastern: The briefing and hearing on this TRO will be as follows:

Set Deadlines/Hearings: [Govt.] Responses due by 6/11/2025.

Replies due by 6/12/2025.

Motion Hearing set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor and by videoconference (Zoom) before Judge Charles R. Breyer. . . .


End update.

This is going to put Tangerine 2.0 -- and Kristi Noem, and Stephen Miller. . . in a real bind: they've plainly lied about what they are attempting to do. And they sent Pete Hegseth a letter, admitting the lie.

They are trying to militarize the US -- and blue states, specifically. This won't do. There is likely to be a TRO saying so, by 6 pm or so, Eastern today now. See this very well argued TRO motion, from Califronia Gov. Newsom, in full -- and a bit:

. . .As set forth in the accompanying Memorandum of Points and Authorities, a TRO is necessary by 1:00 p.m. on June 10, 2025, to prevent immediate and irreparable harm to Plaintiffs. Absent immediate injunctive relief, Defendants’ use of the military and the federalized National Guard to patrol communities or otherwise engage in general law enforcement activities creates imminent harm to State Sovereignty, deprives the State of vital resources, escalates tensions and promotes (rather than quells) civil unrest. Accordingly, the Plaintiffs seek a TRO and preliminary injunction to preserve the status quo. . . .

In the United States, the police -- and not the military -- enforce the law. This bedrock principle flows from the Founding, finds expression in Acts of Congress, and lives at the core of our civil society. Ours is a Nation of laws, enforced through even-handed justice, and not ruled by military decree. But Defendants, including President Trump and Secretary of Defense Hegseth have sought to bring military personnel and a “warrior culture” to the streets of cities and towns where Americans work, go to school, and raise their families. Now, they have turned their sights on California with devastating consequences, setting a roadmap to follow across the country. . . .

Through a June 7 Presidential Memorandum and subsequent implementing orders, Defendants have seized control of 4,000 members of the California National Guard over the express objection of California’s Governor and deployed them to Los Angeles, the largest county and second largest city in the country. Unsatisfied with this excessive and unnecessary show of force, Defendants have sent another 700 active-duty Marines into Los Angeles.

All of this was unlawful. The Marine Corps’ deployment for law enforcement purposes is [particularly] unlawful. For more than a century, the Posse Comitatus Act has expressly prohibited the use of the active duty armed forces and federalized national guard for civilian law enforcement. And the President and Secretary Hegseth have made clear -- publicly and privately -- that the Marines are not in Los Angeles to stand outside a federal building. . . .


Onward -- to the SF courts painting Noem's and Trump's back porch BRIGHT RED, this evening! Heh.

नमस्ते

2 comments:

condor said...

I should point out that USDC Judge Breyer here was a very young lawyer then, but he was on the team of the Watergate Special Counsel... he was a legal aid lawyer, and was ultimately appointed to the Northern District of CAlifornia bench by then-President Bill Clinton.

All of which is to say that he has a deep appreciation for why it is unwise to let rogue would-be despots. . . runk amok (as with Nixon; as with Tangerine).

Noem should buckle-up.

She'll gonna' get schooled.

Namaste. . . .

Anonymous said...

Delayed until Thursday