USDC Judge Breyer In SF... Blasts Team Tangerine 2.0, About Posse Comitatus Act [Faked] Defense.

This update concerns Noem, et al. rolling the National Guard and the Marines into LA without an invitation, to use punishing brutality to abuse brown people with, and without papers -- indiscriminately. There can be no national emergency without an express invitation to Trump, from from CA Gov. Newsom. There was. . . the opposite of that.

Trump is destined to lose, and lose badly here (again). He cannot "federalize" a city -- and effectively declare martial law in this way. No other president has ever tried this, on anything like this scale. The Constitution's federalism clauses forbid it, as does the Tenth Amendment, expressly.

But Team Tangerine had to be reminded that federal judges have all the power they need. . . to hold trials. Even if Kristi Noem's rather large. . . undies are in a bunch -- about that.

Here's the stinger of a three paragraph order this afternoon from Senior Judge Breyer (and the operative bit of it):

. . .[Tangerine 2.0] Defendants’ Corrected Supplemental Opposition to Plaintiffs’ Motion for a Preliminary Injunction asserts that because Plaintiffs’ Posse Comitatus Act claim fails as a matter of law, “next week’s trial should be cancelled and Plaintiffs’ motion denied.” Opp’n (dkt. 136) at 14. Next week’s trial is not cancelled.

The Court expects to hear evidence beginning on Monday. Per the Court’s Order for Pretrial Preparation for Civil Bench Trial, the presentation of evidence shall proceed efficiently: “[f]ailure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting.” Pretrial Order (dkt. 123) at 3.

Following the presentation of evidence, the Court expects to hear the parties’ legal arguments beginning on Tuesday. . . .

These MAGAt lawyers are -- without doubt -- the most under-educated on the planet. . . almost to a person. Team Newsom is going to bury them, next week.

Count on it. Out.

नमस्ते