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A federal judge urged the Justice Department at a hearing Thursday to urge Donald Trump to comply with the law in response to recent anti-immigration law enforcement protests and riots in Los Angeles County, California.
Clinton-appointed Judge Charles Breyer weighed Democratic Gov. Gavin Newsom's demand that the court temporarily restricted Trump's use of the National Guard power, which he repeatedly compared to the monarchy.
Breyer said that the United States is not ruled by the king and the presidential power has limitations.
“We are talking about the president exercising his authority, and the president is certainly limited to his authority,” Breyer said. “That's the difference between a constitutional government and King George. It's not that leaders can simply say something, it's it.”
Retired Justice Stephen Breyer's brother assigned to Newsom National Guard lawsuit
California Governor President Gavin Newsom. (Getty Image)
Breyer, the brother of retired Liberal Supreme Court Justice Stephen Breyer, made no decisions from the bench during the hearing, nor did he show how he would rule. He noted that the decision will be made Thursday night.
The judge's remarks came when weighing the debate raised by Brett Shumate, director of the Justice Department's Civil Division. Shumate argued that the court did not even authorize reviews of Trump's invocation of Section 10, a set of laws that lay out mechanisms the president could use to members of the federal Civil Guard.
The National Guard is a national military force under the dual control of the president and the governor. Typically, the president activates the National Guard with the consent of the governor.
But, as demonstrated in a Northern California court Thursday, the law has not clearly stated that the governor’s permission is necessary.
Trump and Defense Secretary Pete Hegseth relied on the federal government’s Article 10 law to say that thousands of National Guard members said the president must “pass” the governor. A memo from Heggs sent deployment soldiers saying he had gone through the news magazine, which Breyer questioned.
Former AG Barr breaks down Gavin Newsom's “nonsense” legal requirements as Trump sends troops to calm riots
Defense Secretary Pete Hegseth testified at a hearing on the Senate Appropriations Committee at the Dickson Senate Office Building in Washington, D.C. on June 11, 2025. (Anna Moneymaker/Getty Images)
“I'm trying to figure out how someone passes 'pass' if you don't actually give him,” Breyer said.
Newsom strongly opposed Trump's dispatch of troops to his state, saying the president's performance of force has exacerbated fledgling riots in parts of Los Angeles and worsened them.
After the president's announcement, protests and riots intensified. Demonstrators set several self-driving cars on fire, plundering stores and continue to attack law enforcement officers, including plug-ins with concrete and other hard objects.
Trump tells judge he doesn't need news magazine permission to fight thugs, deploys National Guard
During a protest following federal immigration operations, rioters waving a car next to a Mexican flag caught fire during a June 7, 2025 protest near Compton, Los Angeles, California. (Getty Image)
The attorney general of California filed a lawsuit over Trump's actions, causing the president to protest with Newsom, one of the country's most prominent Democrats and may also be a 2028 presidential contender.
Newsom lawyers pointed out in the complaint that Trump and Heggs exceeded their powers, violated Section 10 and violated the Administrative Procedure Act.
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The lawyer wrote that they “illegally bypassed the governor of California.” In addition to the possible need for the governor's consent, Title 10 also requires that the insurrection or similar types of scenarios are underway.
“In the last three days, rebellions or uprisings have never been,” the lawyer wrote. “These protests have also not been raised to the level of protests or riots seen in Los Angeles and other major cities in the past (including in recent years) in Los Angeles and other major cities.”
