The state’s attorneys want the judge to order the National Guard troops back to their regular assignments, and for both the Marines and National Guard troops to be prohibited from patrolling streets or otherwise aiding in any law enforcement action other than protecting federal property and personnel.
Specifically, the state wants Breyer to bar the armed troops from directly participating in the “enforcement of civil laws,” something California contends they have been doing this week.
On Monday, California filed suit, and on Tuesday, it asked Breyer for an immediate restraining order. He instead asked the Trump administration to respond by Wednesday and scheduled the hearing for Thursday.
Trump on Saturday invoked a rarely-used legal provision that allows a president to deploy federal service members if “there is a rebellion or danger of a rebellion against the authority of the Government of the United States.”
