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Judge rules against Trump administration in National Guard lawsuit
Arcadia City Council reprimands mayor, adopts rules for decorum
By City News Service
joet@beaconmedianews.com
By Joe Taglieri
A
federal judge ruled Tuesday that President Donald Trump's deployment of National Guard troops to Los Angeles during immigration enforcement and protests was illegal. Judge Charles Breyer of the U.S. District Court in San Francisco issued the ruling, finding that the deployment was in violation of the Posse Comitatus Act, which bars most uses of U.S. troops on U.S. soil. It is unlawful for U.S. military troops to enforce domestic laws. The Trump administration has argued that the troops were there to protect federal officers and property and they were not performing local policing duties. "Once again, a rogue judge is trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction," White House spokeswoman Anna Kelly said in a message to City News Service. "President Trump saved Los Angeles, which was overrun by deranged leftist lunatics sowing mass chaos until he stepped in. While far-left courts try to stop President Trump from carrying out his mandate to Make America Safe Again, the President is committed to protecting law-abiding citizens, and this will not be the final say on the issue." An appeal is expected from the Trump administration. The ruling, which follows a lawsuit by California Gov. Gavin Newsom and a
The Arcadia City Council meets Tuesday to finalize a censure action against Mayor Sharon Kwan. | Photo courtesy of the city of Arcadia
I National Guard soldiers patrol downtown Los Angeles in June. | Photo courtesy of the National Guard
three-day trial in San Francisco federal court, goes into effect at noon on Sept. 12. Trump deployed 4,000 National Guard and 700 Marines to Los Angeles in June. The injunction applies only to the military in California, not nationally. Trump, who recently deployed the National Guard to Washington, D.C., said he may send troops to Chicago. The president said last month that he can "do anything I want to do ... if I think our country is in danger." According to the ruling, the Trump administration's use of federalized National Guard troops and Marines for civilian law enforcement in Los Angeles is illegal and the administration is
permanently banned from engaging in the same or similar activity in the future. That activity includes "arrests, apprehensions, searches, seizures, security patrols, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants, unless and until defendants satisfy the requirements of a valid constitutional or statutory exception, as defined herein, to the Posse Comitatus Act," Breyer wrote in the 52-page order. "Today's ruling affirms that President Trump is not King, and the power of the executive is not boundless," Attorney General Rob Bonta said in a statement Tuesday. "For more than two months,
the President has engaged in political theater, using National Guard troops and Marines as pawns to further his anti-immigrant agenda. "In doing so, he trampled on one of the very basic foundations of our democracy: That our military be apolitical and the activities of troops on U.S. soil be extremely limited to ensure civil liberties and protect against military overreach. I applaud the District Court for firmly rejecting the Trump Administration's reckless interpretation of the Posse Comitatus Act and rebuking its unprecedented use of military troops for civilian law enforcement in California communities." Newsom also applauded
See National Guard Page 32
n the first such action in Arcadia history, the City Council enacted censure penalties Tuesday for Mayor Sharon Kwan that include relieving her of the ability to preside over meetings. Four of the five council members also voted to formalize rules of decorum: "Treat everyone courteously; listen to others respectfully; exercise selfcontrol and avoid threatening language and loud, insulting, demeaning, or offensive communications; give open-minded consideration to all viewpoints; focus on the issues and avoid personalizing debate; and embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions and allow all parties to speak without intimidation or interruption." A second councilapproved resolution specified reprimands for Kwan's alleged misconduct. She "is relieved of her of her duties to conduct City Council meetings, and shall not preside over City Council See Censure Page 15
meetings for the balance of her term as Mayor ... "Kwan is relieved of her assignments to serve on City Committees and as the City’s representative on outside agency boards, except where such boards require that the City’s representative be the Mayor as mandated by law; "Mayor Kwan shall not serve as the City’s designated representative to speak on behalf of the City Council at outside events or to outside organizations ... however, nothing provided herein shall disable the Mayor from any public address which is pursuant to an invitation by the party or organization specifically requesting Mayor Sharon Kwan to address that party or organization." Mayor Pro Tempore Eileen Wang will speak in place of Kwan "if an unspecified speaking engagement or request is made to the City for a public address," according to the resolution authored by Councilman David Fu and finalized by the city attorney and city manager. Kwan, who became the city's first Asian American