This story was originally published by the WND News Center.
A federal judge who previously tried to foil President Donald Trump's fight for national border security and integrity and against riots promoting illegal aliens in the country, and was reversed by an appeals court, is trying again.
It is Charles Breyer who is the judge who, when Trump ordered National Guard troops to deter anti-Immigration and Customs Enforcement rioting in California, ordered Trump to stop giving orders and let leftist Democrat Gov. Gavin Newsom do it.
He was overturned by the 9th U.S. Circuit Court of Appeals, which ordered that constitutional precedents call for courts to be "highly deferential" to the president on some issues.
Breyer's latest move against Trump, according to a report from Fox News, is to claim that Trump acted unlawfully when he sent thousands of National Guard troops, and a handful of Marines, to address those anti-ICE riots that California authorities and leaders had allowed to develop.
Breyer's claim is that Trump and Secretary of Defense Pete Hegseth violated the Posse Comitatus Act, which dates to the 1800s and says the military cannot ordinarily be used for domestic law enforcement.
Fox reported, "The judge said his order only applies to California, but he noted the administration's warnings about sending the National Guard to other blue cities across the country amount to 'creating a national police force with the President as its chief.'"
Breyer had made similar comments during a three-day trial last month.
At the time, he insisted, "What limiting factors are there to the use of this force?"
Trump had activated 4,000 National Guard troops in June to address support for federal authorities in California as they pursued arrests of criminal illegal aliens, over the objections of state officials including Newsom.
Most of those operations already have concluded.
Newsom screamed on social media, "LOSES AGAIN. … The courts agree — his militarization of our streets and use of the military against US citizens is ILLEGAL."
An appeal is more than probable which could result in the 9th Circuit reviewing – even overturning – Breyer again. The issue could even end up at the Supreme Court.
According to the Washington Examiner, Breyer's claim now is that the Trump administration cannot send National Guard members to protect law-enforcement officers carrying out federal law.
Breyer claimed, "There were indeed protests in Los Angeles, and some individuals engaged in violence. Yet there was no rebellion, nor was civilian law enforcement unable to respond to the protests and enforce the law."
