(NewsNation) — A federal judge is set to hear arguments Monday over whether President Donald Trump broke the law when he deployed the National Guard troops to Los Angeles in June.
Judge Charles R. Breyer will preside over the bench trial and could make a decision this week.
If the case ends in Trump’s favor, it would set a precedent, making it easier for a president to put federal troops on the streets of an American city.
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In a June 12 ruling, Breyer sided with California and ordered the troops’ return to state control, a decision legal sources told NewsNation could suggest that California has the upper hand.
Why did Trump deploy National Guard troops in Los Angeles?
As protesters against federal immigration efforts gathered in Los Angeles in June, Trump deployed at least 700 active-duty U.S. Marines and more than 4,000 National Guard troops to the area.
California Gov. Gavin Newsom and Attorney General Rob Bonta filed a lawsuit against Trump over the deployment.
The protests began June 6 after ICE began carrying out immigration raids at work sites around Los Angeles. Two days later, Trump federalized the California National Guard, citing Title 10 of the U.S. Code.
When can a president use the National Guard?
The provision allows the president to federalize the National Guard when there is a rebellion, the U.S. is invaded, if there is danger of either occurring or if the president cannot execute U.S. law with regular forces.
Trump’s federal troop deployment to Los Angeles was the first without a governor’s request since the Civil Rights Movement.
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Newsom has argued that state forces had the protests under control and cited another law that forbids the U.S. military from participating in civilian law enforcement on U.S. soil.
Trump eyes deploying National Guard troops in DC
Promising a sweeping crackdown on crime and homelessness in Washington, D.C., Trump is set to outline a proposal Monday that could include deploying the National Guard to the district.
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The announcement follows several days of heightened federal law enforcement patrols in the city, despite pushback from D.C. Mayor Muriel Bowser, who called the increased presence unnecessary.
Trump has argued he plans to make the district “safer and more beautiful than it ever was before.” Metropolitan Police Department data shows violent crime is down 26% compared to the same time last year.
NewsNation’s Anna Kutz and Tom Dempsey contributed to this report.
