(Updated with Newsom statement) Donald Trump has just been ordered by a federal judge to “return control of the California National Guard to the Governor of the State of California forthwith.” Forthwith meaning in practical terms means noon PT Friday with even more orders from the bench to possible follow.

In an order handed down Thursday just a couple of hours after a pitched hearing in San Francisco between Department of Justice lawyers and Golden State attorneys, Judge Charles Breyer awarded Gavin Newsom the temporary restraining order he sought over Trump’s federalization of the California National Guard on June 7 after protests over ICE raids of undocumented immigrants in and around L.A.

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“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions,” the judge wrote in a 36-page order this evening. “He did not.” The Bill Clinton appointed judge added: “His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.”

Read The Judge’s Order For Trump To Return Control Of The National Guard To Newsom Here

Newsom and the state Attorney General first filed suit against Trump, Defense Sec. Pete Hegseth and others in the administration on June 9. The gist of their argument was that the president overstepped his authority when he dispatched National Guard troops to the region to respond to protests of ICE immigration raids late last week. The governor said the president violated the law by not consulting with him first before the deployment.

On June 11, Newsom upped the ante and demanded a TRO to halt “ongoing and unnecessary militarization of Los Angeles” and Trump’s brazen authoritarian tactics ASAP. Trump’s DOJ lawyers pushed to have the 1 p.m. PT deadline set by the governor delayed, and Judge Breyer (brother of Clinton appointed Supreme Court Justice Stephen Breyer, who retired in 2022) agreed. He required more briefings from both sides and set a hearing on the matter for today at 1:30 p.m. PT.

A hearing in which federal lawyers often seem not to know their own argument or the facts to back it up.

Having already warned on “a monarchy” in the hearing earlier today, Breyer worried in his order this evening that “Defendants’ actions also threaten to chill legitimate First Amendment expression.” To that, and with the overriding Constitutional and jurisdictional issues at play, he laid out exactly what’s next for Newsom and Trump with this halting of military deployment to America’s second-largest city:

For the foregoing reasons, the Court GRANTS Plaintiffs’ motion for a temporary restraining order:
Defendants are temporarily ENJOINED from deploying members of the California National Guard in Los Angeles.

Defendants are DIRECTED to return control of the California National Guard to Governor Newsom. 
The Court further STAYS this order until noon on June 13, 2025.

Plaintiffs are ORDERED to post a nominal bond of $100 within 24 hours. The bond shall be filed in the Clerk’s Office and be deposited into the registry of the Court. If said bond is not posted by the aforementioned date and time, this Order shall be dissolved.

Defendants are further ORDERED TO SHOW CAUSE why a preliminary injunction should not issue. A hearing on this order to show cause will be held on June 20, 2025 at 10 a.m. Plaintiffs’ moving papers shall be filed no later than June 16, 2025; Defendants’ opposition shall be due no later than June 18, 2025, and Plaintiffs’ reply shall be due on June 19, 2025.

Whether or not this White House complies with Breyer’s order is another matter.

Less than two hours before today’s hearing, Department of Homeland Security Secretary Kristi Noem appeared to be backing Defense Secretary Pete Hegseth’s avoidance of a congressional hearing in Washington, DC earlier in the day of whether or not the administration would respect court orders over its use of troops in Los Angeles.

“We are not going away,” Noem said at the same L.A. press conference where federal agents shockingly assaulted Sen. Alex Padilla, handcuffed and dragged him away for trying to ask the DHS chief a question. “We are staying here to liberate this city from the socialist and the burdensome leadership that this governor and that this mayor placed on this country and what they have tried to insert into this city,” Noem added with a reference to California and L.A.’s “sanctuary” policies that prevent state and civic participation in federal immigration raids and detentions.

Also, Thursday LA Mayor Karen Bass gave much more heated remarks than is usual for the circumspect politician in talking about the continued ICE rounding up of residents and the 4,000 Guard troops and 700 Marines on the streets in and around federal buildings and more. “No matter what happens out of the White House,” the much Trump attacked Bass said today. “We will always uphold and reflect what Los Angeles and the United States are truly about: freedom, tolerance and, for God’s sake, our Constitution.”

Almost as fast on the social media draw as Trump, Newsom went online soon after the order landed on the federal court docket. “The court just confirmed what we all know — the military belongs on the battlefield, not on our city streets,” the Governor posted with a copy of the order. “This win is not just for California, but the nation. It’s a check on a man whose authoritarian tendencies are increasing by the day. End the illegal militarization of Los Angeles now, @realDonaldTrump History is watching.

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