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Legal experts predict Trump will win National Guard battle despite federal judge ruling
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President Donald Trump’s controversial deployment of the National Guard to Los Angeles and possibly other cities may survive judicial scrutiny, legal experts say, despite a federal judge ruling that it violated the Posse Comitatus Act.
Experts say presidents are afforded near-total deference by the courts when it comes to military use, even under the Posse Comitatus Act. The 150-year-old law says the military cannot typically engage in standard police work.
Attorney Andrew Stoltman, an adjunct law professor at Northwestern University, told Fox News Digital he thinks the Supreme Court will eventually sanction the president’s unconventional use of the National Guard. The court has routinely sided with Trump in temporary rulings this year.
«I think ultimately he will be given the legal green light to do so. But he is doing this obviously in heavy blue states, so he’s going to have to take this eventually to the Supreme Court,» Stoltman said, adding, «But I think with the expansion of the president’s powers, it’s going to be eventually stamped in terms of a legal seal of approval.»
FEDERAL JUDGE RULES TRUMP VIOLATED MILITARY LAW BY ACTIVATING NATIONAL GUARD IN CALIFORNIA
Protesters confront National Guard soldiers and police outside a federal building during protests in Los Angeles after three days of clashes with police over immigration raids on June 9, 2025, in Los Angeles, California. (Spencer Platt/Getty Images)
In California, Judge Charles Breyer found in a lawsuit brought by Democratic Gov. Gavin Newsom that Trump improperly federalized the National Guard in response to anti-Immigration and Customs Enforcement protests and riots.
Posse Comitatus Act violation
Breyer, a Clinton appointee and brother of retired liberal Justice Stephen Breyer, later also found that Trump and Secretary of Defense Pete Hegseth violated the Posse Comitatus Act by directing troops, including thousands of National Guard soldiers and hundreds of Marines, to perform basic law enforcement tasks, such as making traffic stops and conducting riot control.
Breyer said the Trump administration’s explanation that the military forces were protecting federal personnel and buildings was an insufficient explanation for the National Guard’s activities, which included accompanying ICE and the Drug Enforcement Administration on immigration raids at three marijuana farms outside Los Angeles and participating in «Operation Excalibur,» a Homeland Security mission in MacArthur Park.
The U.S. Court of Appeals for the Ninth Circuit temporarily paused both of Breyer’s orders, but the lawsuit is still proceeding through the courts, and may soon not be the only litigation on the matter.
Gerard Filitti, an attorney at the Lawfare Project, identified perceived pitfalls in Breyer’s order.
The judge «treated ordinary crowd control as if it were unlawful ‘law enforcement,’» Filitti said in a statement to Fox News Digital. «That’s simply not the law. The Guard wasn’t arresting people or running police investigations — they were stabilizing the situation so ICE could do its job.»
TRUMP SAYS HE COULD SEND THE NATIONAL GUARD TO MARYLAND TO ADDRESS CRIME
Trump (left) has suggested he will send the National Guard to Chicago to crack down on crime, provoking strong objections from Democratic Gov. JB Pritzker (right). (Getty Images)
«That distinction matters, and the judge ignored it,» Filitti added.
At issue in the California lawsuit are two laws under which presidents are permitted to federalize the National Guard, a hybrid military force that otherwise falls under the purview of governors. Trump cited a rebellion statute, but he could have used another law, known as the Insurrection Act, to deploy the troops. This was a key consideration for Breyer.
«If the President wants to avoid the [Posse Comitatus Act’s] restrictions, he must invoke a valid exception — like the Insurrection Act, along with its requisite showing that state and local law enforcement are unable or unwilling to act,» Breyer wrote in an order last week.
‘Dangerous precedent’
The president over the past week has threatened to send troops to Chicago, as well as New York City, Baltimore and other cities, where he says violent crime is rampant and presents an emergency that requires a military response.
Filitti said Breyer’s decision would «set a dangerous precedent» if it were upheld in higher courts.
«If left standing, it means any state can block federal law enforcement simply by refusing help and daring the courts to tie the President’s hands,» Filitti said. «That’s not how the Constitution works, and it’s not how you keep Americans safe. The decision should, and will, be overturned — and quickly.»
Trump’s use of the National Guard in California came as part of an effort to crackdown on immigration in a major border state, but the president has also signaled over the past week that he wants to use it to address street crime, as he has in Washington, D.C.
CHICAGO MAYOR CALLS TRUMP’S NATIONAL GUARD DEPLOYMENT PLAN ‘UNCOORDINATED, UNCALLED-FOR AND UNSOUND’
Armed National Guard members patrol near the U.S. Capitol as security tightens following President Trump’s deployment order. (Tasos Katopodis/Getty Images)
D.C. deployment
Trump deployed the National Guard and sent other federal authorities into Washington, D.C., to address crime there, with a focus on immigration enforcement and homelessness.
The nation’s capital has since seen a significant reduction in crime, including in carjackings, which are down more than 40% compared to this time last year, and in violent crime, which is down 27% from last year. Mayor Muriel Bowser, a Democrat, credited the Trump administration with helping to reduce crime and signed an order last week formalizing local law enforcement’s cooperation with certain federal agencies.
But Bowser’s attorney general was less receptive and sued, saying the National Guard response, including out-of-state National Guard members, was unwarranted.
D.C. is unique in that the president can use the D.C. National Guard to take over law enforcement operations there for 30 days as part of the Home Rule Act, meaning the D.C. attorney general’s lawsuit differs from lawsuits or potential lawsuits brought in other jurisdictions. The 30-day expiration is Wednesday.
‘Structural problems’ causing crime
Stoltman, who is based in Chicago, said leaders in Democratic states and cities, such as outspoken Gov. JB Pritzker of Illinois, would be wise to follow Bowser’s lead rather than resist federal assistance.
«Our governor and our mayor are diametrically opposed to Trump sending in the troops, and I think politically, they’re making a big mistake,» Stoltman said, noting that despite a small decline in crime over the last several years, Chicago has a high murder rate.
The president has only targeted blue states at this stage, despite some of the highest crime rates occurring in red states’ cities. Critics have pointed to this, as well as said Trump is avoiding addressing underlying factors driving crime, such as understaffing and local prosecutorial policies, such as cashless bail.
Zack Smith, a senior legal fellow at the conservative Heritage Foundation, told Fox News Digital he viewed the National Guard as an immediate response that would not necessarily address root causes of crime.
«What we’re talking about in many of these cities are structural problems. We’re talking about decades in some instances of neglect and decay to get to this point, so all of this won’t be fixed overnight,» Smith said.
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He said he felt that in D.C., the strategy has been successful in terms of sheer numbers, «because we know one of the most effective ways to combat violent crime is to have police officers on the street who are empowered to appropriately do their jobs, and they have prosecutors who are willing to prosecute people when they break the law,» Smith said.
But there «will absolutely need to be a larger conversation about the cities’ will to make adjustments in the long term,» Smith added.
donald trump,california,chicago,national guard,judiciary,supreme court
La advertencia del Golfo
El Gran Bazar, en Teherán, este jueves: el país intenta retomar el ritmo, luego de dos semanas de protestas violentas. Foto: REUTERS La represión más feroz en décadas
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RFK Jr: Dr Oz says Trump has ‘highest testosterone level’ he’s seen in a man older than 70
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President Donald Trump has the highest testosterone levels of any man older than the age of 70 that Dr. Mehmet Oz has ever seen, Health and Human Services Secretary Robert F. Kennedy Jr. recounted during a podcast interview providing a handful of updates on the president’s health.
«He’s got — he’s in incredible health,» Kennedy said on Katie Miller’s podcast Tuesday. «Dr. Oz looked at his medical records and said he’s got the highest testosterone level that he’s ever seen for an individual over 70 years old.»
«I know the president will be happy that I’ll repeat that,» Kennedy quipped.
Oz serves as administrator of the Centers for Medicare & Medicaid Services, an agency within the Department of Health and Human Services.
BROOKE ROLLINS, ROBERT KENNEDY JR: NEW DIETARY PLAN RECOMMENDS REAL FOOD FOR ALL AMERICANS
Kennedy joined Miller, who is the wife of White House deputy chief of staff Stephen Miller, as the media and Democrats continue fanning the flames of concern surrounding Trump’s health, citing bruises on Trump’s hands, swollen legs and allegations he has fallen asleep during public events. The White House has fiercely pushed back against the claims, citing Trump’s packed daily schedule and medical reports that have found the president in normal and «exceptional health.»
President Donald Trump repeatedly has denied claims there is cause for concern over his age and health, citing multiple health evaluations that do not show abnormalities. (Brendan Smialowski/AFP/Getty Images)
Kennedy has long cast himself as a public-health advocate, and he repeatedly has urged Americans to eat «real,» minimally processed foods, steering people away from ultra-processed packaged snacks and toward meals built around fruits, vegetables and other nutrient-dense staples.
Trump has a long and well-established history of enjoying fast-food, notably McDonald’s meals, and frequently downs Diet Coke — putting him at odds with his Cabinet official’s health calls.
Kennedy celebrated that despite Trump «pumping himself full of poison all day long,» he has the «constitution of a deity.»
«He eats really bad food, which is McDonald’s, and candy and Diet Coke. But he drinks the Diet Coke at all times,» Kennedy said. «I don’t know how he’s alive, but he is. … He says that the only time that he eats the junk food is when he’s on the road and he wants to eat food from big corporations.»
While Trump is known for fast food snacking and cracking open a Diet Coke, he has famously steered clear of alcohol throughout his life.
The White House backed Kennedy’s remarks when approached for additional comment on Trump’s health Thursday morning.
Health and Human Services Secretary Robert F. Kennedy Jr. speaks during a press briefing with, from left, Dr. Marty Makary, Food and Drug Administration (FDA) commissioner, Dr. Mehmet Oz, administrator of the Centers for Medicare & Medicaid Services and Agriculture Secretary Brooke Rollins, at the White House, Wednesday, Jan. 7, 2026, in Washington. (Evan Vucci/The Associated Press)
«Secretary Kennedy is right: as his golf championships and flawless physical report results indicate, President Trump has the constitution and energy levels most young people could only dream of having,» White House spokesman Kush Desai told Fox Digital.
Fox News Digital reached out to the Centers for Medicare & Medicaid Services for additional comment on Oz’s review of Trump’s health records Thursday morning.
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Democrats and liberal media outlets increasingly have questioned Trump’s fitness in recent months, citing his 79 years of age, bruising on his hands and reports of swollen ankles. White House press secretary Karoline Leavitt said in July that Trump’s swollen legs were part of a «benign and common condition» for individuals older than age 70, while the bruising on his hands was attributable to «frequent handshaking and the use of aspirin.»
Trump has received two medical check-ups since his inauguration nearly a year ago, received a CT scan — which originally was reported as the president receiving an MRI — as well as celebrating that he has «aced» a series of cognitive tests, including celebrating new results earlier in January.
President Donald Trump has the highest testosterone levels of any man older than the age of 70 that Dr. Mehmet Oz has ever seen, Health and Human Services Secretary Robert F. Kennedy Jr. recounted. (Mandl Ngan/AFP)
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«The White House Doctors have just reported that I am in ‘PERFECT HEALTH,’ and that I ‘ACED’ (Meaning, was correct on 100% of the questions asked!), for the third straight time, my Cognitive Examination, something which no other President, or previous Vice President, was willing to take,» Trump posted to Truth Social Jan 2.
The heightened focus on President Donald Trump’s health follows the media overwhelmingly downplaying concern over former President Joe Biden’s mental acuity until his final year in office. (Evan Vucci/The Associated Press)
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The heightened focus on Trump’s health follows the media overwhelmingly downplaying concern over former President Joe Biden’s mental acuity until his final year in office.
Biden ultimately dropped out of his 2024 re-election effort to hold control of the Executive Branch in July of that year, amid pressure from longtime Democrat allies and media pundits that he bow out of the race and pass the proverbial torch to a younger generation.
donald trump,health,robert f kennedy jr
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Troops from Europe deploy to Greenland in rapid 2-day mission as Trump eyes US takeover
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Troops from several European countries deployed to Greenland and are on the ground there Thursday for a quick two-day mission to bolster the territory’s defenses.
France, Germany, Sweden and Norway are participating in the exercise, Fox News has learned. Leaders say the mission is meant to demonstrate they can deploy military assets «quickly.»
The development comes as the Trump administration is pushing to acquire the Danish territory. Germany deployed a reconnaissance team of 13 personnel, France sent 15 mountain specialists and Sweden, Norway and Britain sent three, two and one officers, respectively, according to Reuters.
«The geopolitical tensions have spread to the Arctic. The Government of Greenland, and the Danish Ministry of Defense have therefore decided to continue the Danish Armed Forces’ increased exercise activity in Greenland, in close cooperation with NATO allies,» the Danish Ministry of Defense said in a statement Wednesday.
«From today, there will be an expanded military presence in and around Greenland — in close cooperation with NATO allies. The purpose is to train the ability to operate under the unique Arctic conditions and to strengthen the alliance’s footprint in the Arctic, benefiting both European and transatlantic security,» it added.
DENMARK IN TRUMP’S CROSSHAIRS AS US MAKES AMBITIOUS APPEAL TO GREENLAND
An Airbus A400M transport aircraft of the German Air Force taxis over the grounds at Wunstorf Air Base in the Hanover region, Germany, on Thursday, Jan. 15, 2026, as troops from NATO countries, including France and Germany, are arriving in Greenland to boost security. (Moritz Frankenberg/dpa via AP)
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«As part of the increased presence in the Arctic and North Atlantic, the Danish Armed Forces are, from today, deploying capabilities and units related to the exercise activities. In the period ahead, this will result in an increased military presence in and around Greenland, comprising aircraft, vessels and soldiers, including from NATO allies,» the Danish Ministry of Defense also said.
It said the exercise activities in 2026 «could include guarding critical infrastructure, providing assistance to local authorities in Greenland, including the police, receiving allied troops, deploying fighter aircraft in and around Greenland, and conducting naval operations.»
People walk in downtown of Nuuk, Greenland, on Tuesday, Jan. 13, 2026. On the right is President Donald Trump. (Evgeniy Maloletka/Evan Vucci/AP)
«Some officers from the Swedish Armed Forces are arriving in Greenland today,» Swedish Prime Minister Ulf Kristersson wrote on X on Wednesday. «They are part of a group from several allied countries. Together they will prepare upcoming steps within the framework of the Danish exercise Operation Arctic Endurance. It is at the request of Denmark that Sweden is sending personnel from the Armed Forces.»
Danish Prime Minister Mette Frederiksen told Reuters on Thursday that, «The American ambition to take over Greenland is intact.»
«That is of course serious, and therefore we continue our efforts to prevent this scenario becoming a reality,» he added.
A fisherman carries a bucket onto his boat in the harbor of Nuuk, Greenland, on Tuesday, Jan. 13, 2026. (Evgeniy Maloletka/AP)
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Danish Foreign Minister Lars Lokke Rasmussen and Greenlandic Foreign Minister Vivian Motzfeldt met with Secretary of State Marco Rubio and Vice President JD Vance at the White House on Wednesday.
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