California
Judge asks if troops in Los Angeles are violating Posse Comitatus Act
SAN FRANCISCO (AP) — California’s challenge of the Trump administration’s military deployment in Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing after an appeals court handed President Donald Trump a key procedural win.
U.S. District Judge Charles Breyer put off issuing any additional rulings and instead asked for briefings from both sides on whether the Posse Comitatus Act, which prohibits troops from conducting civilian law enforcement on U.S. soil, is being violated in Los Angeles.
Newsom said in his complaint that “violation of the Posse Comitatus Act is imminent, if not already underway” but Breyer last week postponed considering that allegation.
The hearing comes a day after the 9th Circuit appellate panel allowed the president to keep control of National Guard troops he deployed in response to protests over immigration raids.
The appellate decision halted a temporary restraining order from Breyer, who found Trump acted illegally when he activated the soldiers over opposition from California Gov. Gavin Newsom.
Despite the appellate setback, California’s attorneys are expected to ask Breyer on Friday for a preliminary injunction returning control of the troops in Los Angeles, where protests have calmed down in recent days, to Newsom.
Trump, a Republican, argued that the troops have been necessary to restore order. Newsom, a Democrat, said their presence on the streets of a U.S. city inflamed tensions, usurped local authority and wasted resources.
The demonstrations have appeared to be winding down, although dozens of protesters showed up Thursday at Dodger Stadium, where a group of federal agents in SUVs and cargo vans had gathered with their faces covered a parking lot. The Los Angeles Dodgers organization asked them to leave, and they did.
On Tuesday, Los Angeles Mayor Karen Bass lifted a curfew in downtown Los Angeles that was first imposed in response to vandalism and clashes with police after crowds gathered in opposition to agents taking migrants into detention.
Breyer found that Trump had overstepped his legal authority, which he said allows presidents to control state National Guard troops only during times of “rebellion or danger of a rebellion.”
“The protests in Los Angeles fall far short of ‘rebellion,’” wrote Breyer, a Watergate prosecutor who was appointed by President Bill Clinton and is the brother of retired Supreme Court Justice Stephen Breyer.
The Trump administration argued that courts can’t second-guess the president’s decisions. The appellate panel ruled otherwise, saying presidents don’t have unfettered power to seize control of a state’s guard, but said that by citing violent acts by protesters in this case, the Trump administration had presented enough evidence to show it had a defensible rationale for federalizing the troops.
For now, the California National Guard will stay in federal hands as the lawsuit proceeds. It’s the first deployment by a president of a state National Guard without the governor’s permission since troops were sent to protect Civil Rights Movement marchers in 1965.
Trump celebrated the appellate ruling in a social media post, calling it a “BIG WIN” and hinting at more potential deployments. “All over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done,” Trump wrote.
Newsom, for his part, has also warned that California won’t be the last state to see troops in the streets if Trump gets his way. “The President is not a king and is not above the law. We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens,” Newsom said.
Meanwhile, Vice President JD Vance was traveling to Los Angeles on Friday to meet with U.S. Marines who also have been deployed to protect federal buildings, his office announced.
California
Amid angry backlash, serial child molester is rearrested the same day he was set to be paroled
Following major backlash about the scheduled release of a serial child molester through California’s elderly parole program, the 64-year-old is now facing new charges that could keep him behind bars.
News that David Allen Funston was set to be freed was met by outrage among victims, politicians and others. The former Sacramento County district attorney who prosecuted Funston said she was strongly opposed to his release: “This is one I’m screaming about.”
Funston, granted parole earlier this month, was set to be released on Thursday from state prison — but was rearrested that same day on new charges from a decades-old, untried case. The charges he’s facing are from a 1996 case in which he is accused of sexually assaulting a child in Roseville, according to the Placer County district attorney’s office.
In 1999, he was convicted of 16 counts of kidnapping and child molestation and had been serving three consecutive sentences of 25 years to life and one sentence of 20 years and eight months at the California Institution for Men in Chino. The sentences followed a string of cases out of Sacramento County in which prosecutors said Funston lured children under the age of 7 with candy and, in at least one case, a Barbie doll to kidnap and sexually assault them, often under the threat of violence.
He was described by a judge at his sentencing hearing as “the monster parents fear the most.”
Prosecutors in Placer County, at the time, decided not to pursue the case against Funston in Roseville given the severity of the sentences he received in Sacramento County.
But given his scheduled release from state prison, prosecutors decided to file new charges against him. Placer County Dist. Atty. Morgan Gire said “changes in state law and recent parole board failures” led to his improper release.
“This individual was previously sentenced to multiple life terms for extremely heinous crimes,” Gire said in a statement. “When changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly. David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable for those crimes.”
He is now being held without bail in the Placer County jail, booked on suspicion of lewd and lascivious acts against a child, according to prosecutors. Funston’s attorney, Maya Emig, said she had only recently learned about his arrest and hadn’t yet had time to fully review the matter.
But she noted that she believes “in the justice system and the rule of law.”
Emig called the Board of Parole Hearings’ decision to grant Funston elderly parole “lawful and just.”
California’s elderly parole program generally considers the release of prisoners who are older than 50 and have been incarcerated for at least 20 continuous years, considering whether someone poses an unreasonable risk to public safety.
In Funston’s case, commissioners said they did not believe Funston posed a significant danger because of the extensive self-help, therapy work and sex offender treatment classes he completed, as well as his detailed plan to avoid repeating his crimes, the remorse he expressed and his track record of good behavior in prison, according to a transcript from the Sept. 24 hearing.
At the hearing, Funston called himself a “selfish coward” for victimizing young children, and said he was “disgusted and ashamed of my behavior and have great remorse for the harm I caused my victims, their families in the community of Sacramento.”
“I’m truly sorry,” he said.
But victims of his crimes, as well as prosecutors and elected leaders have questioned the parole decision and called for its reversal.
“He’s one sick individual,” a victim of Funston’s violence told The Times. “What if he gets out and and tries to find his old victims and wants to kill us?”
A spokesperson for Gov. Gavin Newsom said the governor also did not agree with Funston’s release and had asked the board to review the case. However, Newsom has no authority to overturn the parole decision.
Some state lawmakers also cited Funston’s case as evidence that California’s elderly parole program needs reform, recently introducing a bill that would exclude people convicted of sexual crimes from being considered by the process.
California
Video shows skier dangling from chairlift at California ski resort
Thursday, February 26, 2026 7:21PM
BIG BEAR, Calif. — Stunning video shows a skier in Southern California hanging off a ski lift in Big Bear as two others held her by her arms.
The incident happened Tuesday. Additional details about the incident were not available.
At last check, the video had been viewed more than 13 million times on Instagram.
It appears the skier made it to the unloading area unscathed, thanks to her ski lift buddies.
Copyright © 2026 KABC Television, LLC. All rights reserved.
California
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