An appeals court has temporarily blocked a federal judge’s order that directed the Trump administration to return control of California’s National Guard troops back to the state.
He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Despite Newsom’s objections, Trump ordered a total of 4,000 National Guard troops and 700 Marines to help quell the unrest.
The appeals court decision on late Thursday allows the National Guard troops to remain in Los Angeles as the case makes it way through the courts.
The Trump administration used a law that allows the president to call the National Guard into federal service when a “rebellion” is happening.
The Trump administration was ordered to return control of California’s National Guard troops to the state by a federal judge, but the court of appeals temporarily blocked the order.
Hours before the appeals court’s ruling, a federal judge declared that Trump’s use of troops in Los Angeles to stop immigration raids was unlawful.
Trump claimed that he was sending the troops, who normally fall under the governor’s jurisdiction, to prevent protests against his immigration crackdown in Los Angeles from “burning down.”.
However, the action was deemed an unnecessary provocation by California Governor Gavin Newsom and other local officials. The appeals court announced that a hearing would take place on Tuesday.
The question raised by California’s request, according to Judge Charles Breyer at a previous federal court hearing, was whether Trump complied with the law established by Congress regarding the deployment of a state’s National Guard.
In his ruling, the judge stated, “He did not,”. “His behavior was unlawful. Therefore, he must immediately give the Governor of the State of California back command of the California National Guard. “..”.
But in order to give the Trump administration time to file an appeal, the judge postponed the order until Friday afternoon. Almost immediately following the issuance of the order, the administration took action.
The military belongs on the battlefield, not on our city streets, as Newsom stated on social media Thursday afternoon.
In order to restore order and protect Immigration and Customs Enforcement (ICE) officers who were apprehending individuals in Los Angeles who were suspected of being in the country illegally, the Trump administration claimed to have taken control of California’s National Guard.
To help put an end to the disturbances, Trump ordered 700 Marines and 4,000 National Guard soldiers, despite Newsom’s protests. Currently, some Guard troops have the authority to hold individuals until the police can make an arrest.
The last time a president used the National Guard without a governor’s approval was during the civil rights era, more than 50 years ago. It is more typical for a governor to call in troops to handle emergencies and natural disasters before requesting federal support.
A lawyer for the justice department told Judge Breyer in front of a crowded courtroom Thursday that Trump’s order did not require consultation with Newsom.
Attorney Brett Shumate stated that “Governor Newsom was fully aware of this order…he objected to it.”. The United States military has a single commander-in-chief. “.
The answer was “No,” said Judge Breyer, the younger brother of former Justice Stephen Breyer of the Supreme Court.
“The president isn’t the commander-in-chief of the National Guard,” he stated, but he did add that the president could take command of the troops in certain circumstances.
Throughout the hearing, Breyer—who had worn a light blue bowtie—invoked the Constitution several times, once displaying a booklet copy of it.
“We are discussing the president’s use of his power. “The president’s power is obviously limited,” he added. “King George and a constitutional government differ in that regard. “.”.
Prior to the judge’s decision, Secretary of Defense Pete Hegseth repeatedly declined to state whether he would follow Judge Breyer’s directive.
Speaking at a hearing of the House Armed Services Committee on Thursday, Hegseth stated, “What I can say is we should not have local judges determining foreign policy or national security policy for the country.”.
“I would follow a Supreme Court decision,” Hegseth declared.
Late Thursday, the appeals court ruled that the National Guard troops could stay in Los Angeles while the case proceeded through the legal system.
The law that the president can use to summon the National Guard into federal service when a “rebellion” is occurring was used by the Trump administration.
However, California claimed in its lawsuit that the protests that have been going on in Los Angeles for almost a week, which have resulted in over 300 arrests and the closure of a major freeway, did not reach that level.
“There hasn’t been an uprising or rebellion during the last three days. According to the lawsuit, “these protests have also not escalated to the degree of riots or protests that have occurred in Los Angeles and other major cities at various times in the past.”.
Ana Faguy reported more from Washington, DC.
