Trump can leave National Guard in Los Angeles through legal challenges, Court of Appeal Rules
The U.S. Court of Appeals allowed Donald Trump to retain control on Thursday in the California National Guard, while the state's Democratic governor filed a lawsuit challenging the Republican president's use of troops to quell protests in Los Angeles.
Trump's decision to send troops to Los Angeles sparked debates over the use of military forces on U.S. land and political tensions in the country's second largest city.
A three-judge panel of the San Francisco-based 9th Circuit Court of Appeals extended a June 12 ruling on U.S. District Court Judge Charles Breyer that ruled Trump had illegally summoned the National Guard to the federal government. The 9th Tour group was appointed by two judges appointed by Trump's term and former Democratic President Joe Biden.
The panel said Trump could take action within his authority, adding that his administration may meet the requirements of coordination with Gov. Gavin Newsom, and that if not, he has no authority to veto Trump's instructions.
It argues: “While we believe the President may have the authority to the Federal National Guard, there is no nature of any activity in our decision involving the possible participation of the Federal National Guard.”
Trump praised the decision as a victory in an article on the Truth Society and said: “If our cities and our people need protection, then we are the people who provide them with them and if for any reason, no matter what the reason, we cannot get the job done.”
Description: U.S. President Donald Trump deployed the National Guard to respond to immigration protests in California when the law was rarely used when the government believed the rebellion was in progress. Andrew Chang broke how Trump used these protests as an emergency and everything from trade deficits to fentanyl, part of the administration of executive orders with uncontrolled power.
Newsom said California continues to have legal challenges.
It added that Newsom can still challenge the use of the National Guard and the U.S. Marines under other laws, including bans on the use of troops in domestic law enforcement.
Newsom on X said: “The president is not a king, nor is it a law. We will challenge President Trump's authoritarian use of U.S. soldiers against our citizens.”
Amid protests and turmoil in Los Angeles against Trump’s immigration attacks, the president took control of California’s National Guard on June 7 and deployed 4,000 soldiers against Newsom’s will.
The protests in Los Angeles lasted for more than a week before it erupted, with Mayor Karen Bass, who led her curfew earlier this week.
Day 69:17Long-term Los Angeles residents say crackdown on Latino immigrants ruined the city they helped build
This week, the Trump administration called on the National Guard and the U.S. Marines to respond to protests against immigrant attacks and detentions targeting the Latino community in Los Angeles. Alvaro Huerta is an associate professor at Pomona California Tech and said the crackdown on Latino immigrants has damaged the city they helped build.
Court of Appeal cited property damage
During a court hearing Tuesday, members of the 9th Circuit panel asked California lawyers and the Trump administration about whether to extend the Breyer verdict, if any, the court’s role in reviewing Trump’s power to deploy troops.
The law sets out three conditions through which the President can use the federal government’s National Guard forces, including an invasion of the government, a “danger of rebellion or rebellion” or a situation where the U.S. government is unable to enforce the country’s laws with normal forces.
The appeals court said the final conditions may have been met, as protesters threw items on immigration authorities’ vehicles, used garbage dumpsters as beating rams, threw Molotov cocktails and destructive property, making the enforcement situation frustrating.
The Justice Department said that once the president determines that an emergency exists, the National Guard can be used and no court or governor can review the decision. The Court of Appeal rejected this argument.
In a June 9 lawsuit, California said Trump's deployment in the National Guard and the Marine Corps violated the state's sovereignty and U.S. law and prohibited federal forces from participating in civilian law enforcement.
The Trump administration denied that forces are enforcing law departments, saying they are protecting federal buildings and personnel, including U.S. immigration and customs law enforcement officers.
Trump also ordered 700 U.S. Marines to send the National Guard. Breyer has not ruled on the legitimacy of Marine Corps mobilization.
