LOS ANGELES – President Donald Trump will be able to keep the National Guard in Los Angeles, according to a ruling from an appeals court.
Court sides with Trump
What we know:
Thursday’s ruling comes as a previous appeals court hearing decided to block a federal judge’s ruling that initially ordered Trump to give control of the troops to California. The ruling favoring the Trump administration’s wishes to keep the National Guard in Southern California turned the tables on Governor Gavin Newsom, who wanted the troops out of the area.
In its decision, the court concluded that “it is likely that the President lawfully exercised his statutory authority” in federalizing control of the guard.
It also found that even if the federal government failed to notify the governor of California before federalizing the National Guard as required by law, Newsom had no power to veto the president’s order. The court case could have wider implications on the president’s power to deploy soldiers within the United States after Trump directed immigration officials to prioritize deportations from other Democratic-run cities.
This deployment was the first by a president to mobilize the National Guard without the governor’s permission since 1965.
Earlier in the week, the Department of Defense announced it would send 2,000 additional National Guard troops to Southern California as the area remains a target for ICE raids, which have drawn protests and demonstrations from immigration advocates.
PREVIOUS COVERAGE: Additional National Guard troops being deployed to LA, Dept. of Defense says
The other side:
Earlier in the month, the Trump administration directed the National Guard to head to Los Angeles in the wake of anti-ICE protests.
The move went against the wishes of local elected officials, including Los Angeles Mayor Karen Bass and Newsom.
“Donald Trump, without consulting California law enforcement leaders, commandeered 2,000 of our state’s National Guard members to deploy on our streets illegally and for no reason,” Newsom said on June 10.
PREVIOUS COVERAGE: Newsom claims Trump ‘chose theatrics over safety’ in deploying National Guard to LA
Trump argued that the troops were necessary to restore order, while Newsom and Bass said the move inflamed tensions, usurped local authority and wasted resources.
What led to the ruling
The backstory:
The case started when Newsom sued to block Trump’s command, and he won an early victory from U.S. District Judge Charles Breyer in San Francisco.
Breyer found that Trump had overstepped his legal authority, which only allows presidents can take control during times of “rebellion or danger of a rebellion.”
“The protests in Los Angeles fall far short of ‘rebellion,’” wrote Breyer, who was appointed by former President Bill Clinton and is brother to retired Supreme Court Justice Stephen Breyer.
The Trump administration, though, argued that courts can’t second guess the president’s decisions and quickly secured a temporary halt from the appeals court.
The ruling means control of the California National Guard will stay in federal hands as the lawsuit continues to unfold.
What they’re saying:
Newsom responded to the court’s ruling on social media on Thursday night. In his post, he said “the fight doesn’t end here,” and that his office “will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”
Big picture view:
The recent raids come in the wake of Trump’s nationwide push for mass deportations.
Over the weekend, Trump declared he will use “every resource possible” on ICE raids targeting Los Angeles, Chicago, New York City and other Democratic cities.
The Source: Information for this story came from the Associated Press and previous FOX 11 reports.
