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During a
65-minute
hearing
before
the U.S.
Court of
Appeals
for the
Ninth
Circuit,
a
three-judge
panel
expressed
doubt
about
judicial
intervention
in
Trump's
determination
that
deploying
state
militia
forces
was
necessary
to
protect
federal
agents
and
facilities
from
protesters. |
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Appeals
Court
Allows
Trump to
Retain
Control
of
California
National
Guard
Amid
Legal
Battle
Tanya
Sommerfield
-
Immigration/Law
Tell Us
USA News
Network
SAN
FRANCISCO
- A
federal
appeals
court
ruled
Thursday
that
former
President
Donald
Trump
can
continue
to
control
California’s
National
Guard,
at least
for now,
as
Governor
Gavin
Newsom’s
lawsuit
challenging
the
deployment
proceeds.
The
decision
by a
three-judge
panel of
the 9th
U.S.
Circuit
Court of
Appeals
temporarily
blocks a
lower
court
order
that had
found
Trump’s
mobilization
of more
than
4,000
Guard
members
to Los
Angeles
unlawful.
The
deployment,
which
came in
response
to
protests
over
immigration
raids,
marked
the
first
time in
six
decades
that a
president
federalized
a
state’s
National
Guard
over the
governor’s
objections.
The
appeals
court
concluded
that
Trump
likely
acted
within
his
statutory
powers
to
federalize
the
Guard,
citing
evidence
that
protests
in Los
Angeles
had
escalated
to
violence,
including
attacks
on
federal
officers
and
property
damage.
The
panel
noted
that
while
the
president’s
authority
is
broad,
it is
not
“unreviewable,”
and
rejected
the
Trump
administration’s
claim
that
courts
have no
role in
reviewing
such
decisions.
“We
disagree
with
Defendants’
primary
argument
that the
President’s
decision
to
federalize
members
of the
California
National
Guard
... is
completely
insulated
from
judicial
review,”
wrote
Judge
Mark J.
Bennett
for the
panel.
The
court
acknowledged
that the
Trump
administration
had
presented
a
“defensible
rationale”
for the
deployment,
but
emphasized
that the
president
is not
above
the law
and must
still
answer
to the
courts.
Governor
Newsom
expressed
disappointment
with the
ruling
but
welcomed
the
court’s
rejection
of
Trump’s
sweeping
claims
of
unchecked
presidential
power.
He vowed
to
continue
the
legal
fight,
stating,
“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.”
Trump
celebrated
the
decision,
calling
it a
“BIG
WIN” and
asserting
that
federal
intervention
is
necessary
when
local
authorities
cannot
maintain
order.
The
legal
battle
is far
from
over.
The
court’s
decision
leaves
open the
possibility
for
Newsom
to
challenge
the use
of the
National
Guard
and U.S.
Marines
under
other
laws,
including
those
barring
military
involvement
in
domestic
law
enforcement.
Further
hearings
are
expected,
and the
case
could
ultimately
reach
the
Supreme
Court.
The
outcome
could
have
significant
implications
for the
balance
of power
between
state
and
federal
governments
and the
president’s
authority
to
deploy
military
forces
within
U.S.
borders.
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