Trump can maintain control of California National Guard, Appeals court rules

Spread the love

A US federal appeals court has ruled in favour of President Donald Trump, allowing him to retain control over thousands of California National Guard troops he federalised earlier this month amid widespread unrest in Los Angeles.

In a 9th U.S. Circuit Court of Appeals decision released Thursday, the court granted Trump’s request to pause a lower court ruling that had ordered him to relinquish command of roughly 4,000 guardsmen deployed to support federal immigration enforcement efforts. The three-judge panel—which included two Trump appointees and one Biden appointee—said it was “likely that the President lawfully exercised his statutory authority.”

The case stems from the president’s use of 10 U.S. Code § 12406, which permits a president to federalize state militias when the states are “unable, with the regular forces, to execute the laws of the United States.” Trump cited unrest and attacks on federal property as justification for invoking the law.

California Governor Gavin Newsom had argued that Trump’s actions violated multiple provisions of the statute, including one requiring the president to issue the order “through the governor.” Instead, Trump’s June 7 directive was delivered by Defense Secretary Pete Hegseth to the state’s top general, bypassing Newsom.

However, the appeals court rejected that argument, saying the general acted as the governor’s agent and that the requirement was “likely met.”

The decision follows a ruling last week by U.S. District Judge Charles Breyer, who had sided with California, saying Trump had overstepped legal limits. That decision has now been paused pending further legal proceedings, although California can still seek emergency relief from the U.S. Supreme Court.

Despite the appeals court siding with Trump, the judges did not fully endorse all of the arguments made by the Department of Justice. Notably, they declined the government’s suggestion that the courts lacked authority to review the president’s decision altogether. Instead, the panel said their review would be “highly deferential” but not nonexistent.

“Defendants have presented facts to allow us to conclude that the President had a colorable basis for invoking” the law, the court wrote, adding that protest activities “significantly impeded the ability of federal officers to execute the laws.”

The case follows several days of unrest in Los Angeles in early June, sparked by federal immigration raids that triggered protests and violent clashes. The city subsequently imposed a curfew to curb vandalism and looting.

Shortly after Thursday’s ruling, Trump celebrated the decision on his Truth Social platform, calling it a “BIG WIN” and declaring, “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.”

Further legal proceedings are expected, with Judge Breyer scheduling a hearing on Friday to examine how the National Guard troops are being utilised in Los Angeles under federal command.

Source: LIB