A U.S. appeal court approved Donald Trump to retain control of California’s National Guard while the state’s Democratic governor proceeds with a lawsuit challenging the Republican president’s use of the troops to quell protests in Los Angeles.
Trump’s decision to send troops into Los Angeles prompted a national debate about the use of the military on U.S. soil and inflamed political tension in the country’s second most-populous city.
On Thursday, a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals extended its pause on U.S. District Judge Charles Breyer’s June 12 ruling that Trump had unlawfully called the National Guard into federal service.
Trump probably acted within his authority, the panel said, adding that his administration probably complied with the requirement to coordinate with Governor Gavin Newsom, and even if it did not, he had no authority to veto Trump’s directive.
“And although we hold that the president likely has authority to federalize the National Guard, nothing in our decision addresses the nature of the activities in which the federalized National Guard may engage,” it wrote in its opinion.
Newsom could still challenge the use of the National Guard and U.S. Marines under other laws, including the bar on using troops in domestic law enforcement, it added.
The governor could raise those issues at a court hearing on Friday in front of Breyer, it said.
In a post on X after the decision, Newsom vowed to pursue his challenge.
“The president is not a king and is not above the law,” he said. “We will press forward with our challenge to President Trump’s authoritarian use of U.s. military soldiers against our citizens.”
Trump hailed the decision in a post on Truth Social.
“This is a great decision for our country and we will continue to protect and defend law-abiding Americans,” he said.
“This is much bigger than Gavin, because 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.”
Breyer’s ruling was issued in a lawsuit against Trump’s action brought by Newsom.
Breyer ruled that Trump violated a U.S. law governing a president’s ability to take control of a state’s National Guard by failing to coordinate with the governor.
It also found that the conditions set out under the statute to allow this move, such as a rebellion against federal authority, did not exist.
Breyer ordered Trump to return control of California’s National Guard to Newsom. Hours after Breyer acted, the 9th Circuit panel had put the judge’s move on hold temporarily. Amid protests and turmoil in Los Angeles over Trump’s immigration raids, the president on June 7 took control of California’s National Guard and deployed 4,000 troops against Newsom’s wishes.
Trump also ordered 700 U.S. Marines to the city after sending in the National Guard. Breyer has not yet ruled on the legality of the Marine Corps mobilization.
Source: Reuters/Ejiofor Ezeifeoma