U.S. appeals court allows Trump to retain control of California National Guard in Los Angeles during governor's lawsuit

U.S. appeals court allows Trump to retain control of California National Guard in Los Angeles during governor's lawsuit

A federal appeals court in San Francisco has temporarily allowed President Trump to retain control of California's National Guard in Los Angeles, despite a lower court's ruling that the deployment was illegal. The decision comes as part of a legal battle over the federalization of the National Guard in response to protests against immigration raids in the city.

The 9th U.S. Circuit Court of Appeals, in a 3-0 decision, granted a temporary administrative stay on a district court order that had required Trump to return control of the National Guard to Governor Gavin Newsom. The stay was issued while the court considers the Justice Department's request for emergency relief.

The appeals court's decision allows Trump to keep the National Guard in Los Angeles, where they have been deployed to protect federal immigration authorities during enforcement operations. The deployment has been the subject of a legal dispute between Trump's administration and Newsom, who has objected to the federalization of the National Guard in Los Angeles.

The legal battle centers on whether Trump exceeded his authority when he invoked Title 10 of the U.S. Code to call forth the California National Guard. Title 10 outlines three circumstances under which the National Guard can be called into federal service: invasion or danger of invasion by a foreign nation, rebellion or danger of rebellion, or when the president is unable with the regular forces to execute the laws.

Trump's administration has argued that the protests in Los Angeles constituted a "danger" of rebellion, justifying the deployment of the National Guard. However, a U.S. District Judge, Charles Breyer, ruled last week that Trump's actions were illegal and blocked the administration from deploying the troops in the city. Breyer rejected the president's claim that the demonstrations were a "rebellion," stating that the protests fell far short of the criteria outlined in Title 10.

The appeals court's decision to temporarily allow Trump to retain control of the National Guard in Los Angeles is likely to have significant implications for the ongoing legal battle and the broader debate over the federal government's authority to deploy the National Guard in response to civil unrest.

References:
[1] https://www.cbsnews.com/news/trump-national-guard-los-angeles-deployment-appeals-court/
[2] https://usa.inquirer.net/173618/trump-can-deploy-national-guard-to-la-for-now-appeals-court-rules?utm_source=usa_gallery_feat_story