The appellate court reversed a lower court decision limiting the president’s use of the military in Los Angeles.
A federal appeals court on Thursday temporarily lifted restrictions placed on President Donald Trump’s use of the National Guard in Los Angeles, reversing a lower court order.
In a brief order totaling less than 100 words and consisting of a single paragraph, the 9th U.S. Circuit Court of Appeals granted a request from the administration to block a Sept. 2 decision by San Francisco-based U.S. District Judge Charles Breyer.
In a court order on Tuesday, Breyer accused the administration of violating the Posse Comitatus Act, a law that restricts the president’s authority to use the military for domestic law enforcement purposes.
The order barred the federal government from using the California National Guard or any military troops deployed in the state to engage in arrests, apprehensions, crowd control, and other activities. Meanwhile, Breyer permitted federal troops to remain stationed in and around federal property.
Enforcement of the ruling was delayed until Sept. 12, in order to allow the administration time to appeal.
In the Sept. 4 order, three judges on the 9th Circuit Court of Appeals said that the ruling “is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits” of the appeal.
The administration initially sent thousands of National Guard troops and Marines to Los Angeles in June as protests and riots broke out against Immigration and Customs Enforcement operations in the city. Most troops have been sent home by this point, though 300 remain in the city.
Following Breyer’s Sept. 2 ruling, California Gov. Gavin Newsom declared victory in a post on X, writing, “militarization of our streets and use of the military against US citizens is ILLEGAL.”
In response, acting U.S. Attorney Bill Essayli said on social media, “The military has never engaged in direct law enforcement operations here in LA.”
The White House was critical of the lower court decision.
In a statement provided to The Epoch Times, White House spokesperson Anna Kelly accused the judge of “trying to usurp the authority of the Commander-in-Chief to protect American cities from violence and destruction.” She said that Trump “saved Los Angeles” from “mass chaos.”
Newsom has opposed the use of Marines and members of the California National Guard in the city.
Trump activated the California Guardsmen without Newsom’s consent, the first time in 60 years that a president has called a state’s National Guard into service without the state governor’s agreement.
Such a situation was last seen in 1965, when President Lyndon B. Johnson ordered the Alabama National Guard into service to protect Civil Rights protesters.
Sam Dorman contributed to this report.
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