A federal appeals court has ruled that President Donald Trump can retain control of the California National Guard, following a legal challenge from Gov. Gavin Newsom over the federalization of the troops.
In a June 19 decision, a three-judge panel on the Ninth Circuit Court of Appeals ruled that Trump had exercised lawful authority in taking control of the guard in response to riots and protests in Los Angeles. The administration was granted a stay on a lower court ruling that returned control of the California National Guard to Newsom.
On social media, Trump said reversal of that decision was a “BIG WIN.”
“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,” Trump wrote in a Truth Social post.
Newsom issued a statement that expressed disappointment that the court is allowed Trump to retain control of the Guard.
He welcomed one aspect of the decision.
“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said. ”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.”
The court stated, “We conclude that it is likely that the President lawfully exercised his statutory authority under [10 U.S. Code] § 12406(3), which authorizes federalization of the National Guard when ’the President is unable with the regular forces to execute the laws of the United States.’”
On June 7, Trump announced he had deployed 2,000 National Guard troops to Los Angeles to quell riots in a portion of the city’s downtown in response to arrests made in the city by Immigration and Customs Enforcement (ICE).
Under 10 U.S. Code § 12406, the president is permitted to order guardsmen into service—with or without the support of a state governor—in the event of “a rebellion or danger of a rebellion against the authority of the government of the United States,” alongside additional circumstances such as invasion.
The law gives the president broad authority to determine when such action is necessary, a threshold that the court ruled had been met by the nature of the Los Angeles riots.
“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van’s windows,” the court stated.
“The federal government’s interest in preventing incidents like these is significant.”
On June 9, Newsom first announced that the state would sue the administration over the troops’ deployment. At the time, Newsom said Trump’s move was “a serious breach of state sovereignty—inflaming tensions while pulling resources from where they’re actually needed.”
Since then, Trump has deployed an additional 2,000 guardsmen, with most currently stationed in the city.
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