In response to the Los Angeles protests, a federal appeals court on Thursday night reportedly permitted President Trump to retain control of the California National Guard, thereby preventing a lower court from ordering him to return the forces to the state’s control.
The Ninth U.S. Circuit Court of Appeals’ three-judge panel determined that Trump’s decision to federalize the Guard was entitled to a high degree of deference.
The panel concluded that it is probable that the President lawfully exercised his statutory authority in accordance with that standard.
Trump signed an order federalizing approximately 4,000 members of the Guard earlier this month, following the emergence of protests in Los Angeles against immigration raids.
Gov. Gavin Newsom, a Democrat, filed a lawsuit, contending that the circumstances were not equivalent to invasion, rebellion, or a collapse in civil order, which are the prerequisites for the president to deploy those forces under federal law.
The impact of a decision that was rendered in favor of California last week was halted by the ruling on Thursday.
In that previous ruling, U.S. District Judge Charles Breyer, who was appointed by President Bill Clinton to serve in San Francisco, determined that the circumstances in Los Angeles did not warrant federalizing the Guard and that Trump had disregarded a provision that mandated mobilization orders be sent “through the governor.”
He directed the personnel to be returned to Newsom’s control.
Trump celebrated a “BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard” in a Truth Social post.
The Justice Department had contended that Breyer’s decision effectively granted state governors the ability to veto the president’s military decisions.
California officials stated that the military presence in Los Angeles had exacerbated tensions and that they would persist in their efforts to regain control of state Guard units.
It is challenging to predict what will transpire at this moment. Breyer had previously scheduled a hearing for Friday to discuss the subsequent phases of the case.
California has the option of requesting review from the Supreme Court or a more extensive Ninth Circuit panel; however, the likelihood of success on appeal is dubious.
The appeals panel, which consisted of Jennifer Sung, appointed by President Joe Biden, and two Trump appointees, Mark Bennett and Eric Miller, concluded that Trump appeared to legitimately rely on a federal law that permits him to enlist Guard members in service when he is “unable to execute the laws of the United States with the regular forces.”
The panel referenced evidence presented by the Trump administration that demonstrated that protesters disrupted the government’s enforcement efforts.
This included throwing objects at Immigration and Customs Enforcement vehicles that were in the process of completing a law-enforcement operation and pinning down officers who were defending federal property.
[READ MORE: Trump Slams Fox News in New Truth Social Post]
