Appeals Court Allows Trump to Keep National Guard in LA

An appeals court panel on Thursday allowed the Trump administration to keep thousands of National Guard troops deployed in Los Angeles to quell anti-ICE riots.

The US Court of Appeals for the 9th Circuit issued the administrative stay just hours after a federal judge ruled that President Trump must “return control” of the Guardsmen to the state of California.

The Trump administration’s emergency appeal to the 9th Circuit was filed almost immediately after senior San Francisco US District Judge Charles Breyer allowed Democratic California Gov. Gavin Newsom to retake control of the roughly 4,000 National Guard members dispatched to LA at 3 p.m. ET Friday (noon local time).

The 9th Circuit’s stay allows Trump’s activation of the California National Guard to remain in effect through at least Tuesday, when the panel will hold a hearing on the matter.

The appeals court panel is made up of two Trump-appointed judges and one appointed by President Joe Biden.

Breyer’s order came down after hearing arguments from attorneys for both Trump’s Justice Department and Newsom after the Democrat had sued the feds over the dispatching of Guard members to protect officers carrying out immigration enforcement operations.

“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not,” Breyer wrote in his order.

“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”

“That’s the difference between a constitutional government and King George.”

Breyer’s order was stayed through 3 p.m. Friday, allowing the Trump administration time to file an appeal with the 9th Circuit.

“I’m gratified by the order. By [Breyer’s] decision. Today was really about a test of democracy and today we passed the test — we the people passed the test,” Newsom said during a press conference after the ruling.

“Clearly there’s no invasion. There’s no rebellion. It’s absurd,” the governor continued. “And so we’re gratified. Today is a big day for the Constitution.”

Newsom declared: “Donald Trump better abide by these orders or we have a constitutional crisis the likes of which we haven’t seen in our lifetime.”

Brett Shumate, head of the DOJ’s Civil Division, disputed Breyer’s characterization of the president’s order throughout the 70-minute hearing, arguing that the commander-in-chief had “delegated” the federalizing of the Guard through California’s adjutant general, as legally required.

Shumate also claimed that Newsom was merely a “conduit” for that order as it passed through the chain of command from Trump to Defense Secretary Pete Hegseth to the state Guard.

“There’s no consultation requirement, pre-approval requirement,” he argued. “There’s one commander-in-chief of the armed forces.”

The underlying statute that Trump invoked permits a president to call up the National Guard when threatened by an invasion from a foreign nation, “rebellion or danger of a rebellion” against the government or if law enforcement is unable “to execute the laws of the United States.”

Breyer’s line of questioning focused on how orders for the federalization of National Guard forces “shall be issued through the governors of the States.”

That led to some back-and-forth with Shumate about whether Trump discussed the order with Newsom beforehand, to which Shumate answered that the two “certainly spoke about the situation in Los Angeles on Friday night.”

Two days later, Newsom called Trump “a stone-cold liar” and said the president “never once” mentioned the National Guard deployment in the phone call.

The governor stuck by his story during his press conference Thursday night.

“He never discussed the National Guard, period. Full stop. I would love to share with you what he actually talked about. It would send shivers up your spine,” Newsom said, without going into details.

“We discussed for a nanosecond Los Angeles and he immediately zigged and zagged to seven or eight other topics,” he claimed. “Some extraordinarily familiar and some extraordinarily remarkable, considering the world we’re living in.”

Newsom said he learned about Trump’s decision to send the National Guard into LA on social media.

“I learned about it when I saw some tweet about ‘Governor Newscum’ — a nickname, by the way, that’s hardly original,” Newsom said, noting that an “eighth-grader” used to tease him with that nickname.

The California Attorney General’s Office, which is representing Newsom’s administration, countered that allowing Trump’s action to stand implied there would be “no guardrails” for further abuse by the executive branch.

“The president, by fiat, can federalize the National Guard and deploy it,” said Nicholas Espiritu, the state’s supervising deputy AG, “whenever there is disobedience to an order.”

While Breyer took issue with the deployment of the National Guard, he appeared more inclined to let stand Trump’s order sending around 700 US Marines to the Golden State to assist with the federal immigration crackdown.

“I don’t understand how I’m supposed to do anything with the Marines, to tell you the truth,” the judge responded, quibbling with Espiritu over whether their involvement violated the Posse Comitatus Act.

Newsom indicated that he believes Breyer is “waiting for the evidence that [Marines] actually have been deployed into Los Angeles” before ruling on whether Trump has the authority to do so.

“There’s been a lot of rhetoric from Pete Hegseth, that’s his name, that they’ve ‘been deployed,’ but it doesn’t appear they have been, but they are making you believe that,” the governor said.

In a brief filed with the California court before the hearing, the Justice Department stated: “Courts did not interfere when President [Dwight] Eisenhower deployed the military to protect school desegregation [in 1957]. Courts did not interfere when President [Richard] Nixon deployed the military to deliver the mail in the midst of a postal strike [in 1970]. And courts should not interfere here either.”