Donald Trump celebrated a victory over Gavin Newsom after an appeals allowed him to keep control of National Guard troops he deployed to Los Angeles to handle anti-ICE riots.
Trump wrote on Truth Social: ‘BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!’
‘The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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,’ he added.
‘This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!’
The decision halts a ruling from a lower court judge who found Trump acted illegally when he activated the soldiers over opposition from Newsom.
The deployment was the first by a president of a state National Guard without the governor´s permission since 1965.
In its decision, a three-judge panel on the 9th U.S. Circuit Court of Appeals unanimously concluded it was likely Trump lawfully exercised his authority in federalizing control of the guard.
It said that while presidents don’t have unfettered power to seize control of a state’s guard, the Trump administration had presented enough evidence to show it had a defensible rationale for doing so, citing violent acts by protesters.
Donald Trump celebrated a victory over Gavin Newsom after an appeals allowed him to keep control of National Guard troops he deployed to Los Angeles to handle anti-ICE riots
The decision halts a ruling from a lower court judge who found Trump acted illegally when he activated the soldiers over opposition from Newsom
‘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 wrote.
‘The federal government´s interest in preventing incidents like these is significant.’
It also found that even if the federal government failed to notify the governor of California before federalizing the National Guard as required by law, Newsom had no power to veto the president´s order.
Trump celebrated the decision on his Truth Social platform, calling it a ‘BIG WIN.’
He wrote that ‘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.’
Newsom issued a statement that expressed disappointment that the court is allowing Trump to retain control of the Guard. But he also 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 deployment was the first by a president of a state National Guard without the governor´s permission since 1965
The court case could have wider implications on the president´s power to deploy soldiers within the United States after Trump directed immigration officials to prioritize deportations from other Democratic-run cities.
Trump ordered 2,000 National Guard troops to descend on the city in an effort to quell days-long chaos amid ICE raids targeting illegal migrants.
Soon after, Trump took to his Truth Social and applauded the National Guard for stepping in to control ‘these radical left protests,’ while also calling out Governor Gavin Newsom and Mayor Karen Bass for being ‘unable to handle the task.’
‘Great job by the National Guard in Los Angeles after two days of violence, clashes and unrest. We have an incompetent Governor (Newscum) and Mayor (Bass) who were, as usual (just look at how they handled the fires, and now their VERY SLOW PERMITTING disaster. Federal permitting is complete!), unable to to handle the task,’ the president wrote.
‘These Radical Left protests, by instigators and often paid troublemakers, will NOT BE TOLERATED. Also, from now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why??? Again, thank you to the National Guard for a job well done!’
Trump argued that the troops were necessary to restore order. Newsom said the move inflamed tensions, usurped local authority and wasted resources. The protests have since appeared to be winding down.
Two judges on the appeals panel were appointed by Trump during his first term. During oral arguments Tuesday, all three judges suggested that presidents have wide latitude under the federal law at issue and that courts should be reluctant to step in.
The case started when Newsom sued to block Trump´s command, and he won an early victory from U.S. District Judge Charles Breyer in San Francisco.
A car burns in flames during a standoff between police and protesters following multiple detentions by ICE in the Los Angeles County city of Paramount, California
Federal agents hold a line during a clash with protesters near a Home Depot after a raid was conducted by Immigration and Customs Enforcement (ICE) in Paramount, California on Saturday
Breyer found that Trump had overstepped his legal authority, which he said only allows presidents can take control during times of ‘rebellion or danger of a rebellion.’
‘The protests in Los Angeles fall far short of `rebellion,´’ wrote Breyer, who was appointed by former President Bill Clinton and is brother to retired Supreme Court Justice Stephen Breyer.
The Trump administration, though, argued that courts can´t second guess the president´s decisions and quickly secured a temporary halt from the appeals court.
The ruling means control of the California National Guard will stay in federal hands as the lawsuit continues to unfold.
Trump has pledged to deport record numbers of people in the country illegally and lock down the US-Mexico border, with the White House setting a goal for ICE to arrest at least 3,000 migrants per day.
But the sweeping immigration crackdown has also included people legally residing in the country, including some with permanent residence, and has led to legal challenges.
Los Angeles, the second-most populous city in the United States, is one of the most diverse metropolises in the country.
