A federal appeals court hearing is set for Tuesday to determine whether Gov. Gavin Newsom or President Donald Trump has control of California National Guard troops stationed in Los Angeles.
Trump deployed 4,000 soldiers and 700 Marines to protect federal sites in downtown LA, where daily protests have occurred since June 7 Immigration and Customs Enforcement raids.
The military contingent remains under Trump’s control after he federalized and deployed them late Saturday amid demonstrations against immigration enforcement operations in the LA area.
On Thursday, a federal judge ordered Trump to return control of the California National Guard to Newsom. U.S. District Judge Charles Breyer questioned the president’s claims that military force was required to address the civil unrest in downtown LA and ruled that Trump’s actions did not follow congressionally mandated procedure.
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” the judge wrote following the emergency court hearing in San Francisco. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Hours later, the federal 9th Circuit Court of Appeals stayed Breyer’s ruling pending the hearing scheduled for Tuesday.
A three-judge appellate panel issued the stay in response to a Trump administration notice of appeal to the 9th Circuit.
After Breyer’s ruling Newsom and California Attorney General Rob Bonta issued statements.
“The President’s action to turn the military against its own citizens threatened our democracy and moved us dangerously close to authoritarianism,” Newsom said. “We will continue to stand up for our democracy and the rights of all Americans. The country is watching.”
Bonta said, “The right to peacefully protest is a cornerstone of any healthy democracy. We will not stand idly by as the President attempts to intimidate and silence those who disagree with him. As the President attempts to inflame tensions and stoke fear in our communities, California and our local law enforcement stand ready to protect our communities and their right to make their voices heard safely and peacefully.”
According to Breyer, the issue is “the president exercising his authority, and the president is, of course, limited. That’s the difference between a constitutional government and King George.”
The judge indicated Trump’s deployment of the California National Guard to the streets of Los Angeles over Newsom’s objections was legally deficient. Breyer also questioned Trump’s insistence that the unrest in LA posed a “danger of rebellion.”
The judge also said Trump did not appear to have met a legal requirement that orders to mobilize troops must go through a state’s governor.
Breyer declined to rule on Newsom’s request to block the deployment of 700 Marines to LA because the troops had not arrived in the city, he wrote.
Army Maj. Gen. Scott Sherman, commander of the contingent of 4,000 National Guard troops and 700 Marines dubbed Task Force 51, said 200 Marines would start guarding the federal building downtown at noon Friday. That will enable National Guard troops, who mainly have been protecting federal property over the past week during the unrest, to more focus on protecting federal agents doing enforcement operations.
“I would like to emphasize that the soldiers will not participate in law enforcement activities,” Sherman told reporters Friday morning. “Rather, they’ll be focused on protecting federal law enforcement personnel.”
Sherman said some troops have been doing protective work for federal agents conducting immigration enforcement activities, but they have not engaged in any police-style work or arrested or detained anyone.
