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president Donald Trump California Gov. Gavin Newsom will head to another legal conflict next week after the president activates the National Guard in response to anti-immigrant law enforcement protests and riots in Los Angeles.
The expected showdown will take place Tuesday, with Clinton-appointed Judge Charles Breyer ruled Thursday night that Trump’s use of the National Guard was illegal and ordered the president to temporarily waive control of the soldiers.
Newsom, a Democrat, celebrated the ruling, saying Trump has deployed the National Guard from “vanity” to his country and “inculcated fear” and “incited responses.” But Newsom’s victory was short-lived, as the U.S. Ninth Circuit Court of Appeal promptly sent Breyer to pause his decision within a few hours.
The appeals court stayed at least Tuesday, at least Tuesday, when attorneys in the California Attorney General’s office and the Trump administration argued before a panel of three judges whether the court should approve a prolonged stay.
Retired Justice Stephen Breyer’s brother assigned to Newsom National Guard lawsuit
The National Guard stood outside the downtown Los Angeles prison on Sunday after two days of clash with police in a series of immigration attacks. (Spencer Platt/Getty Images)
Both Trump-appointed judges from Bennett and Eric Miller will hear the argument.
Currently, Trump and Defense Secretary Pete Hegseth can continue to deploy thousands National Guard Soldier in California and hundreds of Marines. Trump and Heggs noted in court documents that military forces will be used strictly to protect federal personnel and federal buildings as they face attacks from anti-immigration and customs enforcement (ICE) riots in recent days.
The Justice Department (DOJ) lawyer argued that the judge’s decision to prevent the Trump administration from engaging in these military activities “will be judicially opposed with the Commander-in-Chief in the Chief Military Directive, especially if the decision was issued through a temporary restraining order, such as Breyer issued Thursday night.
“That will be unprecedented. It will be constitutional disgust. It will be dangerous,” said the Justice Department lawyer.
California Gov. Gavin Newsom spoke Thursday at the California Supreme Court building in San Francisco after U.S. District Judge Charles Breyer approved an emergency temporary restraining order to prevent President Donald Trump from deploying in the California National Guard. (San Diego Mejia/San Francisco Chronicle via Getty Images)
Breyer’s decision, the 83-year-old brother of retired free justice Stephen Breyer, has encountered doubts about some. Attorney Ed Whelan, a former Justice Department official, said in his online speech that it was “larger than he expected.”
Whelan said the Chapter 10 rule Trump used for the Federal National Guard may be a major legal battle. Typically, the president deploys National Guard members with the governor’s consent, but the law is for debate on whether the governor’s permission is required. Whelan speculates that Trump could try to use another title, Article 10, the Uprising Act, to bypass court litigation.
“10 USC 252 seems to give him more free authority,” Whelan said.
The National Guard battle took place in the context of Trump’s presidency army Marching in Washington, D.C. on Saturday. The event plans to cost tens of millions of dollars, will showcase the U.S. military power and mark the Army’s 250th birthday. Trump’s birthday is also that day.
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President Donald Trump is open to the public during a group of military personnel and service services Tuesday in Fort Bragg, North Carolina. (Melissa Sue Gerrits/Getty Images)
Trump critics created the day of “No Kings Day” and planned to express dissent against the president’s force during protests across the country on Saturday. California alone is expected to see dozens of protests.
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When Trump is in the capital of the country, protesters will be “actually anywhere else.”
“This is the 250th anniversary of the Continental Army, aiming to oppose a crazy king,” Levin said, noting that the protests will be peaceful and act as a recruiting tool in a “pro-democratic battle” with Trump.
