Trump Keeps Control of California National Guard After New Appeals Court Ruling

Three judges of the United States Court of Appeals for the Ninth Circuit handed Donald Trump another legal win over Gavin Newsom on Thursday, ruling unanimously in favor of his continued control over the California National Guard.

But the victory may be reversed on Friday, as the case returns to the federal District Court in San Francisco.

In their ruling, which you can read here, the judges effectively accepted the Trump administration’s argument for commandeering the Guard and deploying them to enforce his immigration policies.

“Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States,” the decision reads in part.

The three judge panel included 2 Trump appointees and one appointed by former President Joe Biden.

Thursday’s ruling was already effectively a fait accompli for Trump. The court had already paused a decision by Judge Charles Breyer of the US District Court for the Northern District of California, in San Francisco, ordering control to be returned to Gov. Newsom.

However, the case returns to Breyer’s court on Friday morning; he’ll be considering a new preliminary injunction against Trump’s control over the California National Guard.

Trump federalized the Guard on June 7 and ordered them to ‘support’ Immigrations and Customs Enforecement personnel after increasingly brutal ICE tactics sparked multiple protests in greater Los Angeles. The state sued over the deployment 3 days later. Newsom later alleged that Trump’s actions starting with the increased ICE raids were designed specifically to cause unrest in order to justify federal escalation.

Since then, Trump and other administration figures have repeatedly exaggerated the scope and scale of the protests and have spread falsehoods about the situation in order to justify the escalation.

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