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President Donald Trump and California Gov. Gavin Newsom head to another legal clash next week after the president activates the National Guard to respond to anti-immigration enforcement protests and riots in Los Angeles.
The expected showdown took place Tuesday after Clinton appointee Judge Charles Breyer ruled Thursday night that Trump’s use of the National Guard was illegal and ordered the president to temporarily abandon his soldiers’ control.
The Democrat newspaper celebrated the ruling, saying that Trump deployed National Guard in his state out of “vanity,” “instilling fear” and “inciting responses.” However, Newsom’s victory was short-lived. This is because the U.S. Court of Appeals in the 9th Circuit quickly put Breyer’s decision on hold in a few hours.
The appeals court stay will remain at least Tuesday when the California Attorney General’s Office attorney general and the Trump administration discuss whether the court should allow long-term stays.
The brothers of retired Justice Stephen Breyer’s brothers have been assigned to the Newsom National Guard case
The National Guard is standing outside the Downtown Los Angeles prison on Sunday after two days of clashes with police during a series of immigrant raids. (Spencer Platt/Getty Images)
The judges will hear Trump appointees Mark Bennett and Eric Miller and Biden appointee Jennifer Son.
For now, Trump and Secretary of Defense Pete Hegses can continue to deploy thousands of National Guard soldiers to California and hundreds of Marines. Trump and Heggs showed in court documents that military forces will be strictly used to protect federal personnel and federal buildings as they face recent anti-immigration and customs enforcement (ICE) mob attacks.
Justice Department (DOJ) lawyers argued that the judge’s decision to stop the Trump administration from carrying out these military activities would “have the commander in the chief’s military command.”
“That’s unprecedented. It’s a constitutional anathema. And it’s dangerous,” said the DOJ lawyer.
Former AG Barr cuts off Gavin Newsom’s “nonsense” legal claims by Trump sent to the military to quell the Lauot
California Gov. Gavin Newsom will speak at the California Supreme Court building in San Francisco on Thursday after U.S. District Judge Charles Breyer granted President Donald Trump’s urgent temporary restraining order to stop the deployment of California State Guard. (Santiago Mejia/San Francisco Chronicle via Getty Images)
The decision of Breyer, the 83-year-old brother of the retired liberal justice Stephen Breyer, came across skepticism from some. Attorney Ed Whelan, a former DOJ employee at the center, said in an online statement he was “a lot sweeping” than he had expected.
Whelan said an important legal battle could be fostered over the Title 10 provisions Trump used to federate the National Guard. Typically, the president deploys members of the National Guard with the Governor’s consent, but the law leaves debate as to whether the Governor’s permission is required. Whelan speculated that Trump could try to use another provision in Title 10, the Rebellion Act, to bypass court proceedings.
“It appears that 10 USC 252 gives him much more freedom of authority,” Whelan said, citing the Rebellion Act.
The National Guard Battle opposes Trump’s background, hosting a major military parade in Washington, D.C. on Saturday. The event, which is expected to cost tens of millions of dollars, will showcase the strength of the US military and mark the Army’s 250th birthday. Trump’s birthday is also that day.
Mars Trump’s authority over the National Guard warns that it is not the “King George” monarchy
President Donald Trump will speak to a crowd of military and service women at a public celebration Tuesday to commemorate the 250th anniversary of the U.S. Army in Fort Bragg, North Carolina. (Melissa Sugerit/Getty Images)
Trump critics have created a “No Kings Day” day, and plan to express their opposition to the president’s pretense of force in protests around the country on Saturday. It is expected that there will be dozens of protests in California alone.
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While Trump is in the country’s capital, protesters will be “literally anywhere else,” one of the organizers, Ezra Levin, told the left-wing paradox.
“This is the 250th anniversary of the Continental Army and was formed to fight back against the crazy king,” Levin said.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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