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The appeals court will hear debate in California on Tuesday over the lawsuit of Democratic government Gavin Newsom, accusing President Donald Trump of illegally deploying the National Guard to quell anti-immigration enforcement protests and riots in Los Angeles County.
The three-person review board of the U.S. Ninth Circuit Court of Appeals is set up to determine whether Trump can continue to use thousands of National Guard and hundreds of Marines to protect parts of the county.
The panel consists of two Trump appointees and one Biden appointee.
A lower court judge ruled last week in favor of Newsom and found that the deployment of Trump and Secretary of Defense Pete Hegses’ National Guard soldiers was illegal, and three judges temporarily suspend the decision.
Mars Trump’s authority over the National Guard warns that it is not the “King George” monarchy
Protesters began gathering on the steps of Los Angeles City Hall early Tuesday afternoon after three days of anti-ice riots in the city. (Peter D’Abrosca from Fox News Digital)
The panel decides whether to extend that pause.
In court documents, Justice Department lawyers said Trump and Hegses are strictly using California troops to protect federal officials and federal buildings.
They said that the Title 10 provision cited in the declaration when Trump federated the National Guard would allow the president to activate soldiers without the governor’s consent.
Newsom vehemently opposed Trump’s federal security guards, and California’s lawyers argued that the decision exponentially led to an insurgency case. The lawyer said he did not meet the required criteria under Title 10 provisions “remote” regardless of the severity of the riot.
Trump tells the judge that Newsom’s permission is not required to crack down on the mob and deploys the National Guard
Saturday, June 14th, 2025, an anti-ice riot and police showdown in Los Angeles. Demonstrations across the country are TELDing today under the king’s flag. (Jamie Vera/Fox News)
“As the district courts found on record evidence, the situation here is not remote to “the danger of rebellion or rebellion” or to the situation where the president “cannot enforce US laws along with ordinary forces,” the lawyer wrote.
Since June 7, Trump has enlisted 4,000 National Guard members into the federal government, recruiting 700 Marines to provide support in California.
Left: California Governor Gavin Newsom. Right: President Donald Trump (Getty Images)
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An ICE official said in the affidavit that National Guard members were “essential” to provide additional support around the 300 N. Los Angeles Federal Building, a sight of frequent protest and unrest since the immigrant raids began.
“Before the deployment of the National Guard, riot police and protesters assaulted federal, state and local law enforcement officials with rocks, fireworks and other objects. They also damaged federal property by plastering death threats on federal law enforcement officials,” ICE officials wrote.
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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