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The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order directing President Donald Trump to return control of the National Guard forces to California after deploying them there after a protest in Los Angeles over an immigrant raid.
The court said it would hold a hearing on the matter on June 17th. The ruling came just hours after the federal judge’s order came into effect at noon Friday.
Earlier on Thursday, US District Judge Charles Breyer ruled that security personnel were unlawful, both violating the 10th Amendment, surpassing Trump’s legal authority. The order only applied to the National Guard troops, not to the Marines deployed in the LA protests. The judge said they would not control the Marines as they have not yet been on the streets.
California Gov. Gavin Newsom praised the previous ruling, who had asked the judge to halt the military to help carry out the immigrant raid.
“Today is really about the test of democracy, and today I passed the test,” Newsom said at a press conference before the Court of Appeals ruling.
The White House called Breyer’s orders “unprecedented” and “put our brave federal officials at risk.”
“The district court does not have the authority to take away the president’s authority as the prime minister’s commander,” White House spokesman Anna Kelly said in a statement. “The president has exercised his legitimate authority to mobilize the National Guard to protect Gavin Newsom’s lawless Los Angeles federal buildings and personnel.
Newsom’s case focuses solely on the National Guard, and the judge said when asked if it could be applied to the Marines that the state attorney would not control it as they were not yet on the streets.
Marines in civil filibuster training at nearby bases
Approximately 700 Marines are undergoing civil disruption training at Naval Weapons Station Seal Beach in Orange County, California. State lawyer Nicholas Green told the court: “I was told by the Governor’s Office that within the next 24 hours, 140 Marines would replace and ease members of the Los Angeles National Guard.”
Normally the governor has the authority to call the National Guard, but the president is limited in circumstances where he can deploy those troops. Trump federal member of the California State Guard under authorities known as Title 10.
In Title 10, the President allows the National Guard to call the National Guard to federal government services under certain limited circumstances, such as “there is a risk of rebellion or rebellion against government authority,” or when the President “cannot enforce US laws,” or when the country is “invaded.”
In his ruling, Breyer said what’s going on in Los Angeles doesn’t meet the definition of rebellion.
“The protests in Los Angeles are far below the “rebellion,” he writes.
It was not immediately clear how it would change the situation on earth.
California sued the federal government
Newsom appealed to block the deployment of security guards against his wishes. California later filed an emergency motion to ask the judge to stop assisting in the migrant attack.
The governor argued that the military was originally deployed to protect federal buildings, hoping that the court would block the court from helping the court help protect immigration agents during the attack, saying that the involvement of security guards would only escalate tensions and promote civil unrest.
Major General Scott Sherman, commander of Task Force 51, which oversees the security and Marines sent to Los Angeles, said as of Wednesday, about 500 security forces had been trained to accompany agents in immigration operations. Photos of guard soldiers providing security to agents have already been distributed by immigration officers.
None of the Marines are trained to go to migrant raids. And it’s not yet clear whether they’ll ultimately do that, Sherman said.
Trump inappropriately called security guards, the judge says
In his extensive ruling, the judge ruled that Trump was not properly calling security guards in the first place.
The lawsuit argued that Title 10 also requires the president to pass the governor when he issues an order to the National Guard.
Federal lawyer Brett Schmate said Trump has the authority to comply with the law by notifying the general in charge of his decision and to call security guards even if they are not.
The Justice Department said Trump’s order is not subject to judicial review, as it was briefly filed prior to Thursday’s hearing.
“The courts did not interfere when President Eisenhower deployed the troops to protect the separation of schools. When President Nixon deployed the troops and delivered mail during the post office strike, the courts did not interfere.
“Our position is that this is not subject to judicial review,” Schmate told the judge.
Breyer, who at one point had given a copy of the Constitution, said he opposed it.
“We’re talking about the president exercising his authority, and the president is of course limited to that authority. That’s the difference between the constitutional government and King George,” he said.
The protest has intensified
Protests against the Los Angeles immigration attacks escalated after Trump called for security guards and spread to other cities, including Boston, Chicago and Seattle.
Trump describes Los Angeles in disastrous terms, saying that Bass and Newsom are not close to the truth.
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