The president’s powers regarding the deployment of California National Guard were granted approval late Thursday by a panel of the U.S. Circuit Court of Appeals.
A panel of three judges unanimously ruled indefinitely blocking the June 12 U.S. District Court ruling that immediately transferred control of the National Guard to California’s Democratic government, Gavin Newsom.
The ruling means second-term Republican President Donald Trump can maintain control of the National Guard, but Newsom is moving forward with lawsuits over the legality of Trump’s use of the National Guard to handle the protests in downtown Los Angeles. The case could ultimately end in the US Supreme Court.
The panel disagreed with the Trump administration that the federalization of the National Guard cannot be reviewed by courts.
“I oppose the defendant’s main argument that the president’s decision to federate California State Guard members under 10 USC §12406 is fully insulated from judicial review.” The judge wrote in their opinion. “Nevertheless, we are persuaded that reviewing the decision must be very careful under the long-standing precedent interpreting the statutory predecessor of §12406.”
Related: Federal Court of Appeals maintains federalization of Trump’s CA National Guard
Section 12406 of the US Code title 10 is aimed at the country’s military. Trump called Section 12406 to deploy 4,000 National Guard members on June 7 in response to protests and riots in downtown Los Angeles. Federal Law Enforcement – Anyone who comes to America who is not a US citizen had to provide visas or travel approvals at the port of entry by US immigration and customs enforcement agencies.
“Given that respect to the President, he concludes that it is likely that the President has legally exercised the statutory authority under §12406(3), which writes that he “approves federalization of the National Guard if the President is unable to enforce US laws.”
Newsom expressed his disappointment at the ruling, but he welcomed the judicial refusal to Trump’s claim that he would not need to answer the court about federalizing the California State Guard.
“The court correctly rejected Trump’s claim. Newsom said in a statement. “The President is not the King and does not exceed the law. We will advance our challenge to President Trump’s authoritarian use of US soldiers against citizens.”
Related: L.A. chaos continues: mob attacks ice and police as leaders blame enforcement
The Trump administration is using national security guards to protect federal buildings and workers in downtown Los Angeles. The administration uses Marines to protect federal buildings near the University of California at Los Angeles, about 14 miles from the Downtown area, and their workers.
Syndicated with permission from Central square.
