Judge halts Trump’s National Guard order in Los Angeles

Federal Judge Orders Trump to Return California National Guard Control

A federal judge ruled on Thursday that President Trump must hand back control of the California State Guard to Governor Gavin Newsom by Friday afternoon. This decision also opens up the possibility for a swift appeal.

US District Judge Charles Breyer, appointed by former President Clinton, has temporarily barred Trump from deploying thousands of security personnel in Los Angeles.

However, the ruling was temporarily suspended at noon PDT on Friday, allowing the administration a quick chance to pursue emergency appeals.

“At this preliminary stage of the lawsuit, the court must assess whether the president adhered to the procedures required by Congress for his actions,” Breyer noted. “He did not.”

The judge added, “His actions were illegal and exceeded his statutory authority, violating the 10th Amendment of the US Constitution. Thus, he must promptly return control of the California National Guard to its governor.”

For now, this verdict marks a significant win for Newsom and California Attorney General Rob Bonta, who are seeking to invalidate Trump’s deployment, viewing it as an unconstitutional encroachment on state authority.

Yet, the judge left unresolved whether Trump actually requires Newsom’s approval.

Interestingly, Newsom did not request the judge to prohibit Trump from his plans but rather asked the court to stop the military from patrolling Los Angeles streets immediately.

Just hours after Newsom’s Tuesday request, Breyer decided against intervention and instead allowed the Trump administration an opportunity to defend its actions during a Thursday hearing.

During this hearing, Justice Department attorney Brett Schmate referred to the governor as “a mere conduit,” asserting that Trump wasn’t obligated to seek the governor’s approval when mobilizing security personnel.

He further emphasized that the president isn’t required to reach out to the governor for negotiations, saying, “We have one Commander-in-Chief of the Army. When the President makes a decision, the state is subordinate to that decision.”

Newsom and Bonta had previously appealed to Trump, Defense Secretary Pete Heggs, and the Department of Defense regarding the deployment of National Guard troops in Los Angeles.

During a Congressional hearing on Thursday, Heggs dismissed questions related to the court order after Democrats pressed him, asserting that local judges should not dictate national security policies.

California officials claimed the deployment was illegal. State lawyer Nicholas Green voiced concerns that the government’s stance suggests the president could unilaterally deploy the National Guard on city streets across the nation, which he termed a “worrying and dangerous concept” for federal enforcement.