A federal appeals panel will hear arguments Tuesday to determine whether President Donald Trump or California Gov. Gavin Newsom will control the state's National Guard, a hearing stemming from the state's challenge to Trump's decision to federalize the Guard, which a judge ruled last week was illegal and unconstitutional.
U.S. District Judge Charles Breyer in San Francisco ruled Thursday that Trump's federalization of 2,000 National Guard service members did not follow congressionally mandated procedure, and Trump must return control of the troops to Newsom by noon the following day. But within hours, a three-judge panel of the 9th U.S. Circuit Court of Appeals granted Trump's emergency request to temporarily block the order, leaving the Guard under Trump's control, and set a hearing for Tuesday.
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The planned 30-minute hearing at noon Tuesday in the James R. Browning U.S. Courthouse in downtown San Francisco will be live-streamed on YouTube.
Breyer had determined that the National Guard deployment was illegal and violated the Tenth Amendment, which defines power between federal and state governments, and exceeded Trump's statutory authority. The judge's order applied only to the National Guard troops and not 700 active-duty Marines who were also deployed to the Los Angeles protests. The judge said he would not rule on the Marines because they were not out on the streets as of Thursday.
Newsom had praised the earlier ruling, saying Breyer's decision "was really about a test of democracy, and today we passed the test." But that was before the appeals court spoke.
In a post on his Truth Social platform Friday, Trump thanked the appellate panel for leaving him in control of the troops.
"If I didn't send the Military into Los Angeles, that city would be burning to the ground right now," he said.
The authority to call up the National Guard normally lies with state governors, but there are limited circumstances under which the president can deploy the troops. Trump federalized members of the California National Guard under an authority known as Title 10, which allows the president to call the National Guard into federal service when the country is "invaded" or faces a "rebellion" against the authority of the government.
Breyer was dubious of Trump's insistence that the unrest in Los Angeles posed a "danger of rebellion."
The issue, the judge wrote, is "the president exercising his authority, and the president is, of course, limited. That's the difference between a constitutional government and King George."
In a post on X, Newsom wrote that the lower court confirmed "what we all know: The military belongs on the battlefield, not on our city streets."
The hearing Thursday before Breyer stemmed from a lawsuit brought June 9 by Newsom and state Attorney General Rob Bonta following Trump's escalation of military forces in the Los Angeles area.
"The federal government is now turning the military against American citizens," Newsom said in a statement after filing the lawsuit in San Francisco. "Sending trained warfighters onto the streets is unprecedented and threatens the very core of our democracy. Donald Trump is behaving like a tyrant, not a President. We ask the court to immediately block these unlawful actions."
The state's suit names Trump, Defense Secretary Pete Hegseth and the U.S. Department of Defense as defendants, alleging violations of the U.S. Constitution and the president's authority, not only because the takeover occurred without the consent or input of the governor, as federal law requires, but also because, Newsom said, it was unwarranted.
A U.S. Department of Justice spokesperson did not respond to a request for comment on the litigation.
According to state officials, in the early hours of Sunday, June 8, the DOD, at the direction of Trump, redirected hundreds of National Guard troops from San Diego to Los Angeles, without authorization from the governor and against the wishes of local law enforcement. In total, the department deployed 4,000 National Guard troops from across the state, as well as an additional 700 Marines, "an inflammatory escalation unsupported by conditions on the ground," according to Bonta.
Trump has said that the deployment of the National Guard was a matter of law and order carried out in response to protests that erupted during a series of immigration raids in the Los Angeles area.
Despite ongoing community protests, immigration raids were expected to continue this week in the Southland amid Trump administration guidance focusing on cities run by elected Democrats, while cutting back on enforcement at farms, hotels and restaurants.
Meanwhile, protesters returned to the streets of downtown Los Angeles on Sunday, one day after a nationwide series of demonstrations against Trump's crackdown on immigration and other policies drew massive crowds to the Civic Center and communities throughout Southern California and the nation.
The latest known enforcement effort occurred Saturday when several people were detained during an apparent immigration raid at the Santa Fe Springs Swap Meet. Video from the scene at 13963 Alondra Blvd. showed masked federal agents apprehending several people Saturday, accompanied by armed U.S. Marines. It was unclear what further actions were taken.
The Trump administration began conducting immigration enforcement actions in Los Angeles on June 6, prompting daily demonstrations in the street that have -- at times -- turned violent and resulted in widespread graffiti and other property damage in the downtown area.
The Los Angeles Police Department has arrested 575 people related to protest activity since then, police said Monday. That includes 38 arrests during Saturday's "No Kings" demonstration downtown. Police said 35 people were arrested for curfew violations, one for failure to disperse, one for resisting, obstructing or delaying a police officer, and one for resisting arrest, according to the department.
Three officers were injured, police added.
Los Angeles Controller Kenneth Mejia said Sunday that the city had spent more than $11.4 million through Friday on activities related to ICE protests, and that was before Saturday's massive demonstration, which caused officials to deploy extra resources.
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