Trump administration can keep control of California National Guard troops for now, appeals court rules

The Trump administration can maintain the control of several thousand National Guard forces in California and continue to deploy it in Los Angeles, a federal appeal court that was late on Thursday, stopping the judgment of the lower court who decided that President Donald Trump Federalism of the guards was illegal.

The ruling of a committee of three judges in the Court of Appeal in the ninth American district maintains Trump’s directives, which allows the deployment of at least 4,000 National Guard forces in California and several hundreds of naval pedestrians pending more litigation, even with the state leaders making the military presence as unnecessary and escalating.

The Court of Appeal will hold a hearing on the matter on Tuesday.

Hours before the Court of Appeal, a federal judge temporarily arrested the publication in Los Angeles, and writes on Thursday evening that the federal government had no power National Guard nationalization in California.

American boycott judge Charles Prayer issued a temporary restriction order after an hour hearing in the San Francisco Federal Court. This was a major setback for Trump, who increased in the last days of the number of National Guard forces in California under his leadership by thousands, as he sought to bend his executive strength and sharp volatile protests in Los Angeles that caused immigration and customs raids.

California governor, Gavin New Zerou, a democratic, opposed Trump’s decision steadily to deploy the forces, on the pretext that the existence of military law enforcement will increase the protests only and that the administration has not led the members of the National Guard in accordance with the federal law.

“The Ministry of Defense did not transfer this directive to the ruler’s office, and it was not approved or ordered by the California Governor,” as required by law, newsom He wrote in a letter Urging the administration to give up control of the forces.

A day after sending the message, California Public Prosecutor Rob Punta Publishing challenge In the Federal Court, the official nature of the news of the news that the administration has failed to properly follow the statute that allows the provision of the National Guard to the state.

In his rule, Prayer seemed to be consistent with this argument, and to take a broader decision than the country it sought.

Punta wanted to make sure that the members of the guards did not participate in the civil law and enforce immigration, which are actions that they usually prohibit a federal. But Barir decided that Trump has overcome his authority in the federation of the forces because he did not notify Newsom, as required by the statute mentioned by the administration.

During a hearing in San Francisco this afternoon, one of the federal government lawyer argued that the administration had fulfilled the requirements of a federal law that rules when the National Guard can be called in the federal service.. However, in his order Thursday evening, Prayer said that the Trump administration had not fulfilled any of these requirements.

“His actions were illegal – as he exceeded the scope of his legal authority and violated the tenth amendment to the US constitution,” Brayer wrote.

“He must restore control of the National Guard in California to the governor of California immediately,” the judge continued.

Newsom praised the ruling at an evening press conference, describing it “a big day for the constitution of the United States” and “our democracy”.

“I hope it will be the beginning of a new day in this country, where we are back away from the transgression,” said New Nooring. “We are retreating against these authoritarian tendencies of the head of pushing the border, and paying the maximum, but he can no longer pay this situation around it.”

The White House did not immediately respond to a request for comment.

Lawyers of the Ministry of Justice framing Brayer’s ruling as an attack on Trump’s presidential forces.

The lawyers wrote: “The provincial court has issued an unprecedented order asking the president to deploy the National Guard to protect federal officials from continuous violent protests and attacks, and to protect federal property from other damage,” Lawyers wrote.

They added that “the regime is an extraordinary storming of the presidential authority of the president as a major leader of the summons of the National Guard according to the necessity to protect federal officials.”

The lawyers of the Ministry of Justice wrote: “The provincial court concluded that the legal conditions were not satisfied.” “But this type of guessing of the leader in the military rulings is a serious violation of the separation of the authorities. For nearly 200 years, the Supreme Court made it clear that these rulingers are for the President-West to issue a ruler, and certainly not a federal court.”

Breyer does not apply to the deployment of 700 naval infantry on Los Angeles. At the hearing on Thursday afternoon, he expressed doubts that he was able to control their movements, because the California governor has no authority over the Marine Corps. He said, “I do not understand how I am supposed to do anything with Marines, to tell you the truth.”