A federal judge has blocked the Trump administration\u2019s deployment of California\u2019s National Guard to Los Angeles and called the move illegal.<\/p>\n
The judge\u2019s order to return control of the troops to California Governor Gavin Newsom will not go into effect immediately and the administration has filed an appeal.<\/p>\n
The state sued President Donald Trump on Monday over his order to deploy the troops without Newsom\u2019s consent.<\/p>\n
Trump said he was sending the troops \u2013 who are typically under the governor\u2019s authority \u2013 to stop LA from \u201cburning down\u201d in protests against his immigration crackdown. Local authorities have argued they have the situation in hand and do not need troops.<\/p>\n
US District Judge Charles Breyer said the question presented by California\u2019s request was whether Trump followed the law set by Congress on the deployment of a state\u2019s National Guard.<\/p>\n
\u201cHe did not,\u201d the judge wrote in his decision. \u201cHis actions were illegal\u2026 He must therefore return control of the California National Guard to the Governor of the State of California forthwith.\u201d<\/p>\n
But the judge stayed the order until Friday afternoon to give the Trump administration time to appeal against it. The administration did so almost immediately after the order was issued.<\/p>\n
Newsom posted on social media on Thursday afternoon that \u201cthe court just confirmed what we all know \u2014 the military belongs on the battlefield, not on our city streets\u201d.<\/p>\n
The Trump administration has said it took over California\u2019s National Guard to restore order and to protect Immigration and Customs Enforcement (ICE) agents as they swept up people in Los Angeles who were believed to be in the country illegally.<\/p>\n
Despite Newsom\u2019s objections, Trump ordered a total of 4,000 National Guard troops and 700 Marines to help quell the unrest. Some of the Guard troops are now authorised to detain people until police can arrest them.<\/p>\n
A president last deployed the National Guard without a governor\u2019s consent more than 50 years ago \u2013 during the civil rights era. It is more common for a governor to activate troops to deal with natural disasters and other emergencies, and then ask for federal assistance.<\/p>\n
Before a packed courtroom on Thursday, a justice department attorney told Judge Breyer that Newsom did not need to be consulted when Trump issued his order.<\/p>\n
\u201cGovernor Newsom was fully aware of this order\u2026he objected to it,\u201d Attorney Brett Shumate said. \u201cThere is one commander-in-chief of the US armed forces.\u201d<\/p>\n
\u201cNo,\u201d Judge Breyer, the younger brother of former Supreme Court Justice Stephen Breyer, responded.<\/p>\n
\u201cThe president isn\u2019t the commander -in-chief of the National Guard,\u201d he said but added there were times and situations where the president could become the head of the troops.<\/p>\n
Breyer, who had donned a light blue bowtie, invoked the Constitution multiple times during the hearing, holding up a booklet copy of the document at one point.<\/p>\n
\u201cWe\u2019re talking about the president exercising his authority. And the president is, of course, limited in his authority,\u201d he said. \u201cThat\u2019s the difference between a constitutional government and King George.\u201d.<\/p>\n
The Trump administration used a law that allows the president to call the National Guard into federal service when a \u201crebellion\u201d is happening.<\/p>\n
But California said in its lawsuit that the protests that have spanned nearly a week in LA \u2013 and included more than 300 arrests and the shutting down of a major freeway \u2013 did not rise to that level.<\/p>\n
\u201cAt no point in the past three days has there been a rebellion or an insurrection. Nor have these protests risen to the level of protests or riots that Los Angeles and other major cities have seen at points in the past, including in recent years,\u201d the lawsuit read.<\/p>","protected":false},"excerpt":{"rendered":"
A federal judge has blocked the Trump administration\u2019s deployment of California\u2019s National Guard to Los Angeles and called the move illegal. The judge\u2019s order to return control of the troops to California Governor Gavin Newsom will not go into effect immediately and the administration has filed an appeal. The state sued President Donald Trump on […]<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-116453","post","type-post","status-publish","format-standard","hentry","category-uncategorized","entry"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/116453","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/comments?post=116453"}],"version-history":[{"count":0,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/posts\/116453\/revisions"}],"wp:attachment":[{"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/media?parent=116453"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/categories?post=116453"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chezaspin.com\/blog\/wp-json\/wp\/v2\/tags?post=116453"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}