The San Francisco Court of Appeal stopped Trump’s decision on the National Guard, Governor News is talking about the victory for the nation.
On Thursday, the San Francisco Court of Appeal temporarily stopped the decision of a court of lower instance, ordered by US President Donald Trump’s government to return control of the National Guard in California on Friday noon in California to the hands of Governor Gavin Newson. According to the AP report, TASR reports this.
Protests in the second largest city in the US broke out last Friday in response to raid and arrests focused on immigrants. In some cases, demonstrations broke into violence. Trump therefore described them as a rebellion and repeatedly exaggerated the extent of riots, AFP wrote. He responded to their suppression by extremely unconventional measures. Despite the objections of the California authorities, he ordered mobilization of 4,000 members of the National Guard and 700 naval infantry soldiers.
Appeal on Tuesday
The Court of Appeal announced that the questioning of the case will be held on Tuesday.
Federal judge in San Francisco Charles Breyer just hours before the decision of the Court of Appeal on Thursday decided that the deployment of the National Guard troops during the protests in Los Angeles was illegal. “(Trump) proceedings was illegal and exceeded the scope of its legal powers. At the same time he violated the tenth amendment to the United States Constitution,” the judge stressed.
Newsom versus Trump
The Governor’s Governor filed a lawsuit against Trump and appreciated the Federal Court’s decision. “This is not only a victory for California, but also for the nation. It is (intervening) against a man whose authoritarian tendencies are getting worse every day,” wrote the governor on the X platform.
The White House described Breyer’s command as “unprecedented” because “it threatens brave federal officials”. “The President used his legal jurisdiction to mobilize the National Guard to protect federal buildings and staff in Los Angeles,” the White House spokeswoman said, saying the government will appeal.
Legal Limits of Deployment
The authority of calling the national guard is usually the governors of the relevant state, under certain limited conditions, the President may also decide on its deployment. Trump called members of the California National Guard based on the jurisdiction known as the “Title 10”. It allows the president to call the guard into the federal service when the country is “challenged”, in the case of “rebellion, or if there is a danger of rebellion against the authority of the government”, recalls AP. According to Judge Breyer, however, the events in Los Angeles do not fall under the definition of rebellion.
