Appeals Court Says Trump Can Keep National Guard Deployed In L.A.

A federal appeals court ruled that President Donald Trump could retain control of the California National Guard, blocking a decision from a district court judge ordering Trump to yield power to Governor Gavin Newsom following anti-ICE riots.

The Court of Appeals for the Ninth Circuit on Thursday night granted an emergency motion from the Trump administration to block a ruling from District Judge Charles Breyer saying Trump violated the law when he ordered the National Guard into Los Angeles. Trump celebrated the decision, saying that the National Guard was to thank for keeping Los Angeles safe. 

“The Appeals Court ruled last night that I can use the National Guard to keep our cities, in this case Los Angeles, safe,” Trump posted on Truth Social Friday morning. “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!”

The court scheduled a hearing on the case for Tuesday to hear further arguments. 

The decision is the latest in the battle between Trump and Newsom over riots that broke out last weekend in Los Angeles County after ICE began making arrests in the area, including day laborers at a Home Depot parking lot. Newsom sued Trump after the president sent in the National Guard and deployed thousands of Marines. 

L.A. Police Chief Jim McDonnell told “CBS Mornings” on Wednesday that the National Guard is not assisting local authorities with street protests or riot control.

“That’s not our understanding. They have a different mission,” McDonnell said. “They’re working in support of the federal agencies that are working with ICE on civil immigration enforcement and criminal immigration enforcement.” He added, “We don’t need the National Guard, and they are not here to help us right now.”

On Thursday, Breyer sided with Newsom, saying that Trump lacked the authority to send in the National Guard. 

“At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer wrote. 

The judge, appointed by President Bill Clinton, also asserted that Trump’s actions were an “unlawful militarization” of the city and had a chilling effect on First Amendment rights, echoing Newsom’s complaints. His decision was blocked just hours later by the appeals court. 

Trump has repeatedly said that Newsom should thank him for sending in the troops, saying that the violence would have been worse had he not acted. 

“Incompetent Gavin Newscum should have been THANKING me for the job we did in Los Angeles, rather than making sad excuses for the poor job he has done,” Trump wrote on Truth Social on Thursday. “If it weren’t for me getting the National Guard into Los Angeles, it would be burning to the ground right now!”