California judge considers how much ‘authority’ President Trump has over use of National Guard
California judge considers how much ‘authority’ President Trump has over use of National Guard
A federal court on Thursday heard Gov. Gavin Newsom’s request for a temporary restraining order to curtail just what the federalized National Guard troops and Marines sent to California by the Trump administration can do.
It’s unclear if U.S District Judge Charles R. Breyer would also rule on Thursday, June 12.
Breyer said he was “trying to figure out where the lines are drawn” when it comes to just how much authority the president has, The Associated Press reported.
President Donald Trump’s administration on Sunday, June 8, federalized California’s National Guard, mobilizing more than 4,000 troops to Los Angeles to respond to the protests over immigration-enforcement efforts. The president also ordered some 700 infantry Marines from the Marine Corps Air Ground Combat Center Twentynine Palms to deploy to Los Angeles.
The administration made those moves without the request or consent of Newsom and local law enforcement officials, Newsom and Attorney General Rob Bonta said Monday, June 9, when announcing a lawsuit against the Trump administration.
The request for the temporary restraining order alleged that the Trump administration’s use of the troops “creates imminent harm to state sovereignty, deprives the state of vital resources, escalates tensions and promotes (rather than quells) civil unrest.” It said federal troops should not be able to enforce laws in a civilian city.
The motion seeks “narrow relief tailored to avoid irreparable harm to our communities and the rule of law that is likely to result if Defendants are allowed to proceed with their plans to use Marines and federalized National Guard to enforce immigration laws and other civil laws on the streets of our cities.”
In other words, Newsom is not seeking to stop the troops from protecting federal activities or property, but rather halt any use of them to enforce immigration or civil laws in the state.
“We’re talking about the president exercising his authority, and the president is, of course, limited in that authority. That’s the difference between a constitutional government and King George,” Breyer said, according to the Associated Press, seemingly referring to the king of England during the American Revolution.
Earlier Thursday, Defense Secretary Pete Hegseth refused during a congressional hearing to say whether he would adhere to a court ruling that went against the administration’s placing of troops around the area.
“We should not have local judges determining foreign policy or national security policy for the country,” Hegseth said when asked.
Trump has defended the move, repeatedly over the past few days, saying sending the troops in “saved” Los Angeles.
And earlier this week, White House spokesperson Anna Kelly told the Southern California News Group that Newsom “should thank (Trump) for restoring law and order.”
In a stark contrast to California, Missouri Gov. Mike Kehoe activated his state’s National Guard on Thursday “as a precautionary measure” as immigration protests were planned across the state.
“We respect, and will defend, the right to peacefully protest, but we will not tolerate violence or lawlessness in our state,” Kehoe said. “While other states may wait for chaos to ensue, the state of Missouri is taking a proactive approach in the event that assistance is needed to support local law enforcement in protecting our citizens and communities.”
Meanwhile, Mayor Karen Bass instituted a curfew for a one-mile section of downtown Los Angeles Tuesday and Wednesday nights that has seemed to be yielding positive results. Both nights saw less chaos and property damage than in the previous several nights of demonstrations against ongoing federal immigration raids.
Breyer is the younger brother of former U.S. Supreme Court Justice Stephen Breyer. Born in San Francisco, Breyer is an alumnus of Harvard and UC Berkeley School of Law. According to Politico, he was assigned the case between Newsom and Trump through a random process.
This is a breaking story and will be updated.
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