Appeals court questions judges' ability to review Trump's LA National Guard deployment
A group of appellate court judges is pondering what role the courts should play in determining whether President Donald Trump can keep control of the National Guard to protect immigration enforcement agents and suppress protesters in Los Angeles.
Trump ordered 4,000 National Guard troops and 700 Marines to Los Angeles following protests over the raids by the U.S. Immigration and Customs Enforcement. A three-judge panel from the U.S. Court of Appeals for the Ninth Circuit heard arguments on June 17 on whether to continue Trump's mobilization of the troops.
It comes less than a week after U.S. District Judge Charles Breyer granted California Gov. Gavin Newsom a temporary restraining order, which would have blocked Trump's deployment of the California National Guard and returned control of the troops to Newsom. The governor, Los Angeles Mayor Karen Bass, and other leaders repeatedly claimed that Trump inflamed the protests by sending in the military when it wasn't necessary.
The appellate court judges temporarily halted the federal judge's order on June 12.
On June 17, the three-judge panel quizzed lawyers from the Trump administration and Newsom on whether they should factor into Trump's decision at all.
Justice Department lawyer Brett Shumate told the panel that Breyer had "improperly second-guessed the president's judgment" about the need to call up the National Guard to protect federal property and personnel from "mob violence" in Los Angeles.
"There is no role for the court to play in reviewing that decision," Shumate said.
During the hourlong hearing on June 17, California's attorney, Samuel Harbourt, asked the appeals court to deny the Trump administration's motion. He called the federalization of the National Guard an "unprecedented, unlawful executive action."
Harbourt argued that the governor doesn't have any problems giving the president "some sort of deference" for implementing federal law, but that there's nothing to defer to in the case since Newsom did not consent to the National Guard's activation as typically mandated by law.
"There's really nothing to defer to because the president has not, and the defendants have made no attempt whatsoever to provide an argument or evidence that they even contemplated more modest measures to the extreme response in calling in the National Guard and militarizing the situation," Harbourt said.
Harbourt did say that Los Angeles has seen "certain episodes of unrest and even violence in recent days, including violence directed at state and local law enforcement officials." But Harbourt added that local and state law enforcement have "strongly condemned these acts, and it has responded forcefully to them."
The attorney urged the judges to remove the National Guard from Los Angeles so that they can return to their regular duties, including responding to emergencies such as wildfires. Harbourt concluded the troops' presence is "causing harm to our nation's broader democratic tradition of the separation of the military from civilian affairs."
The hearing came as local organizers vowed to continue protesting against immigration raids, despite demonstrations in downtown Los Angeles having calmed and Bass lifting a curfew in the area.
More than just ICE raids: Trump's battle with Newsom, California expands beyond immigration
Meanwhile, Shumate said the appeals court should indeed grant the request for a stay of the lower court's order. Shumate said the lower court's ruling would have blocked Trump's deployment of the California National Guard and returned control of the troops to Newsom.
Shumate argued that Trump complied with the statute by informing the general in charge of the troops of his decision and that the president does have the authority to call in the National Guard.
Shumate also said before the lower court's ruling that the president's decisions are not subject to judicial review.
The attorney said there is "documented record of sustained, ongoing mob violence." Shumate told the three-panel judges on June 17 that on June 6 more than "1,000 violent protesters" had been outside a federal building that required the National Guard.
"They were essential to protecting that building," Shumate said.
Shumate then argued to the appeal court judges that Trump has "unreviewable" powers as the commander-in-chief to deploy troops for any reason he sees fit.
The three judges, who consist of two judicial appointees of Trump and one of former President Joe Biden, did not issue a ruling but seemed to indicate they might keep the current stay in place.
The two Trump appointees, Judges Mark J. Bennett and Eric D. Miller, appeared doubtful of the Trump administration's claim that courts can't review Trump's decision to invoke a statute allowing him to activate the National Guard. But they also appeared to lean into the notion that the occasional violent protests were enough to warrant Trump's decision.
And the Biden appointee, U.S. Circuit Judge Jennifer Sung, had some doubts about the case made by Harbourt, Newsom's attorney.
Bennett suggested that the court could act before a hearing that Breyer has scheduled in the case for June 20.
The arguments in court is another episode in "an interesting paradigm of power," between Trump and Newsom as the governor is trying to assert his role as a major leader in America's most populous state that also has the world's fourth-largest economy, said Brian Sobel, a longtime political analyst based in the San Francisco Bay Area.
"Newsom is trying to establish with people that he's a national player, that he's presidential-worthy because he's willing to take Trump on," Sobel told USA TODAY. "He's choosing battles where he can have similar stature as the president, where he can assert his power and appear almost like a co-equal."
Los Angeles police have said that more than 500 arrests have been made related to protest activity since June 7. The June 17 appeals court hearing comes as the Los Angeles mayor announced that she lifted the city's curfew.
"The curfew, coupled with ongoing crime prevention efforts, have been largely successful in protecting stores, restaurants, businesses and residential communities from bad actors who do not care about the immigrant community," Bass said in a statement. "I am lifting the curfew effective today, and as we continue quickly adapting to chaos coming from Washington, and I will be prepared to reissue a curfew if needed. My priority will continue to be ensuring safety, stability and support in the downtown neighborhoods."
'I hate it': LA residents who surveyed vandalism fear more violence in future protests
Los Angeles Police Chief Jim McDonnell said this week that his department was "not letting our guard down" with the then-adjusted curfew hours. McDonnell said the decision showed the progress authorities have made in reducing crime and vandalism within the city's curfew zone.
"The curfew has been an effective tool in helping us maintain public safety in the downtown Los Angeles area and deter those looking to exploit peaceful protests for criminal activity," McDonnell said in a statement. "The LAPD will maintain a strong presence in the area and continue to monitor conditions closely to protect lives, uphold the right to lawful assembly, and safeguard property."
Bass first announced the six-day curfew on June 10 in a stretch of downtown Los Angeles where the protests have largely taken place, "to stop the vandalism, to stop the looting."
Contributing: Reuters
This article originally appeared on USA TODAY: Appeals court likely to keep Trump in control of National Guard in LA
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
32 minutes ago
- Yahoo
Starmer calls for ‘diplomatic solution' after US strikes Iran
Sir Keir Starmer has called for restraint after Donald Trump launched US air strikes on Iran's nuclear facilities. The Prime Minister said Iran's nuclear programme is a 'grave threat' which the US military action would 'alleviate'. There was no British involvement in the action but the Government was informed in advance of the strikes, which involved B-2 stealth bombers and submarine-launched missiles. The Prime Minister and Foreign Secretary David Lammy had sought to persuade Mr Trump's administration from holding off on joining Israel in striking Iran, arguing for de-escalation and a diplomatic process. But Mr Trump pushed ahead with the action anyway, which he claimed had 'completely and fully obliterated' key nuclear facilities. Iran's nuclear programme is a grave threat to international security. Iran can never be allowed to develop a nuclear weapon and the US has taken action to alleviate that threat. The situation in the Middle East remains volatile and stability in the region is a priority. We call… — Keir Starmer (@Keir_Starmer) June 22, 2025 The Prime Minister said: 'Iran's nuclear programme is a grave threat to international security. 'Iran can never be allowed to develop a nuclear weapon and the US has taken action to alleviate that threat. 'The situation in the Middle East remains volatile and stability in the region is a priority. 'We call on Iran to return to the negotiating table and reach a diplomatic solution to end this crisis.' Cabinet minister Jonathan Reynolds would not say the UK supported the military action nor whether he believed the US strikes were legal. Asked on the BBC's Sunday With Laura Kuenssberg if the US action was a good thing, he said: 'The outcome. It isn't the means by which anyone in the British Government would have wanted to see this occur.' Pushed on whether the US strike was legal, he said: 'It is where we are today.' He said it would be 'naive' to think the risk of Iranian-backed terrorism in the UK will not increase as a result of the US and Israeli action. The Business Secretary told Sky News: 'This is not hypothetical. There is not a week goes by without some sort of Iranian cyber attack on a key part of UK critical national infrastructure. 'There is Iranian activity on the streets of the UK, which is wholly unacceptable.' He added: 'It's already at a significant level. I think it would be naive to say that that wouldn't potentially increase.' — Rapid Response 47 (@RapidResponse47) June 22, 2025 The US attacked Fordo, Isfahan and Natanz which are linked to Iran's nuclear programme. The Tehran regime has insisted its nuclear programme is peaceful but its uranium enrichment process has gone far beyond what is required for power stations. In an address to the nation from the White House, Mr Trump warned there could be further strikes if Iran retaliates: 'There will either be peace or there will be tragedy for Iran.' The strikes followed a build-up of US military equipment, with B-2 stealth bombers – which are the only aircraft to carry a 30,000-pound bunker buster bomb – reportedly used to target the underground facilities. The aircraft have previously used the UK-US airbase on Diego Garcia, one of the Chagos Islands, but it is understood that was not involved in these strikes. The attack on Iran also involved US submarines, which launched around 30 Tomahawk cruise missiles. Mr Trump's move towards military action came despite Sir Keir's pleas for diplomacy and his repeated calls for de-escalation. On Thursday the Prime Minister warned of a 'real risk of escalation' in the conflict, adding there had previously been 'several rounds of discussions' with Washington and 'that, to me, is the way to resolve this issue'. Statement by the Ministry of Foreign Affairs of the Islamic Republic of #Iran concerning the #UnitedStates military aggression against Iran's peaceful nuclear facilities بسم الله الرحمن الرحیم The Ministry of Foreign Affairs of the… — Foreign Ministry, Islamic Republic of Iran 🇮🇷 (@IRIMFA_EN) June 22, 2025 The Foreign Secretary urged the US to pull back from the brink on a visit to Washington for talks with counterpart Marco Rubio before heading to talks with Iran on Friday alongside European allies. Conservative leader Kemi Badenoch said: 'By targeting Iran's nuclear sites, the US has taken decisive action against a regime that fuels global terror and directly threatens the UK. 'Iranian operatives have plotted murders and attacks on British soil. We should stand firmly with the US and Israel.' By targeting Iran's nuclear sites, the US has taken decisive action against a regime that fuels global terror and directly threatens the UK. Iranian operatives have plotted murders and attacks on British soil. We should stand firmly with the US and Israel. — Kemi Badenoch (@KemiBadenoch) June 22, 2025 Reform UK leader Nigel Farage also backed Mr Trump's decision to strike Iran. He said: 'Iran must not be allowed to have nuclear weapons, the future of Israel depends on it.' Scotland's First Minister John Swinney called for diplomacy, saying the Middle East conflict has reached 'an alarmingly greater level of danger after the US attacks on Iran'. Iran launched a ballistic missile barrage against Israel in retaliation to the US action. The foreign ministry in Tehran issued a statement condemning 'the United States' brutal military aggression against Iran's peaceful nuclear facilities'. It added: 'The Islamic Republic of Iran is resolved to defend Iran's territory, sovereignty, security and people by all force and means against the United States' criminal aggression.'
Yahoo
33 minutes ago
- Yahoo
US strikes 3 Iranian nuclear sites, inserting itself into Israel's war with Iran
DUBAI, United Arab Emirates (AP) — The United States attacked three sites in Iran early Sunday, inserting itself into Israel's war aimed at destroying the Iranian nuclear program in a risky gambit to weaken a longtime foe that prompted fears of a wider regional conflict as Tehran accused Washington of launching "a dangerous war.' U.S. President Donald Trump asserted that Iran's key nuclear sites were 'completely and fully obliterated' in an address to the nation from the White House. Iran's Foreign Minister Abbas Araghchi said the time for diplomacy had passed and that his country had the right to defend itself. 'The warmongering, a lawless administration in Washington is solely and fully responsible for the dangerous consequences and far reaching implications of its act of aggression,' he said at a news briefing at a conference in Turkey in the first comments by a high-ranking Iranian official since the strikes. Araghchi also said that 'there is no red line' that the U.S. has not crossed — and that "the most dangerous one was what happened only last night when they crossed a very big red line by attacking nuclear facilities only.' The Atomic Energy Organization of Iran confirmed that attacks took place on its Fordo, Isfahan and Natanz sites, but it insisted that its nuclear program will not be stopped. Iran and the U.N. nuclear watchdog said there were no immediate signs of radioactive contamination at the three locations following the strikes. Satellite images taken after the American attack, analyzed by The Associated Press, show damage to the entryways to the Fordo facility, which is dug deep into a mountain, while light gray smoke lingered in the air. The images by Planet Labs PBC also appeared to show damage to the mountain itself, apparently blocking its entry tunnels, which means Iran would have to dig out the facility to reach anything inside. It was not clear whether the U.S. would continue attacking Iran alongside its ally Israel, which has been engaged in a war with Iran for nine days. Countries around the globe are calling for diplomacy and no further escalation. Trump acted without congressional authorization, and he also warned there would be additional strikes if Tehran retaliated against U.S. forces. 'There will either be peace or there will be tragedy for Iran,' he said. Iran's Foreign Ministry said Washington had 'betrayed diplomacy' with the military strikes in support of Israel, and said that 'the U.S. has itself launched a dangerous war against Iran' now. 'The Islamic Republic of Iran reserves its right to resist with full force against U.S. military aggression and the crimes committed by this rogue regime, and to defend Iran's security and national interests,' the ministry said in a lengthy statement. Hours after the American attacks, Iran's paramilitary Revolutionary Guard said it launched a barrage of 40 missiles at Israel, including its Khorramshahr-4, which can carry multiple warheads. Israeli authorities reported that more than 80 people suffered mostly minor injuries, though one multi-story building in Tel Aviv was significantly damaged, with its entire façade torn away to expose the apartments inside. Houses across the street were almost completely destroyed. Following the Iranian barrage, Israel's military said it had 'swiftly neutralized' the Iranian missile launchers that had fired, and that it had begun a series of strikes toward military targets in western Iran. The US helped Israel strike Iran's toughest nuclear site Iran has maintained that its nuclear program is for peaceful purposes only, and U.S. intelligence agencies have assessed that Tehran is not actively pursuing a bomb. However, Trump and Israeli leaders have argued that Iran could quickly assemble a nuclear weapon, making it an imminent threat. The decision to directly involve the U.S. in the war comes after more than a week of strikes by Israel that significantly degraded Iran's air defenses and offensive missile capabilities, and damaged its nuclear enrichment facilities. But U.S. and Israeli officials have said American B-2 stealth bombers and the 30,000-pound (13,500-kilogram) bunker-buster bomb that only they have been configured to carry offered the best chance of destroying heavily fortified sites connected to the Iranian nuclear program buried deep underground. Trump appears to have made the calculation — at the prodding of Israeli officials and many Republican lawmakers — that Israel's operation had softened the ground and presented a perhaps unparalleled opportunity to set back Iran's nuclear program, perhaps permanently. 'We have completed our very successful attack on the three Nuclear sites in Iran, including Fordow, Natanz, and Esfahan," Trump said in a post on social media, using common alternate spellings for two of the sites. "All planes are now outside of Iran air space. A full payload of BOMBS was dropped on the primary site, Fordow. All planes are safely on their way home.' Trump added in a later post: 'This is an HISTORIC MOMENT FOR THE UNITED STATES OF AMERICA, ISRAEL, AND THE WORLD. IRAN MUST NOW AGREE TO END THIS WAR. THANK YOU!' Israel announced Sunday that it had closed its airspace to both inbound and outbound flights in the wake of the U.S. attacks. The White House and Pentagon did not immediately elaborate on the operation. U.S. military leaders are scheduled to provide a briefing at 8 a.m. Eastern. The attack used bunker-buster bombs on Iran's Fordo nuclear fuel enrichment plant that is built deep into a mountain, a U.S. official said. The weapons are designed to penetrate the ground before exploding. The official spoke on condition of anonymity to discuss military operations. In addition, U.S. submarines launched about 30 Tomahawk missiles, according to another U.S. official who also spoke on condition of anonymity. The International Atomic Energy Agency wrote on X that there has been 'no increase in off-site radiation levels' after the strikes but that it would continue to monitor the situation. Trump's turn to strikes departs from some previous statements The decision to attack was a risky one for Trump, who won the White House partially on the promise of keeping America out of costly foreign conflicts and scoffed at the value of American interventionism. But Trump also vowed that he would not allow Iran to obtain a nuclear weapon, and he had initially hoped that the threat of force would bring the country's leaders to give up its nuclear program peacefully. For months, Trump said he was dedicated to a diplomatic push to persuade Iran to give up its nuclear ambitions. And he twice — in April and again in late May — persuaded Netanyahu to hold off on military action against Iran and give diplomacy more time. After Israel began striking Iran, Trump went from publicly expressing hope that the moment could be a 'second chance' for Iran to make a deal to delivering explicit threats on Khamenei and making calls for Tehran's unconditional surrender. He has bristled at criticism from some supporters who have suggested that further U.S. involvement would be a betrayal to those who were drawn to his promise to end U.S. involvement in expensive and endless wars. Israeli Prime Minister Benjamin Netanyahu praised Trump's decision to attack in a video message directed at the American president. 'Your bold decision to target Iran's nuclear facilities, with the awesome and righteous might of the United States, will change history,' he said. Netanyahu said the U.S. 'has done what no other country on earth could do.' Fears of a broader war U.N. Secretary-General Antonio Guterres called the strikes a 'dangerous escalation,' as world leaders began chiming in with calls for diplomacy. 'There is a growing risk that this conflict could rapidly get out of control — with catastrophic consequences for civilians, the region and the world,' he said in a statement. Iranian-backed Houthi rebels in Yemen, who had threatened to resume attacks on U.S. vessels in the Red Sea if the Trump administration joined Israel's military campaign, called on other Muslim nations to form 'one front against the Zionist-American arrogance." Iran's Supreme Leader Ayatollah Ali Khamenei had warned the United States on Wednesday that strikes targeting the Islamic Republic will 'result in irreparable damage for them.' And Iranian Foreign Ministry spokesman Esmail Baghaei declared 'any American intervention would be a recipe for an all-out war in the region." The Israeli military said Saturday it was preparing for the possibility of a lengthy war, while Iran's foreign minister warned before the U.S. attack that American military involvement 'would be very, very dangerous for everyone.' Israeli strikes on Iran have killed at least 865 people and wounded 3,396 others, according to the Washington-based group Human Rights Activists. The group said of those dead, it identified 363 civilians and 215 security force personnel. Trump's decision for direct U.S. military intervention comes after his administration made an unsuccessful two-month push — including with high-level, direct negotiations with the Iranians — aimed at persuading Tehran to curb its nuclear program. During his previous administration, Trump pulled the U.S. unilaterally out of the 2015 nuclear deal with Iran, prompting Tehran to begin enriching uranium to higher levels and restrict the access of IAEA inspectors to its facilities. ___ Madhani reported from Morristown, N.J. Associated Press writers Nasser Karimi, Mehdi Fattahi and Amir Vahdat in Iran; Julia Frankel in Jerusalem; Melanie Lidman in Tel Aviv; Lolita Baldor in Narragansett, Rhode Island; Samy Magdy in Cairo; and Farnoush Amiri in Dubai contributed to this story. David Rising, Jon Gambrell And Aamer Madhani, The Associated Press
Fox News
42 minutes ago
- Fox News
Brandon Lake explains inspiration behind his new ‘King of Hearts' album
All times eastern FOX News Radio Live Channel Coverage WATCH LIVE: Sen Sanders holds 'Fighting Oligarchy' rally in McAllen, Texas
