Latest news with #CaliforniaProtests
Yahoo
11 hours ago
- Politics
- Yahoo
Appeals court sides with Trump on National Guard deployment in LA
The Ninth Circuit U.S. Court of Appeals has sided with President Donald Trump after California Governor Gavin Newsom sued his administration for deploying 4,000 National Guard troops during mass anti-ICE protests in Los Angeles that erupted earlier this month. 'We conclude that it is likely that the president lawfully exercised his statutory authority' by deploying the Guard, the appeals court wrote in a ruling late Thursday. The judges cited a federal law allowing the federalization of the Guard when 'the president is unable with the regular forces to execute the laws of the United States.' Additionally, the judges wrote that Defense Secretary Pete Hegseth notifying the Adjutant General of the California National Guard, 'likely satisfied the statute's procedural requirement that federalization orders be issued 'through' the Governor.' The appeals court order indefinitely blocks a previous order from U.S. District Judge Charles R. Breyer. Breyer ruled last Thursday that Trump's actions 'were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.' 'He must therefore return control of the California National Guard to the Governor of the State of California forthwith,' the judge wrote. The Trump administration quickly appealed Breyer's order, prompting the appeals court to temporarily pause the ruling the same night Breyer handed it down. During a previous hearing before Breyer, an attorney for California claimed the Trump administration was attempting a 'dangerous expansion of executive power' with its deployment of the Guard. Trump's team argued that the president rightfully used his powers as commander-in-chief of the armed forces, and it communicated its orders to the state official responsible for the Guard. At one point in the hearing, Breyer suggested political leaders making decisions without checks and balances were more like the king against whom the 13 colonies revolted during the American Revolution. 'That's the difference between a Constitutional government and King George,' Breyer said, per Politico. 'It's not that a leader can simply say something and it becomes it.' The Independent's Alex Woodward contributed reporting.
The Independent
2 days ago
- Politics
- The Independent
Appeals court sides with Trump on National Guard deployment in LA
The Ninth Circuit U.S. Court of Appeals has sided with President Donald Trump after California Governor Gavin Newsom sued his administration for deploying 4,000 National Guard troops during mass anti-ICE protests in Los Angeles that erupted earlier this month. 'We conclude that it is likely that the president lawfully exercised his statutory authority' by deploying the Guard, the appeals court wrote in a ruling late Thursday. The judges cited a federal law allowing the federalization of the Guard when 'the president is unable with the regular forces to execute the laws of the United States.' Additionally, the judges wrote that Defense Secretary Pete Hegseth notifying the Adjutant General of the California National Guard, 'likely satisfied the statute's procedural requirement that federalization orders be issued 'through' the Governor.' The appeals court order indefinitely blocks a previous order from U.S. District Judge Charles R. Breyer. Breyer ruled last Thursday that Trump's actions 'were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution.' 'He must therefore return control of the California National Guard to the Governor of the State of California forthwith,' the judge wrote. The Trump administration quickly appealed Breyer's order, prompting the appeals court to temporarily pause the ruling the same night Breyer handed it down. During a previous hearing before Breyer, an attorney for California claimed the Trump administration was attempting a 'dangerous expansion of executive power' with its deployment of the Guard. Trump's team argued that the president rightfully used his powers as commander-in-chief of the armed forces, and it communicated its orders to the state official responsible for the Guard. At one point in the hearing, Breyer suggested political leaders making decisions without checks and balances were more like the king against whom the 13 colonies revolted during the American Revolution. 'That's the difference between a Constitutional government and King George,' Breyer said, per Politico. 'It's not that a leader can simply say something and it becomes it.' The Independent's Alex Woodward contributed reporting.
CBS News
13-06-2025
- Politics
- CBS News
Trump administration can deploy National Guard to Los Angeles for now, appeals court rules
Washington — A federal appeals court late Thursday temporarily halted a judge's ruling that had blocked the Trump administration from deploying members of the California National Guard in Los Angeles and ordered President Trump to return control to Gov. Gavin Newsom. The Trump administration can deploy the National Guard to L.A. while the court considers the administration's appeal, the Ninth Circuit Court of Appeals said late Thursday. The Ninth Circuit Court ordered a hearing before the three-judge panel for June 17 on the case. U.S. District Judge Charles Breyer found that California officials are likely to succeed in their challenge to the president's decision to federalize members of the National Guard in response to protests in Los Angeles, and granted their request to block his use of the forces to assist immigration agents during raids. "His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution," Breyer wrote of Mr. Trump in a 36-page decision. "He must therefore return control of the California National Guard to the Governor of the State of California forthwith." The judge said Mr. Trump circumvented Newsom when he called the California National Guard into federal service, and therefore did not follow the procedural requirement laid out by Congress. He put his decision on hold until noon Friday. The Justice Department swiftly notified the court it was appealing the order, which it did later Thursday night, asking the Ninth Circuit Court of Appeals to intervene. The appeals court granted an administrative stay in response to the government's emergency motion. "The National Guard will come back under my authority by noon tomorrow," Newsom told reporters in a news briefing in San Francisco Thursday evening, following Breyer's ruling, but prior to the appeals court's decision. "The National Guard will be redeployed to what they were doing before Donald Trump commandeered them." "We're gratified," Newsom said. "Today is a big day for the Constitution of the United States, for our democracy. And I hope it's the beginning of a new day in this country where we push back against overreach, we push back against these authoritarian tendencies of a president that has pushed the boundaries, pushed the limit, but no longer can push this state around any longer." Breyer issued his decision hours after holding a hearing in San Francisco, which marked the first test of Mr. Trump's decision to place more than 4,000 members of the California National Guard under federal control and send 700 active-duty Marines to Los Angeles to protect Immigration and Customs Enforcement agents as they conduct immigration arrests. The Trump administration's immigration crackdown sparked protests in California's largest city, which the president said in a June 7 memorandum constitutes "a form of rebellion against" the U.S. that allowed him to call up the National Guard under Title 10. Since the president deployed the National Guard to Los Angeles, protests have popped up in a number of other cities, including Austin, Boston and New York City. Los Angeles Mayor Karen Bass imposed an 8 p.m. curfew on Tuesday and Wednesday. The Los Angeles Police Department said there have been at least 400 arrests since Saturday stemming from protests and other criminal activity in the downtown area. Breyer's order only covered National Guard members, and he had indicated during the hearing that concerns about the potential actions of the Marines who have been sent to Los Angeles are so far speculative. During the proceedings, Breyer at times appeared uncomfortable with the assertion from Justice Department lawyer Brett Shumate that courts cannot review whether Mr. Trump's decision to call in the National Guard complies with Title 10. "It's not that a leader can simply say something and it becomes it," he said. "How is that any different than what a monarchist does?" The judge continued: "This country was founded in response to a monarchy and the Constitution is a document of limitations … and an enunciation of rights." Title 10 lays out three circumstances under which the National Guard can be called into federal service: when the U.S. is invaded or in danger of invasion by a foreign nation; when there is a rebellion or danger of a rebellion against the authority of the U.S.; or when the president is unable with the regular forces to execute the laws. The measure then states the president "may call into federal service members and units of the National Guard of any state in such numbers as he considers necessary to repel the invasion, suppress the rebellion or execute those laws." It says orders "shall be issued through" the governor. Breyer indicated that the structure of the law undercuts the Justice Department's assertion that Title 10 gives the president complete discretion and allows him to bypass Newsom, who is the commander-in-chief of the state's National Guard. "My point is if it were read the way the government has urged me to read it, it would've been rewritten entirely differently," he said. Shumate, meanwhile, argued that there is one commander-in-chief of the Armed Forces, the president, and when he makes a decision, states are "subservient" to it. He described Newsom as a "conduit" who cannot countermand the president's orders. In his decision, Breyer wrote that the protests in Los Angeles "fall far short" of rebellion, as Mr. Trump claimed in his memorandum invoking Title 10. The administration, Breyer said, did not identify a "violent, armed, organized, open and avowed uprising against the government as a whole." "The definition of rebellion is unmet," Breyer wrote. "Moreover, the court is troubled by the implication inherent in defendants' argument that protest against the federal government, a core civil liberty protected by the First Amendment, can justify a finding of rebellion." In his remarks Thursday, Newsom said, "Clearly there's no invasion, there's no rebellion, it's absurd." Mr. Trump has argued that the military had to be sent into Los Angeles to protect ICE and other federal employees performing their duties, as well as government property. But the decision has escalated tensions with Newsom, a Democrat, who claimed the presence of the military in city streets threatened to destabilize the community and lead to an escalation. Newsom's lawsuit Newsom sued the Trump administration over the president's move and asked Breyer, who is presiding over the case, for early intervention Tuesday. The governor argued that Mr. Trump "unlawfully bypassed" him when the president called the National Guard into service without his permission and said the federal law invoked by Mr. Trump to deploy the troops — Title 10 — does not give him the authority to do so under the current circumstances. Newsom had asked Breyer, appointed by President Bill Clinton, to temporarily limit troops to providing indirect assistance to federal officials by protecting immigration detention facilities or other federal buildings, or defending government employees at risk of physical harm. California officials want the judge to block the military from assisting in law-enforcement functions such as executing warrants, arrests, searches or checkpoints. "These unlawful deployments have already proven to be a deeply inflammatory and unnecessary provocation, anathema to our laws limiting the use [of] federal forces for law enforcement, rather than a means of restoring calm," California Attorney General Rob Bonta wrote in a filing. "Federal antagonization, through the presence of soldiers in the streets, has already caused real and irreparable damage to the city of Los Angeles, the people who live there, and the State of California. They must be stopped, immediately." Breyer declined to immediately grant California officials relief and instead set a hearing for Thursday afternoon to consider the request. Nicholas Green, a lawyer with the state of California, said Mr. Trump's move to deploy the National Guard to Los Angeles marks an "expansive, dangerous conception of federal executive power." He said that the governor's office had received information that 140 Marines will replace and relieve National Guard members in Los Angeles within the next 24 hours. In a filing submitted to the court, the Trump administration called Newsom's request for relief a "crass political stunt endangering American lives." "There is no rioters' veto to enforcement of federal law. And the president has every right under the Constitution and by statute to call forth the National Guard and Marines to quell lawless violence directed against enforcement of federal law," Justice Department lawyers wrote. During testimony on Capitol Hill, Defense Secretary Pete Hegseth was asked whether he would abide by the judge's decision on the president's use of military forces in Los Angeles in response to the protests. Hegseth declined to definitively say and instead criticized federal judges. "We've always looked at the decisions of the court," he said, adding "we should not have local judges determining foreign policy or national security policy for the country." Military officials have said that the Marines on the ground in Los Angeles do not have the authority to arrest people and are there to protect federal property and personnel. U.S. law prohibits the use of active-duty military for domestic law enforcement purposes unless the president invokes the Insurrection Act. Mr. Trump suggested earlier this week that he would use the law, which dates back to 1792, "if there's an insurrection." As of Wednesday, roughly 2,800 National Guard and Marines are serving under the command of Task Force 51 and have been trained in de-escalation, crowd control and standing rules for the use of force, according to U.S. Northern Command. There are an additional 2,000 to-be-identified National Guardsmen under federal command, according to the Defense Department. The task force's mission is to protect federal personnel and property in the greater Los Angeles-area, and members have accompanied ICE on missions, according to U.S. Northern Command. It said the forces do not conduct civilian law enforcement functions, but can temporarily detain a person in "specific circumstances," such as to stop an assault or prevent interference with federal personnel performing their duties. "They protect; they don't participate," it said in a statement Wednesday. Homeland Security Secretary Kristi Noem said during a news conference in Los Angeles that immigration authorities have "tens of thousands of targets," but declined to say how many migrants have been arrested. Two officials with the Department of Homeland Security confirmed to CBS News on Wednesday that 330 migrants who are in the U.S. unlawfully have been arrested in Los Angeles since Friday, and 113 of them had prior criminal convictions.
Yahoo
10-06-2025
- Politics
- Yahoo
Dem governor hopefuls vow to resist Trump as California chaos becomes NJ campaign issue
The chaos unfolding in California seeped onto the New Jersey campaign trail Tuesday as Democratic gubernatorial candidates pitched their plan to resist President Donald Trump. Tuesday is primary Election Day in the Garden State, and the race to replace Gov. Phil Murphy is on. Murphy, who is term-limited this year, is one of several Democratic governors leading blue-state resistance to Trump's second term and his flurry of executive actions. Two candidates vying for an opportunity to fill Murphy's shoes – Rep. Mikie Sherrill and Rep. Josh Gottheimer, both U.S. representatives from New Jersey – defended California Gov. Gavin Newsom's response to the protests and riots impeding U.S. Immigration and Customs Enforcement (ICE) operations in Los Angeles. When asked how she would handle the ongoing situation in Los Angeles differently from Newsom, Sherrill touted her military and law enforcement background and told Fox News Digital she would stand up "strongly in favor of keeping people here in the state safe," return safety to the streets and continue "speaking out against a president who is trying to create violence in the country." Democratic Strategist Warns His Party That La Riots Are Playing Into Trump's Hands Sherrill is a U.S. Navy veteran and served in the U.S. Attorney's Office in New Jersey as an outreach and re-entry coordinator, which she described as prosecuting federal cases and advising law enforcement on investigations. Read On The Fox News App Trump Takes Action Against 'Orchestrated Attack' On Law Enforcement By Deploying Marines To La: Assemblyman Trump said this weekend it would be a "great thing" if Newsom was arrested. After casting her ballot in Montclair on Tuesday morning, Sherrill called Trump's comments "ridiculous." "It should concern everyone," Sherrill said. The Trump administration has ordered National Guardsmen and Marines to Los Angeles following days of escalating anti-ICE protests and riots. "Governor Newsom surged law enforcement in, and what Trump seems to be doing is trying to add fuel to the fire and really make the situation violent and bad," Sherrill told reporters. "That's completely unacceptable." Also in the Garden State on Tuesday afternoon, Gottheimer said it was "outrageous" for Trump to send the National Guard to California without Newsom's request. "The fact that the president, for the first time since 1965, sent troops in from the National Guard without a request from the governor is outrageous. It's just more chaos that we're used to having in this administration. It's not how I would approach this," Gottheimer told Fox News Digital after voting in Tenafly. The last time a sitting U.S. president used his federal authority to deploy the National Guard without the governor's request was during the civil rights march from Selma to Montgomery in 1965. Gottheimer said his primary focus is on protecting New Jersey families, and that priority would guide his leadership through any situation if elected governor. Both candidates on Tuesday said they were best positioned to take on Trump. While Sherrill said she is the candidate willing to resist the status quo, Gottheimer pitched himself as the "tenacious" leader to actually beat the Republican nominee this fall. In addition to Sherrill and Gottheimer, Democratic gubernatorial candidates for New Jersey include Newark Mayor Ras Baraka, Jersey City Mayor Steve Fulop, New Jersey Education Association President Sean Spiller and former state Senate President Steve Sweeney. Baraka was arrested for trespassing at an ICE facility in Newark this year, another example of Trump's immigration policies taking center stage in the New Jersey governor's race. Last week, Baraka filed a lawsuit against Alina Habba, U.S. Attorney for the District of New Jersey, and Department of Homeland Security (DHS) Agent Ricky Patel "for false arrest, malicious prosecution, and defamation." And Spiller said on X the situation in LA is "not normal" and vowed to stand up for New Jersey against Trump and his "tactics that are real threats" if elected governor. "From ICE tearing apart families to the President sending out the National Guard - over the objection of the Governor - and now apparently contemplating deploying Marines on our people - we have to stand up in solidarity and defend our democracy," Spiller said. Fox News' Kirill Clark contributed to this report. Original article source: Dem governor hopefuls vow to resist Trump as California chaos becomes NJ campaign issue
The Independent
10-06-2025
- Politics
- The Independent
Mike Johnson claims that Gavin Newsom ‘ought to be tarred and feathered' over LA protests
House Speaker Mike Johnson said on Tuesday that California Governor Gavin Newsom should be 'tarred and feathered,' even as he criticized the Democrat for allegedly not doing enough to uphold law and order in the face of the ongoing L.A. protests. The comments mark the latest escalation in a war of words between Newsom and the Republican party, after White House border czar Tom Homan suggested over the weekend that California officials might be arrested if they impeded immigration enforcement, and Newsom responded by daring 'tough guy' federal officials like Homan to detain him. (Homan later said his comments had been blown out of proportion, and that Newsom hadn't done anything warranting arrest.) 'I'm not going to give you legal analysis on whether Gavin Newsom should be arrested, but he ought to be tarred and feathered,' Johnson said during a press conference in Washington, when asked about the fiery back-and-forth. 'The governor is now filing a lawsuit against the president. What a joke,' Johnson continued, referring to the lawsuit California filed Monday against the Trump administration's decision to unilaterally use the state's National Guard to respond to the protests. 'Do your job man, that's what I'd tell Gavin Newsom. Stop working on your rebranding. Be a governor. Stand up for the rule of law.' Tarring and feathering refers to a form of brutal mob violence made famous during the American Revolution, in which crowds would douse their enemies in hot tar and then cover them in feathers as a form of public punishment and humiliation. 'Good to know we're skipping the arrest and going straight for the 1700's style forms of punishment,' Newsom responded on X to the comment. 'A fitting threat given the @GOP want to bring our country back to the 18th Century.' As thousands of police officers, federalized National Guard troops, and Marines descend on Los Angeles in the face of the protests, leaders in both parties have engaged in a parallel effort to dominate the political framing of the crisis. Democrats like Newsom and Los Angeles Mayor Karen Bass argue that the Trump administration's aggressive immigration tactics — which have included large-scale raids and carrying out arrests at sensitive locations like courthouses and immigration offices — triggered the protests in the first place, a situation only made worse by the provocative decision to federalize the state's National Guard troops over the objection of local officials. 'This is chaos that was started in Washington,' Bass said Monday, accusing Trump of using Los Angeles as an 'experiment' to test how far he could go in seizing local power. Senator John Fetterman, meanwhile, accused his fellow Democrats of losing 'the moral high ground' when Democrats 'refuse to condemn setting cars on fire, destroying buildings, and assaulting law enforcement.' 'I unapologetically stand for free speech, peaceful demonstrations, and immigration—but this is not that,' he wrote on X. 'This is anarchy and true chaos.' On the other side, figures like White House deputy chief of staff Stephen Miller have framed these Democratic criticisms as a form of insurrection against federal authority. 'Los Angeles and California are demanding the nullification of the election results, of federal law, of national sovereignty, and of the bedrock constitutional command of one national government,' Miller wrote on X on Tuesday. President Trump has said he's open to invoking the Insurrection Act, which would mark yet another dramatic escalation in federal emergency powers being used, allowing active-duty military members to be involved in making arrests.
