By Euronews with AP
Published on
A US appeals court has allowed President Donald Trump to maintain control of the National Guard in Los Angeles, following a challenge to their deployment by the state’s governor.
Trump called in the troops following protests over immigration raids. The decision halts a ruling from a lower court judge who found the president acted illegally in doing so.
The National Guard deployment was the first by a US president without the governor’s permission since 1965.
In its decision, a three-judge panel on the 9th US Circuit Court of Appeals unanimously concluded it was likely Trump lawfully exercised his authority in federalising control of the guard.
It said that while presidents don’t have unfettered power to seize control of a state’s guard, the Trump administration had presented enough evidence to show it had a defensible rationale for doing so, citing violent acts by protesters.
“The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers,” the court wrote in an explanation of its decision.
“Protesters also damaged federal buildings and caused the closure of at least one federal building. And a federal van was attacked by protesters who smashed in the van’s windows,” the court added. “The federal government’s interest in preventing incidents like these is significant.”
It also found that even if the federal government failed to notify California Governor Gavin Newsom before federalising the National Guard as required by law, he had no power to veto the president’s order.
A question of authority?
Trump celebrated the decision on his Truth Social platform, calling it a “big win.”
He wrote that “all over the United States, if our cities, and our people, need protection, we are the ones to give it to them should state and local police be unable, for whatever reason, to get the job done.”
Newsom issued a statement expressing disappointment that the court is allowing Trump to retain control of the National Guard. But he also welcomed one aspect of the decision.
“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said. “
The president is not a king and is not above the law. We will press forward with our challenge to President Trump’s authoritarian use of US military soldiers against citizens.”
The court case could have broader implications on the president’s power to deploy soldiers within the US after Trump directed immigration officials to prioritise deportations from other Democratic-run cities.
Trump argued that the troops were necessary to restore order. Newsom said the move inflamed tensions, usurped local authority and wasted resources. The protests have since appeared to be winding down.
