Latest news with #JudgeBreyer
Fox News
40 minutes ago
- Politics
- Fox News
Trump and Newsom on collision course as fight over National Guard intensifies in court
President Donald Trump and California Gov. Gavin Newsom are headed for another legal clash next week after the president activated the National Guard to respond to anti-immigration enforcement protests and riots in Los Angeles. The anticipated showdown will take place on Tuesday and comes after Judge Charles Breyer, a Clinton appointee, ruled Thursday night that Trump's use of the National Guard was illegal and ordered the president to temporarily relinquish control of the soldiers. Newsom, a Democrat, celebrated the ruling, saying Trump had deployed the National Guard to his state out of "vanity" and to "instill fear" and to "incite a response." But Newsom's win was short-lived as the U.S. Court of Appeals for the Ninth Circuit quickly put Breyer's decision on hold in a matter of hours. The appellate court's stay will remain in place at least through Tuesday, when attorneys for the California Attorney General's Office and the Trump administration argue before a three-judge panel about whether the court should grant a longer-term stay. Judges Mark Bennett and Eric Miller, both Trump appointees, and Judge Jennifer Sung, a Biden appointee, will hear the arguments. For now, Trump and Secretary of Defense Pete Hegseth can continue to deploy thousands of National Guard soldiers in California, as well as hundreds of Marines. Trump and Hegseth indicated in court papers that military forces would be used strictly to protect federal personnel and federal buildings as they faced attacks by anti-Immigration and Customs Enforcement (ICE) rioters in recent days. Department of Justice (DOJ) attorneys argued that a judge's decision to block the Trump administration from carrying out these military activities "would judicially countermand the Commander in Chief's military directives," especially if the decision were issued through a temporary restraining order, like what Breyer issued Thursday night. "That would be unprecedented. It would be constitutionally anathema. And it would be dangerous," the DOJ attorneys said. The decision by Breyer, the 83-year-old brother of retired liberal Justice Stephen Breyer, was met with skepticism by some. Attorney Ed Whelan, a right-of-center former DOJ official, said in remarks online that it was "far more sweeping" than he had expected. Whelan said a significant legal fight could be brewing over the provision of Title 10 that Trump used to federalize the National Guard. Typically, presidents deploy National Guard members with a governor's consent, but the law leaves room for debate on whether the governor's permission is required. Whelan speculated that Trump could attempt to use another provision of Title 10, the Insurrection Act, to bypass the court proceedings. "10 USC 252 seems to give him much freer authority," Whelan said, citing the insurrection law. The National Guard fight comes against the backdrop of Trump hosting a major military parade in Washington, D.C. on Saturday. The event, slated to cost tens of millions of dollars, will showcase U.S. military power and commemorate the Army's 250th birthday. Trump's birthday is also that day. Trump's critics have coined the day "No Kings Day" and are planning to voice their objections to the president's show of force at protests around the country on Saturday. California alone is expected to see dozens of protests. While Trump is in the nation's capital, the protesters will be "literally everywhere else," Ezra Levin, one of the organizers, told the left-leaning Contrarian on Substack. "It's the 250th anniversary of the Continental Army, which was formed to push back against a mad king," Levin said, noting the protests would be peaceful and serve as a recruitment tool in the "pro-Democracy fight" against Trump.
News24
a day ago
- Politics
- News24
Trump slams judge who blocked ‘illegal' use of National Guard in California
A judge blocked the Trump administration's use of the National Guard in California. But the administration quickly appealed that decision. Sporadic though spectacular violence has rocked Los Angeles. The Trump administration slammed a judge's 'extraordinary intrusion' on presidential powers on Thursday, after he ruled that the decision to send the California National Guard to protest-hit Los Angeles was 'illegal'. The ruling by US District Judge Charles Breyer ordering Donald Trump to return control of the reserve force to California's Governor Gavin Newsom infringes on the president's authority as Commander-in-Chief, the Department of Justice said in an emergency appeal. Breyer stayed his order until Friday, however, giving the administration time to launch a swift appeal. Within minutes the higher court issued its own ruling staying Breyer's order for several more days to give it time to consider the appeal, with a hearing set for 17 June. The stay means Trump would still control the National Guard in California during protests planned for Saturday. Sporadic though spectacular violence has rocked Los Angeles over days of demonstrations against immigration raids launched by the Trump administration. But the clashes fell 'far short' of the 'rebellion' the president described to justify his decision to send in the National Guard, Breyer said in a 36-page opinion released earlier on Thursday. Trump's actions 'were illegal ... He must therefore return control' of the guardsmen to Newsom, Breyer said. 'That order is an extraordinary intrusion on the president's constitutional authority as Commander in Chief,' the justice department wrote in the appeal. Newsom, however, was quick to celebrate Breyer's order - potentially a much-needed win in just one of several fronts that wealthy, Democratic California is currently fighting against the White House. Trump 'is not a monarch, he is not a king, and he should stop acting like one', the 57-year-old Democrat said. Protests over the immigration crackdown first began in Los Angeles on Friday, and were largely confined to just a few blocks of the sprawling city. Damages include vandalism, looting, clashes with law enforcement and several torched driverless taxis. Trump, who has repeatedly exaggerated the scale of the unrest, deployed 4 000 National Guard troops and 700 US Marines to Los Angeles despite the objections of local officials, claiming that the city was 'burning' and they had lost control. It was the first time since 1965 that a US president deployed the National Guard over the wishes of a state's governor. Critics have accused Trump of a power grab. But he has been unrepentant, taking credit on Thursday for making Los Angeles 'safe' and declaring that Newsom - a contender for the Democratic presidential nomination in 2028 - had 'totally lost control'.Anger at Trump's crackdown and the use of masked, armed immigration agents, backed by uniformed soldiers, is rousing protests in other cities, though Los Angeles was calm on Thursday night. The ruling came after California's stand-off with the administration ratcheted up earlier on Thursday, when a sitting US senator was handcuffed and forcibly removed from a press conference on the immigration raids. The shocking incident was slammed by furious Democrats who said it 'reeks of totalitarianism'. Video footage shows California Senator Alex Padilla, a Democrat, being pushed from the room at a federal building in Los Angeles as he tried to ask Homeland Security Secretary Kristi Noem about the raids. 'I'm Senator Alex Padilla. I have questions for the secretary,' he said as two men grappled with him in front of journalists, including from AFP. Footage filmed by Padilla's staff outside the room shows the senator being pushed to the ground and handcuffed. The incident 'reeks of totalitarianism', Senate Minority Leader Chuck Schumer said, calling for an investigation. The White House hit back, claiming it was a 'theatre-kid stunt' and claiming without evidence that Padilla 'lunged toward Secretary Noem'. Trump was elected in 2024 after promising to launch historic mass deportations. But with his mounting crackdown rippling through industries heavily reliant on immigrant labour, Trump said he had heard employers' complaints and hinted at a forthcoming policy shift. 'We're going to have an order on that pretty soon, I think,' he said. Breyer's ruling comes two days ahead of the nationwide 'No Kings' protests expected on Saturday, the same day Trump attends a highly unusual military parade in the US capital. The parade, featuring warplanes and tanks, has been organised to celebrate the 250th anniversary of the founding of the US Army but also happens to be on the day of Trump's 79th birthday.
Irish Times
a day ago
- Politics
- Irish Times
Appeals court allows Trump to keep National Guard in Los Angeles
A US appeals court on Thursday allowed president Donald Trump to maintain his deployment of National Guard troops in Los Angeles amid protests over stepped-up immigration enforcement, temporarily pausing a lower court ruling that blocked the mobilisation. The Ninth US circuit court of appeals' decision does not mean that the court will ultimately agree with Mr Trump, but it does leave command of the National Guard with the president for now. Earlier on Thursday, San Francisco-based US district judge Charles Breyer found that Mr Trump's deployment of the National Guard was unlawful. Mr Breyer's 36-page ruling had ordered the National Guard to return to the control of California governor Gavin Newsom, who had brought the case. It was a short-lived victory for Mr Newsom, as judge Breyer's order was paused about two and a half hours later. READ MORE Asked for a comment, Mr Newsom's press office referred to the governor's statement after the initial ruling, and noted that the appeals court put a temporary pause on the ruling but did not reverse it. 'I'm confident, on the basis of the review of the 36 pages – absolutely it will stand,' Mr Newsom said of the district judge's order. The three-judge appeals court panel consisted of two judges appointed by Mr Trump in his first term and one judge who was appointed by Democratic president Joe Biden. The panel said it would hold a hearing on Tuesday to consider the merits of judge Breyer's order. The court's action, called an administrative stay, gives the appeals judges additional time to consider the Trump administration's request to block judge Breyer's order while litigation in the case continues. Mr Trump summoned the National Guard on Saturday in response to protests that had broken out over immigration raids, then on Monday ordered the US Marines to support the National Guard. A battalion of 700 US Marines is expected to arrive on Friday, marking an extraordinary use of military forces to support civilian police operations within the United States. The troops have stood guard at a federal detention centre in downtown Los Angeles where many of the protests have taken place in a show of solidarity for immigrants detained inside. The protests so far have been mostly peaceful, punctuated by incidents of violence, and restricted to a few city blocks. The National Guard had also accompanied Immigration and Customs Enforcement (Ice) agents on operations to detain immigrants. In his ruling, judge Breyer wrote that the presence of the troops in the city was itself inflaming tensions with protesters – a contention made by Los Angeles Mayor Karen Bass, among others – and depriving the state of the ability to use the National Guard for other purposes. Ms Bass on Thursday called on Ice officers to stand down from the intensified series of raids that led to the protests, saying the local economy could be harmed as immigrants stayed home from work and school for fear of being snatched off the streets. 'The peace that we need to have happen needs to begin in Washington, and we need to stop the raids,' Ms Bass told a press conference as supporters flanking her broke out in a chant of 'Stop the raids'. 'Peace begins with Ice leaving Los Angeles,' said Bass, who has imposed a night-time curfew more than 2.5 sq km of downtown Los Angeles. Ms Bass spoke after department of homeland securitysSecretary Kristi Noem said she would 'liberate' Los Angeles at a press conference that was dramatically interrupted when federal agents dragged Democratic US senator Alex Padilla out of the room, forced him to the ground and handcuffed him. The court battle and press conference scuffle underscored the political polarisation generated by Mr Trump's hardline approach to immigration enforcement and expansive use of presidential power. Mr Trump is carrying out a campaign promise to deport immigrants, employing forceful tactics consistent with the norm-breaking political style that got him elected twice. Democrats have said the use of military force was unnecessary and an example of Mr Trump's authoritarianism. Americans are divided over Mr Trump's decision to activate the military. A Reuters/Ipsos poll showed 48 per cent of respondents agreed with a statement that the president should 'deploy the military to bring order to the streets' when protests turned violent, while 41 per cent disagreed. Between the rulings, Mr Newsom said the National Guard would be redeployed to its previous tasks, including border security, preparing for wildfires and countering drug smuggling. But the Trump administration immediately appealed the judge's order, calling judge Breyer's ruling 'an extraordinary intrusion on the President's constitutional authority as Commander in Chief.' Mr Trump justified the deployment of troops by characterising the protests in Los Angeles as a 'rebellion,' but judge Breyer said in his temporary restraining order that the protests fell far short of that legal standard. '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,' judge Breyer wrote. Mr Trump has said if he had not ordered in the National Guard the city would be in flames. – Reuters
Asharq Al-Awsat
a day ago
- Politics
- Asharq Al-Awsat
Trump Can Keep National Guard Deployed to Los Angeles for Now, Appeals Court Rules
A US appeals court on Thursday allowed President Donald Trump to maintain his deployment of National Guard troops in Los Angeles amid protests over stepped-up immigration enforcement, temporarily pausing a lower court ruling that blocked the mobilization. The 9th US Circuit Court of Appeals' decision does not mean that the court will ultimately agree with Trump, but it does leave command of the Guard with the president for now. Earlier on Thursday, San Francisco-based US District Judge Charles Breyer found that Trump's deployment of the Guard was unlawful. Breyer had ordered the National Guard to return to the control of California Governor Gavin Newsom, who had brought the case. It was a brief victory for Newsom, as Breyer's order was paused a short time later. The three-judge panel that paused the ruling consisted of two judges appointed by Trump in his first term and one judge who was appointed by Democratic President Joe Biden. The panel said it would hold a hearing on Tuesday to consider the merits of Breyer's order. The appeals court decision stands to leave in place the dynamic of weeklong street demonstrations that have been concentrated in downtown Los Angeles, largely at a federal detention center where National Guard troops have stood watch. The Guard had also accompanied Immigration and Customs Enforcement agents on operations. In his ruling, Breyer wrote that the presence of the troops in the city was itself inflaming tensions with protesters - a contention made by Los Angeles Mayor Karen Bass, among others -and depriving the state of the ability to use the Guard for other purposes. That ruling came hours after Department of Homeland Security Secretary Kristi Noem pledged to "liberate" Los Angeles at a press conference that was dramatically interrupted when federal agents dragged Democratic US Senator Alex Padilla out of the room, forced him to the ground and handcuffed him. The court battle and press conference scuffle underscored the political polarization generated by Trump's hardline approach to immigration enforcement and expansive use of presidential power. Trump is carrying out a campaign promise to deport immigrants, employing forceful tactics consistent with the norm-breaking political style that got him elected twice. Between the rulings, Newsom said the National Guard would be redeployed to its previous tasks, including border security, preparing for wildfires and countering drug smuggling. But the Trump administration immediately appealed the judge's order, calling Breyer's ruling "an extraordinary intrusion on the President's constitutional authority as Commander in Chief." Trump justified the deployment of troops by characterizing the protests in Los Angeles as a "rebellion," but Breyer said in a temporary restraining order that the protests fell far short of that legal standard. "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," Breyer wrote. Trump has said if he had not ordered in the National Guard the city would be in flames. The protests so far have been mostly peaceful, punctuated by incidents of violence and restricted to a few city blocks. Trump summoned the National Guard on Saturday, then the US Marines on Monday, to help federal police forces guard federal buildings from protesters and to protect federal immigration agents as they picked up suspected violators.
Associated Press
a day ago
- Politics
- Associated Press
Appeals court temporarily blocks judge's ruling to return control of National Guard to California
SAN FRANCISCO (AP) — The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge's order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids. The court said it would hold a hearing on the matter on Tuesday. The ruling came only hours after a federal judge's order was to take effect at noon Friday. Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment and exceeded Trump's statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet. California Gov. Gavin Newsom, who had asked the judge for an emergency stop to troops helping carry out immigration raids, had praised the earlier ruling. The White House had called Breyer's order 'unprecedented' and said it 'puts our brave federal officials in danger.' 'The district court has no authority to usurp the President's authority as Commander in Chief,' White House spokesperson Anna Kelly said in a statement. 'The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom's lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue.' Marines in civil disturbance training at nearby base About 700 Marines have been undergoing civil disturbance training at Naval Weapons Station Seal Beach in Orange County, California. Nicholas Green, an attorney for the state, told the court: 'I have been told by the office of the governor that within the next 24 hours, 140 Marines will replace and relieve National Guard members in Los Angeles.' Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops. Trump federalized members of the California National Guard under an authority known as Title 10. Title 10 allows the president to call the National Guard into federal service under certain limited circumstances, such as when the country 'is invaded,' when 'there is a rebellion or danger of a rebellion against the authority of the Government,' or when the president is unable 'to execute the laws of the United States.' Breyer said in his ruling that what is happening in Los Angeles does not meet the definition of a rebellion. 'The protests in Los Angeles fall far short of 'rebellion,'' he wrote. California sued the federal government Newsom sued to block the Guard's deployment against his wishes. California later filed an emergency motion asking the judge to block the Guard from assisting with immigration raids. The governor argued that the troops were originally deployed to protect federal buildings and wanted the court to block the troops from helping protect immigration agents during the raids, saying that involving the Guard would only escalate tensions and promote civil unrest. Maj. Gen. Scott Sherman, commander of Task Force 51, which is overseeing the Guard troops and Marines sent to Los Angeles, said that as of Wednesday about 500 of the Guard troops had been trained to accompany agents on immigration operations. Photos of Guard soldiers providing security for the agents have already been circulated by immigration officials. None of the Marines have been trained to go on immigration raids, and it is not yet clear if they eventually will, Sherman said. Trump improperly called up the Guard, judge says In his broad ruling, the judge determined Trump had not properly called the Guard up in the first place. The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard. Brett Shumate, an attorney for the federal government, said Trump complied with the statute by informing the general in charge of the troops of his decision and would have the authority to call in the Guard even if he had not. In a brief filed ahead of the Thursday hearing, the Justice Department said Trump's orders were not subject to judicial review. 'Courts did not interfere when President Eisenhower deployed the military to protect school desegregation. Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike. And courts should not interfere here either,' the department said. 'Our position is this is not subject to judicial review,' Shumate told the judge. Breyer, who at one point waved a copy of the Constitution, said he disagreed. '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,' he said. The protests over immigration raids in Los Angeles intensified after Trump called up the Guard and have since spread to other cities, including Boston, Chicago and Seattle.
