A court of appeal Thursday allowed President Donald Trump to keep control of the national guard troops which he deployed in Los Angeles following demonstrations against immigration raids.
The decision stops a decision by a judge of the lower jurisdiction who noted that Mr. Trump acted illegally when he activated the soldiers on the opposition of the Governor of California Gavin Newsom.
The deployment was the first by a president of a national state guard without the permission of the governor since 1965.
In his decision, a panel of three judges of the 9th Circuit Court of American Appeals concluded unanimously that he was probably legally exercised by his authority to federate control of the guard.
He said that even if the presidents do not have an unhindered power to take control of a state custody, the Trump administration had presented enough evidence to show that it had a defensible justification to do so, quoting violent acts of the demonstrators.
“The undisputed facts demonstrate that before the deployment of the National Guard, the demonstrators pinned” several federal officers and launched “pieces of concrete, bottles of liquid and other objects” among officers. Protesters also damaged the federal buildings and caused the closure of at least one federal building. And a federal van was also attacked by demonstrators who broke the van, “wrote the court. “The federal government’s interest in preventing incidents like these is important.”
He also found that even if the federal government had not informed the Governor of California before federating the National Guard, as required by the law, Mr. Newsom did not have the power of veto to the president’s order.
Trump celebrated the decision on his social platform of truth, calling him a “great victory”.
He wrote that “everywhere in the United States, if our cities and employees need protection, we are those who give them if the local police cannot, for any reason, to do the work.”
Mr. Newsom published a declaration that expressed his disappointment that the Trump authorizes Mr. Trump to keep the custody control. But he also hosted an aspect of the decision.
“The court rightly rejected [Mr.] Trump’s assertion that he can do whatever he wants with the National Guard and not to have to explain a court, “said Mr. Newsom.” The president is not a king and is not above the law. We will advance our challenge to the authoritarian use of President Trump of American military soldiers against citizens. »»
The case could have wider implications on the president’s power to deploy soldiers in the United States after Mr. Trump ordered immigration officials to prioritize other democratic cities.
Trump, a Republican, argued that the troops were necessary to restore order. Newsom, a democrat, said that this decision ignited tensions, the local authorities and wastes resources. The demonstrations have since seemed to end.
Two judges of the appeal committee were appointed by Mr. Trump during his first mandate. During the oral arguments on June 17, the three judges suggested that the presidents have wide latitude under the federal law in question and that the courts should be reluctant to intervene.
The case began when Mr. Newsom continued to block Mr. Trump’s command, and he won a first victory by the American district judge Charles Breyer in San Francisco.
Mr. Breyer noted that Mr. Trump had exceeded his legal authority, who, according to him, only allows presidents to take control during “rebellion or danger of rebellion”.
“The demonstrations in Los Angeles are not far from” rebellion “,” wrote Mr. Breyer, who was appointed by former president Bill Clinton and is brother of the Supreme Court to retire Stephen Breyer.
The Trump administration, however, argued that the courts cannot guess the president’s decisions and quickly obtained a temporary judgment of the Court of Appeal.
The decision means control of the California National Guard will remain in federal hands while the trial continues to take place.
This story was reported by the Associated Press.
