For a 2nd time this year, a Federal Judge is Ordering the Trump (R) Administration to End its Deployment of Federalized California National Guard Troops in Los Angeles, CA, and Return the Troops to State Control. U.S. District Court Judge Charles Breyer, Ruled Trump does Not have the Authority to Keep the CA Troops under Federal Control in the Absence of a Clear Emergency.
“It defies the record – and common sense – to conclude that risks stemming from protests – in August, October, or even present day – could not have been sufficiently managed without resorting to the National Guard,” the judge wrote in the Order on Wednesday. Breyer, a Nominee of former President Bill Clinton (D) who Sits in San Francisco, said He would Delay Enforcement of His Order until Monday at Noon PT.
The White House is Standing by its View that Trump has Sole Power to Decide when to Federalize National Guard Troops, implying it is likely to Appeal. “President Trump exercised his lawful authority to deploy National Guard troops to support federal officers and assets following violent riots that local leaders like Newscum refused to stop. We look forward to ultimate victory on the issue,” White House Spokesperson Abigail Jackson (R) said in a Statement.
The Administration initially called up the Golden State’s Militia in June, against the Wishes of Gov. Gavin Newsom (D), as Protests against Immigration Raids were Roiling Los Angeles and Surrounding Communities.
Breyer initially Ruled this Summer, that Trump Unlawfully called the Troops into Federal Service and Ordered Trump to Return Control of them to the Governor, but that First Victory for Newsom was Short-Lived. Even before the Order took Effect, it was Blocked by a Federal Appeals Court, allowing Trump to Temporarily Maintain Control of the Troops while the Legal Challenge Played-Out.
Although that Appeal of the Initial Deployment is still Pending, Breyer said He has the Right to step in now to consider whether the two extensions to the order that have been made are justified. “Congress did not intend for the service period to last forever – just long enough to address the present emergency” Under the Latest Sdministration Order, the California National Guard Members are Scheduled to Remain under Federal Control Until next February.
Attorneys for the Trump Administration have Defended Deploying Guard Troops in multiple Cities, saying the Protests against Immigration Enforcement Authorities amount to a Rebellion and Prevent Agents from Carrying Out Immigration Law. But the Federal Judge said in the Order that is Not Enough to Justify Calling up Troops.
“Every protest, and indeed any large gathering of people in public, carries with it a risk of violence, however unlikely,” wrote Breyer. “But the specter of a protest that is not a current impediment to the President’s ability to execute the laws becoming a future impediment is not adequate.” At its Peak, the Federal Government had 4,119 Members of the California National Guard under its Command, according to a Court Filing, but that Number has since Dwindled to 300 as the Situation in Los Angeles has Calmed.
Only 100 were still “on the ground in Los Angeles” as of October, the Court Filing said, with the Rest Deployed to Chicago and Portland, Oregon, Cities where Efforts to Deploy Federal Troops of the National Guard were Blocked by Court Challenges.
“Today’s ruling is abundantly clear – the federalization of the National Guard in California is illegal and must end,” Newsom said in a Statement Wednesday. “The President deployed these brave men and women against their own communities, removing them from essential public safety operations.”
Breyer also Rejected the Administration’s Claim that Courts have No Power to Review a President’s Decision to take Control of State National Guard Units during an Emergency, saying this was an Overly Expansive View of Executive Authority.
“The founders designed our government to be a system of checks and balances. Defendants, however, make clear that the only check they want is a blank one,” Breyer said.
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