The Ninth U.S. Circuit Court of Appeals ruled on Thursday that President Donald Trump and his administration can continue to exercise control of the National Guard troops deployed in Los Angeles amid the anti-Immigration and Customs Enforcement (ICE) riots.
In a unanimous ruling, the Ninth Circuit Court of Appeals granted a stay against the lower court’s order that directed the Trump administration to return command of the National Guard troops in Los Angeles to Gov. Gavin Newsom (D-Calif.) A lower court had previously ordered Trump to return command of the National Guard troops to Newsom after the president had placed thousands of California National Guard troops under federal control to “support the protection of federal personnel and federal property in the greater Los Angeles area” earlier this month.
“Defendants have made the required strong showing that they are likely to succeed on the merits of their appeal,” the Ninth Circuit Court of Appeals stated. The court added, “Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when the President is unable with the regular forces to execute the laws of the United States.”
READ MORE: Videos/Pics: Nat’l Guard deployed amid major anti-ICE riots in Los Angeles
While the Ninth Circuit Court of Appeals explained that it disagreed with the Trump administration’s argument that the decision to federalize California National Guard members was “completely insulated from judicial review,” the appellate panel acknowledged that its review of the president’s decision “must be highly deferential.”
In a post on Truth Social, Trump described Thursday’s ruling as a “BIG WIN” regarding the president’s “core power to call in the National Guard.”
“The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because 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,” Trump wrote. “This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!”
Following Thursday’s ruling, Newsom issued a statement on social media early Friday morning, claiming that the Ninth Circuit Court of Appeals “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.” The California governor stated, “Donald Trump is not a king and not above the law.”
