Judge challenges rationale for Trump’s control over national guard in California | California


The judge presiding over California’s lawsuit against the Trump administration challenged the federal government’s authority and rationale for continuing to maintain command over the national guard troops it deployed to Los Angeles earlier this year.

The Trump administration federalized the state’s national guard in June, dispatching about 4,000 troops in response to protests in the city over immigration raids, despite opposition from the state’s governor, Gavin Newsom. The state quickly filed a lawsuit, with Newsom calling the move unprecedented and illegal, and the case has been unfolding in the courts for months.

During a hearing in San Francisco on Friday, Judge Charles Breyer appeared skeptical of the federal government’s case, according to a report from the Associated Press. He argued the situation in Los Angeles had changed since the troops were first deployed, and questioned whether the administration could command the state’s national guard indefinitely.

“No crisis lasts forever,” he said. “I think experience teaches us that crises come and crises go. That’s the way it works.”

He pressed an attorney for the government for any evidence that state authorities were either unable or unwilling to help keep federal personnel and property in the area safe and noted Donald Trump had access to tens of thousands of active-duty troops in California.

California has asked the judge to issue a preliminary injunction in order to return control of the remaining national guard troops in Los Angeles to the state, but Breyer did not immediately rule. He has previously ruled that the deployment was illegal, and ruled the administration must return control of the troops to California, but a ruling by an appeals court panel put the decision on hold.

The justice department attorney Eric Hamilton said federal law gave the president the power to extend control of state guard troops as long as he deems necessary.

The remaining troops in Los Angeles were allowing immigration agents to continue their mission and protecting federal property, he said, noting someone threw two incendiary devices into a federal building on Monday.

The court did not have the authority to review how the president manages a guard mission that is in progress, but even if it could, it had to consider the violence this summer, Hamilton said.

“We cannot turn a blind eye to what happened in Los Angeles in June of this year,” he said.

Trump’s call-up of the California national guard was the first time in decades that a state’s national guard was activated without a request from its governor and marked a significant escalation in the administration’s efforts to carry out its mass deportation policy. They were stationed outside a federal detention center downtown where protesters gathered, and later sent on to the streets to protect immigration officers as they made arrests.

California sued, and Breyer issued a temporary restraining order that required the administration to return control of the guard troops to California. An appeals court panel, however, put that decision on hold. Breyer was nominated to the bench by President Bill Clinton, a Democrat.

California argued that the president was using guard members as his personal police force in violation of a law limiting the use of the military in domestic affairs.

The administration said courts could not second-guess the president’s decision that violence during the protests made it impossible for him to execute US laws with regular forces and reflected a rebellion, or danger of rebellion.

In September, Breyer ruled after a trial that the deployment violated the law. Other judges have blocked the administration from deploying national guard troops to Portland, Oregon, and Chicago.



Source link

  • Related Posts

    First, fourth lines each score twice as Winnipeg Jets down Sabres 4-1 – Winnipeg

    Fans have been begging the Winnipeg Jets’ depth players to start contributing on the scoreboard, and Friday night at Canada Life Centre, they finally did. Yes, the top line stayed…

    ‘Urgent clarity’ sought over racial bias in UK police facial recognition technology | Facial recognition

    The UK’s data protection watchdog has asked the Home Office for “urgent clarity” over racial bias in police facial recognition technology before considering its next steps. The Home Office has…

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    You Missed

    Hastings Racecourse in Vancouver to shut down permanently, operator says

    Pantone’s ‘Cloud Dancer’ color party is a recession indicator

    Pantone’s ‘Cloud Dancer’ color party is a recession indicator

    Theodore has goal and assist, Schmid gets shutout as Golden Knights beat Devils 3-0

    Theodore has goal and assist, Schmid gets shutout as Golden Knights beat Devils 3-0

    First, fourth lines each score twice as Winnipeg Jets down Sabres 4-1 – Winnipeg

    First, fourth lines each score twice as Winnipeg Jets down Sabres 4-1 – Winnipeg

    An Elder Scrolls TV series “can’t be ruled out”, Todd Howard teases, but remains tight-lipped on the status of the Wolfenstein adaptation

    An Elder Scrolls TV series “can’t be ruled out”, Todd Howard teases, but remains tight-lipped on the status of the Wolfenstein adaptation

    Under RFK Jr., U.S. Vaccine Policy Arrives at a ‘Defining Moment’