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LOS ANGELES (CNS) — A split federal appeals court ruled Friday that President Trump’s deployment of 4,000 members of the California National Guard to the Los Angeles area last year was an unlawful abuse of his authority.
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The 2-1 decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals follows precedent set by the U.S. Supreme Court in December holding that Trump’s federalization of the Illinois National Guard was illegal.
The ruling Friday in San Francisco rejects the president’s assertion that there was a rebellion” in Los Angeles that warranted federalizing the guard, an argument the court determined did not stand within a “range of honest judgment.”
The Trump administration said violent demonstrations in downtown Los Angeles and elsewhere protesting the immigration crackdown justified the president taking control of the guard from Gov. Gavin Newsom.
“Today is a crucial day for the rule of law, upholding the Constitution and defending democracy,” Newsom said in a statement. “Yet another court has issued a complete rejection of Donald Trump’s illegal, authoritarian takeover of our state’s National Guard. California fought back against this potential power grab and in doing so, created essential legal precedent that not only protects Californians but all Americans. California continues to stand as a first line of defense against Donald Trump’s authoritarianism.”
Previously in the case, the 9th Circuit agreed with Trump, finding that the president acted within the law when he called the troops into federal service for 60 days “to protect federal personnel performing federal functions and to protect federal property.”
However, the court disagreed with the administration’s argument that the president’s decision to federalize members of the California National Guard was insulated from judicial review.
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The appeals panel held Friday that Trump didn’t meet legal requirements to deploy the guard to Los Angeles.
“Defendants have not made either of the required threshold showings here,” wrote Judge Jennifer Sung, an appointee of former President Biden. “Thus, they have not carried their burden.”
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Trump-nominated Judge Mark Bennett dissented, writing that the panel shouldn’t have ruled on the case because the Trump administration had wanted to drop its appeal of a lower court’s order for a preliminary injunction against National Guard deployment.
The U.S. Justice Department did not immediately respond to a request for comment after regular business hours.
“Once again, the courts have rejected the Trump Administration’s attempts to circumvent the law for its own political agenda,” California Attorney General Rob Bonta said. “Deploying the National Guard in Los Angeles with no rhyme or reason was a clear example of federal overreach, and it will not be tolerated. When the president tramples on the Constitution and the rights of Californians, we’ll fight to hold him accountable — and we will win.”
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