By RODRIGUEZ, OLGA R.
AP’s San Francisco After an appeals court gave President Donald Trump a significant procedural victory in the lawsuit, California’s challenge against the Trump administration’s military deployment on the streets of Los Angeles returned to a federal courtroom in San Francisco on Friday for a brief hearing.
Instead of rendering any more decisions, U.S. District Judge Charles Breyer requested briefs from all parties regarding whether the Posse Comitatus Act—which forbids military from carrying out civilian law enforcement in the United States—is being broken in Los Angeles.
In his complaint, Newsom claimed that a violation of the Posse Comitatus Act was imminent, if not already in progress. However, Breyer last week delayed taking that accusation into consideration.
The hearing takes place one day after the president was granted permission by the 9th Circuit appellate panel to retain command of the National Guard troops he sent in to quell protests over immigration raids.
Breyer’s temporary restraining order was halted by the appellate judgment. Breyer had determined that Trump had violated the law when he mobilized the troops in defiance of California Governor Gavin Newsom.
Notwithstanding the appellate loss, California’s lawyers are anticipated to request on Friday that Breyer grant Newsom a preliminary injunction to return command of the troops in Los Angeles, where demonstrations have subsided in recent days.
Republican Donald Trump claimed that the military were required to bring about order. Democrat Newsom claimed that their presence on a U.S. city’s streets exacerbated tensions, seized local power, and squandered funds.
Although dozens of demonstrators turned out Thursday at Dodger Stadium, where a group of federal officers in SUVs and cargo vans had assembled with their faces hidden in a parking lot, the protests seemed to be coming to an end. They complied with the Los Angeles Dodgers organization’s request to depart.
A downtown Los Angeles curfew that was initially enforced in reaction to destruction and altercations with police as crowds gathered to protest agents detaining migrants was removed on Tuesday by Los Angeles Mayor Karen Bass.
According to Breyer, Trump had overreached his legal power, which permits presidents to command state National Guard forces only in cases of insurrection or the threat of one.
Breyer, a Watergate prosecutor appointed by President Bill Clinton and the brother of former Supreme Court Justice Stephen Breyer, said that the demonstrations in Los Angeles are far from becoming a form of revolt.
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The Trump administration maintained that the president’s choices cannot be overturned by the courts. The appellate panel disagreed, ruling that presidents do not have unrestricted authority to take over a state’s military. However, it found that the Trump administration had provided sufficient evidence to demonstrate that it had a valid reason for federalizing the troops in this particular case, citing violent protests.
The lawsuit will keep the California National Guard under federal control for the time being. Since troops were assigned to guard Civil Rights Movement demonstrators in 1965, this is the first time a state president has deployed the National Guard without the governor’s consent.
In a social media post, Trump praised the appellate decision, referring to it as a “BIG WIN” and making references to more possible deployments. In the event that State and Local Police are unable to complete the task, we are the ones who will provide safety to our cities and citizens nationwide, Trump wrote.
For his part, Newsom has also cautioned that if Trump has his way, California won’t be the last state to see troops in the streets. The President is subject to the law and is not a king. According to Newsom, we will continue to oppose President Trump’s dictatorial deployment of American military personnel against civilians.
According to his office, Vice President JD Vance was scheduled to visit Los Angeles on Friday to meet with U.S. Marines who have also been sent to guard government buildings.
