Trump's National Guard deployment to LA was unlawful, court rules

A split federal appeals court ruled Friday that President Trump's deployment of 4,000 members of the California National Guard to Los Angeles last year was an unlawful abuse of his authority.

What we know:

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 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 immigration protests justified the president taking control of the guard from Gov. Gavin Newsom.

What they're saying:

"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.

The appeals panel held Friday that Trump didn't meet legal requirements to deploy the guard to Los Angeles.

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"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."

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.

The Source: Information for this story came from the U.S. 9th Circuit Court of Appeals ruling. A statement was provided by the office of Governor Gavin Newsom. City News Service contributed. 

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