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An American court of appeal allowed Donald Trump to maintain control of the California National Guard Thursday while the State Democratic Governor proceeded to a trial contesting the use by the Republican President of the Troops to repress the demonstrations in Los Angeles.
Trump’s decision to send troops to Los Angeles aroused a national debate on the use of soldiers on American soil and ignited political tension in the second most breathtaking city in the country.
On Thursday, a panel of three judges from the 9th Circuit Court of Appeals, based in San Francisco, extended his break on the decision of the American district judge Charles Breyer on June 12 according to which Trump had illegally called the National Guard in the Federal Service. The 9th Circuit Panel includes two judges appointed by Trump in his first mandate and one named from former Democratic President Joe Biden.
Trump probably acted within his authority, said the panel, adding that his administration was probably in accordance with the obligation to coordinate with Governor Gavin Newsom, and even if it was not the case, he did not have the power of veto at the Trump directive.
“And although we believe that the president probably has the power to federalize the National Guard, nothing in our decision deals with the nature of the activities in which the Federal National Guard can commit,” he wrote in his opinion.
Trump welcomed the decision in an article on Truth Social as a victory and said: “If our cities and employees need protection, we are those who give them should say that the local police are incapable, for any reason, to do the work.”
Look at the Trump says that the urgent action required in several cases:
Description: US President Donald Trump has deployed the National Guard to respond to immigration demonstrations in California with a law rarely used when the government believes that a rebellion is underway. Andrew Chang breaks down how the framing by Trump of these emergency protests – as well as everything, from fentanyl trade deficits – exists within the framework of a wider scheme to govern by the decree with uncontrolled power.
California to continue legal challenges, says Newsom
Newsom could still contest the use of the US National Guard and Marines under other laws, including the bar for the use of troops in the application of national laws, he added.
“The president is not a king and is not above the law,” said Newsom on X. “We are going to advance our challenge to the authoritarian use of President Trump of American military soldiers against our citizens.”
In the midst of demonstrations and troubles in Los Angeles during the Trump immigration raids, the president of June 7 took control of the California National Guard and deployed 4,000 soldiers against the wishes of Newsom.
The Los Angeles demonstrations ran more than a week before their advance, which led Mayor Karen Bass earlier this week to raise a curfew that she had imposed.
Day 69:17The long -standing resident said that the repression of Latin immigrants undermines the city they have helped to build
This week, the Trump administration called on the National Guard and the US Marines to respond to protests against raids and immigration detentions targeting the Los Angeles Latin American community. Alvaro Huerta is an associate professor at the California State Polytechnic University, Pomona and says that the repression against Latin immigrants undermines the city they have helped to build.
The Court of Appeal cites material damage
During a legal hearing Tuesday on the advisability of extending the break of the Breyer’s decision, members of the 9th panel circuit interviewed lawyers for California and the Trump administration on what role, if necessary, the courts should be reviewed by Trump’s authority to deploy the troops.
The law defines three conditions by which a president can federalize the forces of the National Guard of the State, in particular an invasion, a “rebellion or danger of rebellion” against the government or a situation in which the American government cannot be regular forces to execute the laws of the country.
The Court of Appeal said that the last condition had probably been met because the demonstrators had launched items on the vehicles of the immigration authorities, used garbage garbage as rams, thrown from Molotov cocktails and vandalized goods, frustrating the police.
The Ministry of Justice said that the president determines that there is an emergency that justifies the use of the National Guard, no court or governor of the State can examine this decision. The Court of Appeal rejected this argument.
In its trial on June 9, California said that Trump’s deployment of the National Guard and that the Marines violated state sovereignty and American laws which prohibit federal troops from participating in civil laws.
The Trump administration denied that the troops were engaged in the application of laws, claiming that they rather protected federal buildings and staff, including American immigration and customs agents.
Trump also ordered 700 American navies to the city after sending the National Guard. Breyer has not yet ruled on the legality of the mobilization of the Marine Corps.
