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In a unanimous decision of the ninth Circuit Court of Appeals on Thursday, President Trump was authorized to keep control of the national guard troops deployed to Los Angeles.
The decision arouses the order of the lower court which commanded the command of the troops to the Governor of California Gavin Newsom.
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LR: President Trump and Secretary of State Marco Rubio; National guard (Associated Press)
Trump’s decision to deploy the National Guard was the first by a state president National guard without the authorization of the governor since 1965.
In the file, the court said they thought the president had made a legal decision.
“Offering the president this deference, we conclude that it is likely that the president legally exercised his statutory authority under § 12406 (3), which authorizes the federalization of the National Guard when the president cannot be able to regular forces to execute the laws of the United States,” said the court.
The court also declared that they are disagreement with the argument of Governor Newsom according to which the president’s decision to federate the members of the California National Guard under 10 USC § 12406 is completely isolated from the judicial control.
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Even if the president did not inform the governor before deploying the National Guard, as required by the law, the court cited that Newsom did not have the veto of the president’s order.
It is a story in development. Come back for updates.