Appeals Court Stays Ruling Ordering Trump To Return Control Of CA National Guard To Newsom

SAN FRANCISCO, CA — The U.S. Court of Appeals for the Ninth Circuit stayed a ruling by a federal judge earlier Thursday that ordered President Donald Trump to return control of the California National Guard to Gov. Gavin Newsom.

The appeals court ruling was a dramatic turn of events in a closely watch test of the president's powers. The appeals court's decision, in response to an emergency motion from the president, means Newsom will not resume control of the Guard at noon Friday as he had announced.

A hearing is set for Tuesday, meaning the California National Guard will continue to guard federal buildings and accompany Immigrations and Customs Enforcement agents on raids. The ruling sets aside a major victory handed to Gov. Gavin Newsom byU.S. District Judge Charles Breyer.

Breye had ruled that the president overreached in taking control of the National Guard troops. That ruling dealt a political blow to the president, who has been trading jabs with Newsom all week. Since Monday, the California National Guard has been protecting federal buildings during demonstrations in major California cities following violent protests in Los Angeles.

"His actions were illegal," Breyer wrote.

According to Breyer, Trump did not follow congressionally mandated procedure.

Breyer said the issue is "the president exercising his authority, and the president is, of course, limited. That's the difference between a constitutional government and King George."

Breyer indicated that Trump's deployment of 4,000 members of California's National Guard to the streets of Los Angeles -- over Newsom's strenuous objections -- was legally deficient. The judge also was dubious of Trump's insistence that the unrest in Los Angeles posed a "danger of rebellion."

RELATED: Trump Deploys National Guard, Hegseth Threatens To Send Marines To LA, Newsom Calls The Escalation 'Deranged'

The judge said Trump did not appear to have met a legal requirement that such orders must pass through the governor of the state involved.

Breyer declined to immediately rule on Newsom's request to block the call-up of 700 active-duty Marines to Los Angeles, saying any action from the bench seemed premature because the troops hadn't yet arrived in the city.

After the first ruling, Newsom addressed Trump, demanding that the president end the "unnecessary militarization of Los Angeles now. Refusing to do so will only confirm your authoritarian tendencies. The country is watching."

Newsom also posted that Trump "is using brave American soldiers as props in his political performance. It's unconstitutional, it's immoral, and it's putting innocent lives at risk. This isn't leadership. It's a dangerous abuse of power."

"The Founding Fathers did not live and die to see that happen in this country for no reason whatsoever than vanity," he added.

The hearing Thursday stemmed from a lawsuit brought late Monday by Newsom and state Attorney General Rob Bonta following Trump's escalation of military forces in the Los Angeles area.

"The federal government is now turning the military against American citizens," Newsom said in a statement after filing the lawsuit. "Sending trained warfighters onto the streets is unprecedented and threatens the very core of our democracy. Donald Trump is behaving like a tyrant, not a President. We ask the court to immediately block these unlawful actions."

The state's suit names Trump, Defense Secretary Pete Hegseth and the U.S. Department of Defense as defendants, alleging violations of the U.S. Constitution and the president's authority, not only because the takeover occurred without the consent or input of the governor, as federal law requires, but also because, Newsom said, it was unwarranted.

RELATED: Photos Show Tense Moments During California ICE Protests

A U.S. Department of Justice spokesperson did not respond to a request for comment on the litigation.

According to state officials, in the early hours of Sunday, the DOD, at the direction of Trump, redirected hundreds of National Guard troops from San Diego to Los Angeles, without authorization from the governor and against the wishes of local law enforcement. In total, the department deployed 4,000 National Guard troops from across the state, as well as an additional 700 Marines, "an inflammatory escalation unsupported by conditions on the ground," according to Bonta.

Trump has said that the deployment of the National Guard was a matter of law and order carried out in response to protests that erupted Friday during a series of immigration raids in the Los Angeles area, then worsening protests on Saturday.

On Sunday, Tom Homan, acting director of U.S. Immigration and Customs Enforcement, made comments suggesting Newsom and other officials could face arrest if they interfere with federal enforcement actions. The agency later walked back the comment, saying Homan was not threatening to arrest Newsom. But on Monday, Trump told reporters he would support Homan arresting the governor.

RELATED: LA Protests Turn Violent As Governor Accuses Trump Of Manufacturing The Crisis

"I think it's great," Trump said. "Gavin likes the publicity. ... He's done a terrible job. I like Gavin Newsom, he's a nice guy, but he's grossly incompetent, everybody knows."

Newsom responded during an appearance on MSNBC over the weekend.

"Come after me, arrest me. Let's just get it over with, tough guy, you know?" Newsom said. "I don't give a damn. But I care about my community. I care about this community. The hell are they doing? These guys need to grow up. They need to stop, and we need to push back. And I'm sorry, to be so clear, but that kind of bloviating is exhausting. So, Tom, arrest me. Let's go."

THIS IS A DEVELOPING STORY.

City News Service, Inc., Patch Staffer Paige Austin contributed to this report.