Federal appeals court keeps California National Guard in Trump's hands

A federal appeals court has determined that President Donald Trump “likely acted within his authority” to federalize the California National Guard during protests over immigration raids earlier this month, thereby indefinitely halting a lower court order that sought to transfer control of the guard back to the governor.

The three-judge panel did not agree with the Trump administration’s assertion that the president’s decision was entirely beyond judicial review. However, they concluded that the president likely acted lawfully by invoking a section of the U.S. Code on Armed Services, which permits the federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.”

The judges said Trump had a basis for federalizing the guard, citing acts of violence during the protests.

“The undisputed facts show that prior to the National Guard’s deployment, protesters ‘pinned down’ several federal officers and hurled ‘concrete chunks, bottles of liquid, and other objects’ at them,” the judges stated in their order. “Protesters also inflicted damage on federal buildings and caused the shutdown of at least one federal building … The federal government has a considerable interest in preventing such incidents.”

The judges said the law invoked by Trump does not require the president to obtain a governor’s consent and concluded “Governor (Gavin) Newsom had no power to veto or countermand the President’s order.”

The appeals court order puts on hold an order by a lower court judge, U.S. District Judge Charles Breyer, who called Trump’s action calling up the guard “illegal” and ordered control of the guard turned over to Newsom. The Trump administration immediately appealed that ruling and will continue to retain control of the guard as the case makes it way through the courts.

Copyright © 2025 ABC News Internet Ventures.

You May Also Like

24 states sue to block new Postal Service rules for mail voting ahead of midterms

Appeals Court Rejects Trump Bid to Lift Block on USPS Mail Ballot Rule

Washington — A federal appeals court on Thursday refused to pause a…
Kamala Harris returns to campaign trail in two key California House races

Kamala Harris Rallies Democrats in Key California House Battles

Kamala Harris is reentering the California campaign arena, endorsing and raising support…
HSI agent who investigated child exploitation cases indicted on rape and child abuse charges

HSI Child Exploitation Agent Indicted on Rape, Child Abuse

A Homeland Security Investigations special agent who worked on child exploitation investigations…
Lone holdout in Lindsay Clancy trial demonstrated the killings during deliberations, fellow juror says

Lindsay Clancy Juror: Holdout Reenacted Killings in Deliberations

Reporter’s note: Jurors who wish to share their experience may contact me…
Officials warn of measles exposure at Chicago's Union Station; traveler arrived from Missouri was headed to Rochester, NY

Measles Exposure Warning Issued for Chicago Union Station After Missouri Traveler Heads to Rochester, NY

CHICAGO () — Chicago public health officials are looking into a possible…
Male Lindsay Clancy juror has message for Patrick Clancy conspiracy theorists

Lindsay Clancy Juror Pushes Back on Patrick Clancy Conspiracy Theories

A male juror from the Lindsay Clancy mistrial says people pushing online…
Lindsay Clancy's lawyer files Hail Mary bid for 'not guilty by reason of insanity' ruling

Lindsay Clancy Lawyer Seeks Insanity Ruling in Last-Ditch Bid

Lindsay Clancy’s attorney on Thursday formally launched a long-shot effort to have…
NJ amusement park Clementon Park and Splash World closes, owners seek buyer

Clementon Park and Splash World in New Jersey Closes as Owners Seek Buyer

A cherished New Jersey amusement park with a 119-year history has closed…
Lindsay Clancy-obsessed mom Corie Walsh, accused of hanging 2-year-old son, also had plans to kill her husband: prosecutors

Corie Walsh Accused of Hanging Toddler Son, Plotting Husband’s Murder

An Illinois mother accused of hanging her 2-year-old son had also discussed…
2 teens busted in NYC carjacking rampage that ended with one menace trying to run over a cop: NYPD

Two Teens Arrested in NYC Carjacking Spree After Suspect Allegedly Tried to Run Over Officer: NYPD

Two 16-year-old boys were arrested late Thursday after a chaotic armed carjacking…
Exclusive | Thune ready for 'conversation' with Fetterman about joining GOP -

Thune Ready for Talks With Fetterman on Potential GOP Switch

DALLAS — Senate Majority Leader John Thune said Thursday he would be…
Illegal immigrant charged with nightmare kidnapping and sexual assault of 6-year-old girl in New Jersey

Undocumented Immigrant Charged With Kidnapping and Sexual Assault of 6-Year-Old New Jersey Girl

A Department of Homeland Security spokesperson told News Outlet that the agency…