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
Chicago family's journey sparks national movement focused on understanding transgender, non-binary youth

Chicago Family’s Story Inspires National Push to Better Understand Transgender and Nonbinary Youth

CHICAGO (WLS) — As Pride Month is celebrated across the country, one…
Texas plane crash leaves one dead, more injured after business jet catches fire on highway

Texas Highway Plane Crash: 1 Dead, Several Injured After Business Jet Bursts Into Flames

A business jet went down on a Texas highway Tuesday night and…
Experts debunk Tyler Robinson's ballistics claim: 'Unable to identify is not the same as ruled out'

Prosecutors Grant Limited Immunity to Roommate and Lover of Alleged Charlie Kirk Assassin Tyler Robinson

Robinson defense alleging prosecutor misconduct Criminal defense lawyer Josh Ritter appeared on…
Chicago shootings this weekend: At least 10 shot, 2 fatally, in gun violence across city, police department says

Arlington Heights Police Search for Suspect in Teen Sexual Assault at Eastman Parking Garage

ARLINGTON HEIGHTS, Ill. (WLS) — Police in north suburban Arlington Heights are…
Search underway for suspect after 2 people shot inside Delaware hospital: police

Manhunt Launched After 2 People Shot Inside Delaware Hospital, Police Say

Two people were shot Tuesday at a hospital in Delaware, triggering a…
New charges against DC National Guard shooting suspect open death penalty door

DC Guard Shooting Suspect Faces Death Penalty in Dramatic First Court Appearance

An Afghan national accused of launching a deadly ambush-style attack on National…
US Secret Service prepares to secure Jackson Park, Chicago Obama Center Opening Ceremony

US Secret Service Finalizes Security Plan for Chicago’s Jackson Park Ahead of Obama Center Opening Ceremony

CHICAGO (WLS) — The U.S. Secret Service says it has spent the…
President Donald Trump delays nomination hearing for own director of intelligence, or DNI, nominee Jay Clayton amid FISA lapse

Trump Delays Jay Clayton DNI Hearing as FISA Lapse Sparks Intelligence Oversight Questions

WASHINGTON — President Donald Trump on Wednesday threw his own nominee’s confirmation…
Coast Guard opens fire on boat smuggling 25 Chinese nationals near Florida after it refused to stop

US Coast Guard Fires on Smuggling Boat Carrying 25 Chinese Migrants Off Florida After Pursuit

The U.S. Coast Guard fired on a boat off the Florida coast…
Uptown shooting: Chicago police shooting near Clark and Argyle injures suspect in fatal Ravenswood shooting of condo board pres.

Uptown Police Shooting Near Clark & Argyle: Suspect in Fatal Ravenswood Condo Board President Murder Injured

CHICAGO (WLS) — A condominium board president was shot and killed in…
Gilgo Beach serial killer joins infamous group of monsters as he opens ghoulish mind to FBI

Judge gives Rex Heuermann maximum sentence in Gilgo Beach serial killings case

RIVERHEAD, N.Y. — Rex Heuermann, the Long Island serial killer who confessed…
'Happy Face' killer warns fellow serial killer Rex Heuermann could be 'tossed to the wolves' in prison

‘Happy Face’ killer says accused serial killer Rex Heuermann could face danger in prison

Keith Jesperson — the “Happy Face” serial killer who has been corresponding…