Trump DOJ says National Guard deployment in LA is 'unreviewable' in appeals court hearing

SAN FRANCISCO (KGO) — During a courtroom session on Tuesday, federal judges seemed to lean towards agreeing with the Trump administration’s stance regarding the deployment of California National Guard troops by President Trump without prior notification to Governor Gavin Newsom.

In a crucial online hearing before the 9th U.S. Circuit Court of Appeals, the Department of Justice contended that President Donald Trump lawfully utilized his executive authority to dispatch troops to support the protection of federal officers and infrastructures during immigration enforcement protests in Los Angeles.

Just last Thursday, U.S. District Judge Charles Breyer, based in San Francisco, ruled temporarily in favor of California to reinstate Governor Newsom’s control over the National Guard. However, only hours afterward, appellate judges issued a temporary halt on Breyer’s decision, setting the stage for their Tuesday session.

PREVIOUS: Trump can keep National Guard in LA for now after appeals court blocks order

The lawsuit was filed last Monday after President Trump issued a Saturday memo to the Department of Defense ordering “at least” 2,000 National Guard members for 60 days minimum.

Brett Shumate, a U.S. attorney representing Trump, said Breyer’s order interferes with the commander-in-chief’s executive power.

“It upends the military chain of command. It gives state governors veto power over the president’s military orders,” he said. “Courts don’t just defer to the president’s judgment – they don’t review the president’s judgment.”

The panel of three judges – including two Trump appointees – pushed back on the DOJ’s assertion, asking the Trump administration hypothetical questions about how far this lack of judicial review could go.

“If a hypothetical future president made the decision to call up in response the militia of every state and the District of Columbia, so 51 militia, would it also be your view that that decision by this hypothetical future president would be entirely unreviewable?” Judge Mark Bennett, a 2018 Trump appointee, asked.

“Yes, because the statute says the president may call into federal service members and units of the guard of any state in such numbers that he considers necessary,” Shumate responded.

Sam Harbourt with the California Department of Justice argued Trump’s deployment was “extreme” and defies precedent.

“Every day that this order remains in effect, it is causing harm to our nation’s broader democratic tradition of separation of the military from civilian affairs,” he said.

MORE: CA Sen. Alex Padilla, Democrats write letter to Pres. Trump to remove military from Los Angeles

Additionally, California argued the president violated the law by not directly contacting Newsom about his deployment. The statute in question allows federal use of state National Guard troops under certain circumstances and that orders doing so shall be issued “through the governors” of such states. Judges appeared skeptical of this point.

“Where does the statute say that issuing it ‘through the governor’ requires either the governor’s consent or requires consultation?” Bennett asked Harbourt.

“We take it from the plain meaning of through the governor,” Harbourt responded. “We think at a minimum, that means that the governor needs to be informed of it and given the chance to issue it.”

Additionally, the state said Trump’s actions are harming California, since those National Guard members would otherwise be working on wildfire prevention efforts as the state heads into peak wildfire season – a point Newsom made in an earlier statement Tuesday.

MORE: CAL FIRE is hiring: Newsom ramping up recruitment as Nat’l Guard firefighting capacity drops

“President Trump’s illegal militarization of Los Angeles is sidelining crucial firefighting and prevention resources,” the governor said. “It’s time to end the chaos and get California’s National Guard back to this important work.”

The judges did not signal how soon they may issue a decision.

Constitutional law professor Rory Little of UC Law San Francisco said the panel’s questions during Tuesday’s hearings were telling.

“Honestly, I’m not sure the court is receptive to the California position. It sounded to me like this could be a reversal of the district court. This could be affirming of the Trump administration’s position, at least at this preliminary stage,” he said.

Little noted that all action in the courts so far has been preliminary. If the appellate court decides to permanently reverse Judge Breyer’s initial temporary restraining order, the National Guard would remain in Trump’s control for at least 60 days.

“If California wins today, that case will go up to the Supreme Court,” he said. “I think if California loses today, it’ll still go to the Supreme Court.”

Copyright © 2025 KGO-TV. All Rights Reserved.

You May Also Like

Long Island Racewalking Star Chases Olympic Glory on the World Stage - Internewscast Journal

Long Island Racewalking Star Chases Olympic Glory on the World Stage

Few 27-year-old math teachers find themselves chasing an Olympic dream, but Long…
Influencers Boost Chicago Mayor Brandon Johnson’s Social Media Reach Amid Transparency Questions - Internewscast Journal

Influencers Boost Chicago Mayor Brandon Johnson’s Social Media Reach Amid Transparency Questions

CHICAGO () — As Chicago looks ahead to its next mayoral election…
Bodycam Shows LA County Deputy Stabbed Seconds Into Knife Call - Internewscast Journal

Bodycam Shows LA County Deputy Stabbed Seconds Into Knife Call

Newly released body-worn camera and surveillance video captures the moment a Los…
Immigration Attorney Alexandra Lozano Accused in Lawsuit of Swindling Thousands Nationwide, Including Chicago-Area Clients - Internewscast Journal

Immigration Attorney Alexandra Lozano Accused in Lawsuit of Swindling Thousands Nationwide, Including Chicago-Area Clients

BERWYN, Ill. () — Alexandra Lozano held herself out as someone who…
Woodie’s Flat in Old Town Chicago Reveals Key Lime Guava BBQ Wings Recipe on Cooking Up a Storm - Internewscast Journal

Woodie’s Flat in Old Town Chicago Reveals Key Lime Guava BBQ Wings Recipe on Cooking Up a Storm

CHICAGO () — At an Old Town wing destination, the flavor starts…
ICE Files Detainer for Migrant Accused of Trying to Disarm Virginia Officer - Internewscast Journal

ICE Files Detainer for Migrant Accused of Trying to Disarm Virginia Officer

Virginia migrant crime surge sparks debate over sanctuary policies Bill Hemmer and…
Jimmy Hoffa’s Family Reflects 51 Years After His Mysterious Disappearance - Internewscast Journal

Jimmy Hoffa’s Family Reflects 51 Years After His Mysterious Disappearance

The night Jimmy Hoffa disappeared 51 years ago Fox Nation is streaming…
Cambria’s Votes-for-Sale Mayor Race Returns With a Twist - Internewscast Journal

Cambria’s Votes-for-Sale Mayor Race Returns With a Twist

Ever wondered what it would cost to buy a mayor? In one…
Mackenzie Shirilla Makes Final Bid to Overturn Murder Conviction - Internewscast Journal

Mackenzie Shirilla Makes Final Bid to Overturn Murder Conviction

Mackenzie Shirilla, the Ohio woman convicted in the so-called “Hell on Wheels”…
Stolen Civil War-Era Cannonballs Discovered in Suitcase at Alabama Airport - Internewscast Journal

Stolen Civil War-Era Cannonballs Discovered in Suitcase at Alabama Airport

A Transportation Security Administration officer found a set of stolen Civil War-era…
Montana Hiker Impaled by Trekking Pole Treks Out for Help - Internewscast Journal

Montana Hiker Impaled by Trekking Pole Treks Out for Help

David Cifaldi was trekking across Montana’s foreboding Froze-to-Death Plateau with two friends,…
Colorado Zillow Listing Goes Viral After Warning Buyers Must Remove Occupant Living Inside - Internewscast Journal

Colorado Zillow Listing Goes Viral After Warning Buyers Must Remove Occupant Living Inside

A Colorado home listing on Zillow is drawing widespread attention after telling…