Federal appeals court keeps California National Guard in Trump's hands
Share this @internewscast.com

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.

Share this @internewscast.com
You May Also Like
Claim $150 bonus or $1K first bet safety net for Wimbledon Tuesday

Get a $150 Bonus or a $1,000 First Bet Safety Net for Wimbledon on Tuesday

Gambling content 21+. The New York Post may receive an affiliate commission…
Body found in Turks and Caicos amid search for missing NYC man Brian Tarrence

Body Discovered in Turks and Caicos During Search for Missing New York Resident, Brian Tarrence

Authorities in Turks and Caicos are investigating whether a decomposed body discovered…
Man in blue Tivy Antlers shirt at a football game.

Camp Mystic Director’s Heroic Last Effort to Rescue Girls from Texas Floods as Torrential Waters Swept Through Cabins, Killing 27

THE director of Camp Mystic desperately tried to save young girls in…
Screenshot of a press conference with law enforcement officials.

27-Year-Old Gunman with Rifle Fatally Shot After Attacking Border Control Agents, Leading to Airport Shutdown

A GUNMAN armed with an assault rifle has been killed after firing…
Former Pink Floyd member Roger Waters faces possible prosecution after supporting banned Palestine Action

Ex-Pink Floyd Member Roger Waters May Face Legal Action for Backing Prohibited Palestine Group

Roger Waters, the former songwriter for Pink Floyd, might face legal action…
After setback to Iran's nuclear program, Trump expected to leverage military support in Netanyahu meeting

Following a Blow to Iran’s Nuclear Efforts, Trump Anticipated to Use Military Backing in Talks with Netanyahu

Hamas indicates a willingness to consider a ceasefire with Israel, as reported…
A worker cleaning the hull of a large yacht.

Ferrari is creating a 100-foot yacht that can glide above the water without an engine

FERRARI is building a 100ft yacht that is able to “fly” over…
Escaped lion chases, mauls mom and two young kids: video

Lion Escapes Zoo, Attacks Mother and Her Two Children: Caught on Video

Wild video shows an escaped lion attacking a mother and her two…
Russell Wilson, Ciara celebrate anniversary with PDA-packed video ahead of Giants season

Russell Wilson and Ciara Mark Their Anniversary with Love-Filled Video Before Giants’ Season Begins

Russell Wilson and wife Ciara are celebrating nearly a decade together filled…
Crime scene investigators collecting evidence at a shooting scene.

Three Killed and Ten Injured in July 4th Weekend Shooting as Police Condemn ‘Reckless Individuals Firing at Homes and Cars’

THREE people are dead and ten more have been injured in a…
Jill Zarin returns with her 12th annual Hamptons Luxury Luncheon cancer benefit

Jill Zarin Hosts 12th Annual Hamptons Luxury Luncheon to Support Cancer Research

She’s back! Jill Zarin’s annual luxury luncheon in the Hamptons will be…
Officials Release Identity of Man Who Opened Fire at Texas Border Patrol Facility

Authorities Disclose Name of Shooter at Texas Border Patrol Site

Authorities have identified the shooter as 27-year-old Ryan Louis Mosqueda, who reportedly…