The White House on Wednesday filed the expected appeal of a federal court ruling that said President Donald Trump had no right to deploy National Guard troops in California. The short appeal was directed at the United States Court of Appeals for the 9th Circuit.
On Tuesday, U.S. District Judge Charles Breyer ruled that Trump’s decision to deploy National Guard troops into California violated the Posse Comitatus Act, which bars federal military involvement in domestic law enforcement. It was the judge’s second related ruling on the issue. That earlier ruling was stayed on appeal.
Acting U.S. Attorney Bill Essayli in Los Angeles responded in a post saying, “This is a false narrative and a misleading injunction. The military has never engaged in direct law enforcement operations here in LA.”
Essayli said it is not against the law for troops to protect federal assets. “They protect our federal employees (and) our properties so our federal agents can safely enforce federal laws in the face of the thugs being unleashed and encouraged by state and local politicians.”
California Gov. Gavin Newsom said in a statement that the judge got it right. “Trump is breaking the law by ‘creating a national police force with the President as its chief.’ That’s exactly what we’ve been warning about for months.”
In June, Breyer issued a temporary restraining order reversing the federalization of the Guard and ordered control returned to Newsom. The DOJ immediately appealed, leading the 9th U.S. Circuit Court of Appeals to stay the order — allowing Trump to retain control of the Guard while legal proceedings continued.
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