Clinton-Appointed Judge Orders Trump to Return California National Guard
San Francisco, CA – A federal judge appointed by President Bill Clinton has ruled that former President Donald Trump must return control of the California National Guard to Governor Gavin Newsom.
Gov. Newsom confirmed, “The National Guard will come back under my authority by noon tomorrow.” He said the troops will resume duties including border security, fentanyl interdiction, and wildfire prevention.
Federal Appeals Court Pauses Order
Late Thursday, a panel from the 9th U.S. Circuit Court of Appeals temporarily paused Breyer’s order. Judge Charles Breyer, of the U.S. District Court in San Francisco, had ruled that Trump unlawfully federalized thousands of California National Guard members.
Breyer said Trump did not meet the legal requirements for federalizing state troops. He also failed to follow the federal law that requires a president to act “through the governor” when calling up a state’s National Guard.
“Regardless of whether Defendants gave Governor Newsom an opportunity to consult with them, they did not issue their orders through him, and thus failed to comply with federal law,” Breyer wrote.
The 9th Circuit panel – composed of two Trump appointees and one Biden appointee – announced it will hold a hearing on the issue Tuesday.
Trump Responds
Trump thanked the federal appeals court in a Truth Social post Friday morning. “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!”
Judge: Protests Do Not Constitute a Rebellion
Trump justified federalizing the troops by citing a law allowing a president to call up state troops to suppress a “rebellion.” Breyer rejected this claim.
“The protests in Los Angeles fall far short of ‘rebellion,’” the judge wrote. He noted that violence alone does not equal rebellion and that the record showed no evidence of firearms or any attempt to overthrow the government.
Breyer highlighted that protesters acted over a single issue – immigration raids – and criticized the Department of Justice’s argument. “Protest against the federal government, a core civil liberty protected by the First Amendment, cannot justify a finding of rebellion,” he wrote.
Federal Overreach Violates the 10th Amendment
Breyer also ruled that Trump violated California’s rights under the 10th Amendment. “It is not the federal government’s place to take over a state’s police power whenever it is dissatisfied with how quickly or vigorously the state enforces its laws,” he wrote.
The federalization of 4,000 National Guard members blocked Gov. Newsom, as commander-in-chief of the California National Guard, from deploying the troops as he saw fit.
