President Donald Trump scored a “big win” over California Gov. Gavin Newsom Thursday when an appeals court sided with the president regarding control of National Guard troops deployed to Los Angeles.
The Ninth Circuit Court of Appeals, in a unanimous ruling, stated that Trump made a lawful decision when he deployed the National Guard to Los Angeles without first getting permission from Newsom, something a president hasn’t done since 1965, Fox News reported.
“Affording the President that deference, we conclude that it is likely that the President lawfully exercised his statutory authority under § 12406(3), which authorizes federalization of the National Guard when the President is unable with the regular forces to execute the laws of the United States,” the court said
The court also disagreed with Newsom’s stance that Trump’s decision to “federalize members of the California National Guard under 10 U.S.C. § 12406 is completely insulated from judicial review.”
The president applauded the court’s decision, which he declared was a “big win,” on social media.
“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard! The Judges obviously realized that Gavin Newscum is incompetent and ill prepared, but this is much bigger than Gavin, because all over the United States, if our Cities, and our people, need protection, we are the ones to give it to them should State and Local Police be unable, for whatever reason, to get the job done. This is a Great Decision for our Country, and we will continue to protect and defend Law abiding Americans. Congratulations to the Ninth Circuit, America is proud of you tonight!” he wrote.
The court noted that although Trump did not alert Newsom of the National Guard’s deployment — which is required by law — Newsom could not veto the president’s order.
