Gavin Newsom was surprised but no one else should have been after he was unanimously slapped down at the Ninth Circuit in his fight over control of the National Guard.
The California governor gloated too much on X in the beginning. He won the first case with a carefully chosen left-wing judge.
Newsom was also counting on total loyalty from the Ninth Circuit. He wanted them to legitimize his unconstitutional bid for control of the Guard over the President. His goal is to keep law enforcement from serving warrants on illegal aliens, even criminals.
He wants them around to vote for him for president.
NY Times Report
In a unanimous, 38-page ruling, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the conditions in Los Angeles were sufficient for Mr. Trump to decide that he needed to take federal control of California’s National Guard and deploy it to ensure that federal immigration laws would be enforced.
A lower-court judge had concluded that the protests were not severe enough for Mr. Trump to use a rarely-triggered law to federalize the National Guard over Mr. Newsom’s objections. But the panel, which included two appointees of Mr. Trump and one of former President Joseph R. Biden Jr., disagreed with the lower court.
“Affording appropriate deference to the president’s determination, we conclude that he likely acted within his authority in federalizing the National Guard,” the court wrote, in an unsigned opinion on behalf of the entire panel.
The Governor is dedicated to keeping his sanctuary state pure and his criminal aliens safe.
Newsom and communist Mayor Karen Bass aggressively support violent agitators against ICE and federal buildings. Newsom did nothing for two days and nights as radicals tore up Los Angeles. Trump invoked Title 10, Section 12406 to federalize units of California’s National Guard and deploy them. He only wanted to protect federal agents and property from Bass’s mobs on the Los Angeles streets.
Federal judge Charles Breyer issued a TRO ordering Trump to return control of the National Guard to Newsom, ruling that (a) the situation didn’t warrant Section 12406, and (b) Trump didn’t direct the order to Newsom as the statute required.
The three-judge panel was not impressed with Judge Charlie Breyer:
Under a highly deferential standard of review, Defendants have presented facts to allow us to conclude that the President had a colorable basis for invoking § 12406(3). They presented evidence, detailed above, of protesters’ interference with the ability of federal officers to execute the laws, leading up to the President’s federalization of the National Guard on June 7.
There is evidence that the day before, protesters threw objects at ICE vehicles trying to complete a law enforcement operation, “pinned down” several FPS officers defending federal property by throwing “concrete chunks, bottles of liquid, and other objects,” and used “large rolling commercial dumpsters as a battering ram” in an attempt to breach the parking garage of a federal building.
Plaintiffs’ own submissions state that some protesters threw objects, including Molotov cocktails, and vandalized property. According to the declarations submitted by Defendants, those activities significantly impeded the ability of federal officers to execute the laws.
Affording appropriate deference to the President’s determination, we conclude that he likely acted within his authority in federalizing the National Guard under 10 U.S.C. § 12406(3).
Newsom’s Jig Is Up
Newsom ‘s attorneys told Judge Charles Breyer that only a complete rebellion against federal authority justifies federalizing the Guard. Charles went with it.
The lawyers also objected to the process. They tried to say the federal authority was predicated on process laws. Also, they claimed the governor had to be consulted.
The Court said that governors do not have veto power over the President’s federalization decision. Additionally, the Ninth Circuit said the governor does not have any consulting role by law.
If federal agents and property are under siege, the federal government can protect them. It must have come as a shock to Newsom who doesn’t even protect his residents.
Trump won on that issue. It is going nowhere.
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Newscum could not care less about protecting federal agents or the law-abiding citizens of Los Angeles. He only cares, as the article states, about protecting the foreign invaders who (illegally) vote for him in California’s corrupt elections. But then, the citizens of Los Angeles would likely vote to reelect Newscum in a heartbeat. Go figure.
Gavin = Nero