Update: National Guard troops will stay under Trump’s control, for now, under 9th Circuit order.
In a late-night ruling, the U.S. 9th Circuit Court of Appeals paused a court order that would have required President Trump to return control of thousands of California National Guard troops in Los Angeles to Gov. Gavin Newsom.
A three-judge panel scheduled a hearing Tuesday, meaning the National Guard will remain under federal control through the weekend.
Original Story
Clinton Judge Charles Breyer, brother of former SCOTUS Justice Breyer, today ordered Donald Trump to return control of the California National Guard to Governor Newsom who allowed violent radicals to attack ICE agents for two days and nights. The judge claimed that Trump’s actions were illegal. However it has been done before, by LBJ for one and Dwight D. Eisenhower for another.
The order, which takes effect at noon Friday, said the deployment of the Guard was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority.
The federal government immediately filed an appeal with the Ninth Circuit court.
It could go right to the Supreme Court.
California Gov. Gavin Newsom sued to block the Guard’s deployment since he didn’t agree.
Maj. Gen. Scott Sherman, speaking in an interview with The Associated Press and one other media outlet, said that as of Wednesday about 500 of the Guard troops have been trained to accompany agents on immigration operations. Photos of Guard soldiers providing security for the agents have already been circulated by immigration officials.
Sherman is commander of Task Force 51, which is overseeing the Guard troops and Marines sent to Los Angeles.
In a brief filed ahead of the Thursday hearing, the Justice Department said Trump’s orders were not subject to judicial review.
“Courts did not interfere when President Eisenhower deployed the military to protect school desegregation. Courts did not interfere when President Nixon deployed the military to deliver the mail in the midst of a postal strike. And courts should not interfere here either,” the department said.
“Our position is this is not subject to judicial review,” Shumate told the judge.
Breyer, who at one point waved a copy of the constitution, said he disagreed.
“We’re talking about the president exercising his authority, and the president is of course limited in that authority. That’s the difference between a constitutional government and King George,” he said.
It sounds like Judge Charlie is ready to join the No Kings “rallies”.
Newsom claimed the Guard were securing the border, which he left open for years. Newsom’s actually fundraising off the National Guard.
Federal District Court Judge Assumes Control of the US Military
This judge has second guessed the Commander In Chief and ordered the President to return control of the National Guard to Gavin Newsom pic.twitter.com/m6FGQnQ0vM
— Phil Holloway ✈️ (@PhilHollowayEsq) June 13, 2025
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Like last week, a rogue judge gets overruled within hours.
Trump wins this case in the end.
By definition, since Breyer knows the law, he is corrupt.
The 9TH circuit court has stepped in and said not so fast Clinton Judge<
” …The order, which takes effect at noon Friday, said the deployment of the Guard was illegal and both violated the Tenth Amendment and exceeded Trump’s statutory authority…”
The judge is wrong.
Title 10 USC 12406 (and the Insurrection act of 1807 not yet invoked) make it totally legal for a President to do what Trump did.
The 10th amendment does not apply, the judge is VERY wrong.
Those judges blocking Trump should be arrested, they are part of a mutiny.
Mutiny usually applies to ships, but the word has a wider meaning.
Mutiny ; an open rebellion against the proper authorities \ refuse to obey the orders of a person in authority.
those rogue judges are actively involved in a mutiny.
They must be stopped, arrested, prosecuted, put in prison.
Te more the juidges act foolishly and unconstitutinally, the more they lse te trust of the people,
They are working hand in glove with the anarchists to destroty constitutional government.
Bottom line. they havebroken their oaths to uh9ld the constitution and now shuld be cnsidered traitors.
Congrats you foolish judge. You’ve declared our executive branch to now be a monstrous hydra with at least 678 heads.
You comment shows why the constitution, and the uphlding of the consttution is essential to maintain our government so we are not reduced to anarchy.with each judge having his own territory with him as the war lord controlling it? Of course is a stronger person like a mafia don, or cartel head decides to take it from him…