Trump's deployment of CA National Guard in LA returns to federal court Tuesday
SAN FRANCISCO -- The legal battle over President Trump's deployment of the California National Guard in Los Angeles will continue Tuesday in a federal appeals court in San Francisco.
A judge ruled the move was illegal but the case was put on hold until it can go before an appeals court on Tuesday.
Newly-released video from the courtroom shows State of California prosecutor Nicholas Green in federal court last week.
He argued against the Department of Justice's Brett Shumate regarding President Trump's deployment of the California National Guard.
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"As to the Guard, our position is they were not lawfully federalized. If this is not domestic law enforcement by the military, unclear to me what would be," Green said.
Shumate defended the government and the President in his decision to call in the California National Guard.
"The President may nationalize the state National Guard, the governors shall issue, the orders shall be issued through the governors there is no consultation requirement preapproval requirement. The government is merely conduit. He's not a roadblock, the President doesn't have to call up the governor, invite them to Camp David, let's have a summit, and negotiate for a week about what are the terms, we're going to call up the national guard in your state," said Shumate.
The 9th Circuit paused U.S. District judge Charles Breyer ruling last week ordering Trump to return control of the National Guard to Governor Gavin Newsom.
Newsom took the ruling as a win moments after it came down.
"Let's be clear, the National Guard will come back under my authority by noon tomorrow," Newsom said. "The National Guard will be redeployed to what they were doing before Donald Trump commandeered them."
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"That there was a stay put in place really doesn't give us any indication of what the court is going to decide," Menlo College political science and constitutional law professor Melissa Michelson told ABC7 News.
"On the one hand, it was a win for Trump because it means he maintains control of the troops," Michelson said. "But it doesn't actually mean that he's going to win in court. It just means that control wasn't taken away at that Friday noon deadline like we thought it was going to."
The 4,000 National Guard troops deployed to Los Angeles have remained as thousands protested against President Trump across the country this weekend.
"One likelihood is that the 9th Circuit says, you know what, the lower court was correct, Judge Breyer was correct, the troops need to be given back to the governor right away," Michelson said.
Michelson says there's a chance Newsom gets control back, or the case could stay in limbo a little longer.
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"Another possible outcome is that they say, well, you know, we're going to take some more time to think about this. And for the foreseeable future, we're going to leave control with the president until we've made a decision," she said.
No matter the decision, Michelson says the case is likely headed to the Supreme Court.
"Just because we know that no matter what, there's probably going to be an appeal, doesn't mean that the Supreme Court will absolutely make a decision," she said. "But they can also make a decision by not making a decision to take the case, saying we don't see a need to reconsider the 9th Circuit decision, we're going to just let that stand."
