President Donald Trump secured a “big win” against California Governor Gavin Newsom (D), he declared on Truth Social.
“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,” Trump wrote. “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!”
The Ninth Circuit Court of Appeals issued a 3-0 ruling that blocked a decision from a district judge who found Trump in violation of the Constitution when he sent the National Guard to California against Newsom.
Judge Mark J. Bennett wrote for the court that they “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.'”
“Both irreparable harm and the public interest weigh in favor of Defendants, who have an uncontested interest in the protection of federal agents and property and the faithful execution of law,” the decision read. “The undisputed facts demonstrate that before the deployment of the National Guard, protesters ‘pinned down’ several federal officers and threw ‘concrete chunks, bottles of liquid, and other objects’ at the officers. Protesters also damaged federal buildings and caused the closure of at least one federal building.”
