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US appeals court: Trump can command National Guard

US appeals court: Trump can command National Guard

US President Donald Trump has achieved a legal victory in the dispute over the deployment of the National Guard to Los Angeles. A federal appeals court in San Francisco ruled that Trump will retain command of the National Guard in the Californian metropolis. Trump mobilized the National Guard and troops in mid-June following protests against his migration policy – ​​against the wishes of California Governor Gavin Newsom of the Democrats .

Trump "likely acted within his authority" when he deployed the National Guard to protect federal personnel and property in Los Angeles, according to the unanimous decision. The three-judge panel includes two judges appointed by Trump and one appointed by former President Joe Biden . They concluded that Trump's "failure" to issue the federal order directly through the governor of California "does not limit his otherwise lawful authority to deploy the National Guard."

USA Washington 2025 | US President Donald Trump speaks in the Oval Office
"Great victory": US President Donald Trump (archive photo) Photo: Ken Cedeno/Pool/Sipa USA/picture alliance

With this decision, the court overruled a preliminary injunction issued by the San Francisco District Court last week that had declared the U.S. government's deployment of the National Guard unlawful. The appeals court had previously stayed this order at the request of the U.S. government pending a final decision.

Governor Newsom: "The fight is not over"

Trump celebrated the latest ruling as a "great victory." Newsom, on the other hand, announced further protests against the US president's actions. "The fight is not over," he declared on the online service X. California could now take the case to the Supreme Court. The governor considered it a success that the appeals court rejected Trump's argument that his order to deploy the National Guard was completely immune to judicial review.

USA | California Governor Gavin Newsom speaks behind a sign reading
"Trump is not a king": California Governor Gavin Newsom (archive photo) Photo: Renee C. Byer/The Sacramento Bee/TNS Photo/Newscom/picture alliance

"Tonight, the court rightly rejected Trump's claim that he could do whatever he wanted with the National Guard without having to answer to a court," Newsom said. Trump is "no king" and not above the law.

President insists on Title 10

When deploying the National Guard to Los Angeles, Trump invoked Title 10, a rarely used law. Normally, the governor of the respective state mobilizes the National Guard to provide support, for example, in the event of natural disasters.

The Republican president justified the move by saying that protests in Los Angeles against his administration's crackdown on immigrants had gotten out of control and that the city was "burning." Newsom had opposed the deployment of the National Guard, warning that it could further escalate the situation. Trump deployed the National Guard nonetheless.

jj/pg (dpa, afp)

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