Appeals Court Sides With Trump On National Guard Deployment In L.A.

(Updated with Trump & Gov. Newsom statements)Three federal appeals court judges have ruled that Donald Trump can continue to be in charge of the California National Guard over Gavin Newsom. However, with a preliminary injunction hearing set for Friday morning in San Francisco before the lower court judge who first handed command of the Guard back to the Governor earlier this month, POTUS’ rule may be short-lived.

Still, leaning in hard again and again to “a question of statutory interpretation.,” the two Trump appointed judges and one Joe Biden appointed judge of the  9^th Circuit Court of Appeals were unanimous that POTUS had the right under a fairly obscure statute to federalize the Golden State National Guard on June 7 with or without Newsom’s consent in response to protests over a flood of ICE raids in and around L..A on June 6. “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),” wrote Judges Mark Bennett, Eric Miller and Jennifer Sung late Thursday, after hearing arguments from both sides on June 17.

“Defendants have made the required strong showing that they are likely to succeed on the merits of their appeal. We disagree with Defendants’ primary argument that the President’s decision to federalize members of the California National Guard under 10 U.S.C. § 12406 is completely insulated from judicial review,” the trio wrote Thursday. “Nonetheless, we are persuaded that, under longstanding precedent interpreting the statutory predecessor to § 12406, our review of that decision must be highly deferential.”

Read the Appeals Court ruling allowing Trump to maintain control of the California National Guard here

“We also conclude that the other stay factors—irreparable harm to Defendants, injury to Plaintiffs, and the public interest—weigh in Defendants’ favor. Thus, we grant the motion for a stay pending appeal.”ed

It should be noted that lawyers from Trump’s DOJ bluntly told the judges at the end of that June 17 hearing that if they ruled against the administration, the feds were going to try to take the matter to the Supreme Court.

Trading increasingly hardcore barbs in the press and on social media the past two weeks, neither Trump nor Newsom had anything to say initially about the appeals court ruling tonight when contacted by Deadline.

Later the Governor sent out a statement trying to make the best of a not so great situation.

“The court rightly rejected Trump’s claim that he can do whatever he wants with the National Guard and not have to explain himself to a court,” Newsom said, as well as expressing “disappointment” in the ruling that gave POPTUS hold on the National Guard still. “The President is not a king and is not above the law. We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens.”

Typically Trump was much more hyperbolic to his own benefit in his own remarks.

“BIG WIN in the Ninth Circuit Court of Appeals on the President’s core power to call in the National Guard!” Trump posted on his Truth Social feed Thursday at close to midnight East Coast time.

“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 said revealing his larger aims than just DTLA. “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!”

Proud or not, lawyers for both sides will be facing off again Friday in front of Judge Charles Breyer for that preliminary injunction, which could see Newsom back in charge of the Guard again. Judge Breyer is the same judge who granted the Governor and California’s Attorney General that TRO back on June 12, until the Appeals Court hit the brakes on it with an administrative stay a few hours later.

Gov. Newsom has made a point of cautioning again and again that the method by which Trump took near unprecedented control of the California Guard actually applies nationwide and could easily be used in other states if the Blue state targeting White House feel a level of civil unrest has been reached.

The unrest on the streets of downtown L.A. seems to have quelled this week even as ICE raids continued at Home Depots and elsewhere in the City of Angels in force on this Juneteenth holiday. In that context, the judges today referenced the Federalist Papers and insisted “we are not writing on a blank slate,” with their decision to reject Newsom’s fleetingly successful temporary restraining order request and siding with Trump and Defense Secretary Pete Hegseth.

After the massive No Kings demonstrations of June 14, federal buildings downtown — where many of the undocumented immigrants abducted by ICE and DHS are being held in basements and bleak conditions — are still surrounded by some of the heavily armed 4,000 Guard troops Trump put on the streets. Around 700 U.S. Marines were also deployed by Sec. Hegseth. Those Marines are not a part of this litigation.

As the court battle has raged on, Trump in typical fashion has threatened to withhold much needed disaster aid to California in vengeance for his authority being challenged by longtime foe Newsom. For his own part, the Governor has taken swings online, accusing Trump over diverting valuable resources from the state just as wildfire season begins in California.

You pulled National Guard from my command — who were literally doing this work — to stand around in front of a building in LA.

Does the President of the United States not understand what his troops do?

Is he confused again?

Deeply disturbing. https://t.co/qjJZu9gDL9

— Gavin Newsom (@GavinNewsom) June 18, 2025

Ted Johnson contributed to this report