U.S. District Judge Charles Breyer said in an order that President Donald Trump must return control of the National Guard to California Gov. Gavin Newsom.Trump’s actions “were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” Breyer said.“He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”The order is stayed until noon on June 13. The administration quickly filed an appeal to the U.S. Court of Appeals for the Ninth Circuit.Breyer’s order came after a hearing on June 12, roughly a week after protests erupted in Los Angeles against Immigration and Customs Enforcement operations. The issue centered on whether Trump had authority under federal law to federalize the National Guard.Justice Department attorney Brett Shumate argued in court that President Donald Trump did follow that law and that the judge couldn’t review his actions. California’s attorney, Nicholas Green, had argued that the administration was arguing for an overly expansive view of federal power.Newsom’s lawsuit had focused on a portion of the law—Section 12406—that required an order to be issued through governors when the president took control of the National Guard.Shumate said Newsom was “merely a conduit” and that the law didn’t require any kind of consultation with the governor.Newsom suggested it entailed more, such as some kind of consultation or consent from the governor. He also alleged that Trump was infringing on the governor’s authority over law enforcement within the state.During the hearing in San Francisco, Breyer questioned whether Trump’s order to federalize the National Guard had actually gone through the governor as required by federal law. The Trump administration had sent an order to the adjutant general, who commands the state’s national guard.
This is a developing story and will be updated.