The Trump administration backtracked on the Newsom case over the deployment of the National Guard
SACRAMENTO – The Trump administration has abandoned its attempt to block a court order to return control of National Guard troops in Los Angeles to Gov. Gavin Newsom from California.
In a statement filed with the U.S. Court of Appeals for the 9th Circuit on Tuesday, Justice Department attorneys said they no longer oppose removing the mandate and formally withdrew their request to keep the military under federal control pending an appeal.
This move follows the decision of the US Supreme Court last week in the case Trump v. Illinois, which casts new doubt on law enforcement officials’ idea of using the National Guard for domestic law enforcement duties. Tuesday’s filing in the appeals court does not acknowledge the merits of the California lawsuit brought by Newsom, but removes a major hurdle in the process of enforcing the lower court’s decision.
In the filing, state attorneys said they “do not object to the temporary lifting of the administrative stay and therefore respectfully withdraw their motion pending appeal.”
“This admission by Trump and his cabinet members means that this illegal intimidation tactic will come to an end,” Newsom wrote in X, adding that he looks forward to the 9th Circuit making a legal decision that will restore the California National Guard to federal duty.
The decision could mark a turning point in a contentious legal battle over Trump’s use of the National Guard, which the president says is necessary to stem tensions over immigration enforcement. Justice Department lawyers argued in court that once assembled, the Guard could remain under the president’s command indefinitely and that the courts had no authority to review their deployment.
Court records show about 300 California troopers remain under federal control, including 100 who were still serving in Los Angeles earlier this month. In mid-December, a video reviewed by The Times showed dozens of troops under Trump’s command quietly exiting the Roybal Federal Building at midnight following an appeals court order to withdraw. The center has been guarded by armed forces since June.
Earlier this month, US District Judge Charles R. Breyer ruled that the president illegally deployed the California National Guard during anti-immigration protests. Breyer ordered that command of the remaining combined forces be returned to Newsom, rejecting the administration’s argument that once combined, Guard units could remain under the president’s control indefinitely. He warned that such a view would increase the constitutional balance between the power of the government and the state.
The Los Angeles case is part of a broader, high-profile legal battle over the president’s authority to deploy the military in American cities. Similar disputes involving the deployment of security guards in Oregon and Illinois are moving forward in the courts, with several judges, including conservative appointees, expressing doubts about the alleged lack of judicial review of such decisions.
Members of Congress have also begun to scrutinize the deployment, raising concerns about civil liberties and the increased use of military forces in public spaces.
