We are in the midst of daily insurrection in the form of rioting in Los Angeles, while a great deal of Democrats and the media are trying to deny what everyone can see happening in real time. Indeed, this looks much more like an insurrection than anything that happened on January 6, 2021. And as a result, Trump nationalized the California National Guard and called in the Marines.

And so, Gavin Newsom did what every Democrat does when they don’t like what Trump does. He ran to the teacher to the courts:

First off, we are pretty sure a huge chunk of the people rioting are not American citizens or even legal immigrants.

Second, while he doesn’t provide a full copy of the motion for a Temporary Restraining Order we can discern a few things from the screenshot. First off, it explicitly says that it wants this to be an ‘ex parte’ restraining order. That means, more or less, that they want to have this done without allowing the Federal Government to respond.

There are some situations where the law and the facts are clearly on the side of a plaintiff, but there isn’t enough time for the other side to have a chance to have their side heard. But in this case, the facts and law are not clearly in the plaintiff’s (Newsom’s) favor. Starting with the law, under 10 U.S.C. § 253, Trump has broad discretion to use the militia (the national guard) or the military in this situation:

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—

(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

So all Trump has to do is show either a combination or conspiracy to ‘oppose[] or obstruct[] the execution of the laws of the United States or impede[] the course of justice under those laws.’ And a conspiracy, in the law, is little more than two or more people agreeing to act together to obstruct the law, and we can see multiple people working in concert and at least silent agreement to do exactly that on our television sets. The requirements of this statute are easily met.

Let's not walk past the fact they are attempting to do this without the other side having a chance to be heard. The Supreme Court has long said that the bare minimum of due process is notice and an opportunity to be heard, and Newsom is trying to deny that to the Federal Government. There are narrow exceptions to the requirement of notice and an opportunity to be heard, but generally they involve absolute emergencies where it is difficult to locate the other party, such as a woman is afraid her boyfriend will show up at her house and kill her, and they can’t actually locate him so that he can take part in the hearing. But the Federal Government is, by its nature, easy to locate. Indeed, Trump himself is evidently a phone call away from Newsom. So what possible excuse is there for not at least letting them know they have filed? 

The indispensable Professor Cleveland provides us with a copy of the underlying complaint, here:

Just to put things into context, a complaint sets the lawsuit in motion. That will typically eventually lead to a trial and a ruling on a possible final injunction, but that can take several months. If you need help from the court immediately, then you have to file a motion, like in the screenshot Newsom just shared, asking for some kind of temporary relief, while awaiting trial. So the complaint needs to be filed first, then a motion for a temporary restraining order, if you choose to file for one.

Cleveland also has a little commentary on the motion for a temporary restraining order (‘TRO’).

And the case was appointed to a relative moderate:

NDCA means Northern District of California. In any case, that leads us to the breaking news:

So, for now the motion for a temporary restraining order is denied. But there will be a hearing on Thursday on the issue. If this judge is as moderate as claimed, this motion is a complete non-starter. The courts simply will not try to interfere with actual military operations in progress. There are a number of doctrines involved, but that is the bottom line. We are talking war powers, and they will not micromanage that.

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Editor’s Note: Radical leftist judges are doing everything they can to hamstring President Trump’s agenda to make America great again.

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