Things continue to get worse for Gavin Newsom as his presidential aspirations begin to fade. You'd think he'd have figured out by now that he can't beat President Trump when it comes to the National Guard and illegals, and yet he keeps on embarrassing himself over and over again.
Imagine if he had spent this much energy on protecting the people of his state. Trump wouldn't have had to bring in the National Guard in the first place, but OH NO.
God forbid Democrats actually do the job their constituents hired them for.
Post continues:
... who is suing the president over the deployment.
The CA appellate court immediately put a hold on the order about an hour after Breyer handed it down last week. Last night's decision--by 2 Trump appointees and one Biden appointee--places a permanent hold on Breyer's order pending appeal. (A hearing on Newsom's request for a preliminary injunction is still set for 10am today in Breyer's courtroom. We will see what happens since the appellate court said they treated Breyer's temp restraining order as a preliminary injunction bc Breyer placed no end date on the TRO.)
I will write a more detailed piece on this but a few things stand out in the unanimous CA appellate decision.
Contrary to what Breyer claimed, the appellate court found that the president and his team "made the required strong showing that they are likely to succeed on the merits of their appeal.
"While the judges determined Pres Trump's authority to federalize and deploy CA Natl Guard is statutory and not Constitutional--I am sure something the administration will continue to contest--they nonetheless concluded "the President had a colorable basis for invoking 12406(3)." (The statute the president cited in using the guard.)
CA court: "They presented evidence...of protesters’ interference with the ability of federal officers to execute the laws, leading up to the President’s federalization of the National Guard on June 7."
Unlike Breyer, who went to great lengths to downplay the violence in LA, the appellate court repeatedly cited the threat to police and property.
"There is evidence that the day before, protesters threw objects at ICE vehicles trying to complete a law enforcement operation, 'pinned down' several FPS officers defending federal property by throwing 'concrete chunks, bottles of liquid, and other objects,' and used 'large rolling commercial dumpsters as a battering ram' in an attempt to breach the parking garage of a federal building."
This decision is damning for Newsom. "[Newsom's] own submissions state that some protesters threw objects, including Molotov cocktails, and vandalized property. According to the declarations submitted by [Trump], those activities significantly impeded the ability of federal officers to execute the law."
And this: "The text of [the statute] does not give governors any veto power over the President’s federalization decision."
You love to see it.
============================================================
Related:
============================================================