Gov. Gavin Newsom‘s (D-CA) lawyers argued to a federal judge Monday that the lower court still has some authority to block President Donald Trump’s use of the National Guard in Los Angeles, despite an appeals court blocking a previous order from that judge, which ordered Trump return control of the California National Guard to Newsom.

Lawyers for the Newsom and Trump administrations were asked by U.S. District Judge Charles Breyer about whether they believe Newsom had the authority to issue any orders on Trump’s federalization and deployment of the National Guard to Los Angeles, after a federal appeals court blocked his prior order.

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Newsom’s lawyers argued in the filing that the appeals court’s ruling dealt only with the “initial invocation of the federalization authority” and did not address California officials’ arguments that Trump violated the Posse Comitatus Act. The Posse Comitatus Act prevents federal troops from acting as regular law enforcement officers, something the Trump administration has denied that the troops in Los Angeles are doing.

“In sum, this Court has jurisdiction to consider a preliminary injunction on any issue not before the Ninth Circuit,” including California’s arguments about the Posse Comitatus Act “and the scope and duration of the federalization of National Guard units,” Newsom’s lawyers said in the filing.

The Justice Department argued that the question of whether Breyer has jurisdiction to issue another order is “largely a moot point because the Ninth Circuit’s stay decision logically forecloses Plaintiffs’ Posse Comitatus Act claim.”

Lawyers for the DOJ also said that even if the judge found jurisdiction to rule on the Posse Comitatus Act as part of Newsom’s complaint, Trump did not violate the law with his deployment of the National Guard.

COURT ALLOWS TRUMP TO RETAIN CONTROL OF CALIFORNIA NATIONAL GUARD, BLOCKING BREYER ORDER

Breyer’s temporary restraining order was blocked by the U.S. Court of Appeals for the 9th Circuit last week, a day before he had scheduled a hearing on a motion for a preliminary injunction. The stay by the appeals court means Trump’s use of the National Guard may continue in the interim, unless Newsom appeals to the full 9th Circuit or to the Supreme Court.

Breyer did not establish a timeline to issue his decision on whether he has jurisdiction to rule again on Trump’s National Guard order.