Appeals court in San Francisco to hear arguments in National Guard deployment in Los Angeles

SAN FRANCISCO AP A federal appeals court in San Francisco is scheduled to hear arguments Tuesday on whether the Trump administration should return control of National Guard troops to California after they were deployed following protests in Los Angeles over immigration raids The hearing comes after the th U S Circuit Court of Appeals granted a request by the administration last week to temporarily pause a lower court order that directed President Donald Trump to return control of the soldiers to the governor who filed a lawsuit over the deployment The three-judge panel is set to hear oral arguments via video starting at noon and protests outside the downtown San Francisco court are expected U S District Judge Charles Breyer in San Francisco ruled last week that the Guard deployment was illegal and exceeded Trump s statutory authority It applied only to the National Guard troops and not the Marines who were also deployed to LA The Trump administration argued the deployment was necessary to restore order and protect federal buildings and officers In his lawsuit Gov Gavin Newsom accused the president of inflaming tensions breaching state sovereignty and wasting guidance The governor calls the federal ruling body s decision to take command of the state s National Guard illegal and immoral Newsom filed the suit following days of unrest as demonstrators protested against federal immigration raids across the city The judge ruled the Trump violated the use of Title which allows the president to call the National Guard into federal arrangement when the country is invaded when there is a rebellion or danger of a rebellion against the authority of the Cabinet or when the president is unable to execute the laws of the United States Breyer who was appointed by former President Bill Clinton announced in his ruling that what has been happening in Los Angeles does not meet the definition of a rebellion The protests in Los Angeles fall far short of rebellion he wrote Individuals right to protest the governing body is one of the fundamental rights protected by the First Amendment and just because particular stray bad actors go too far does not wipe out that right for everyone The National Guard hasn t been activated without a governor s permission since when President Lyndon B Johnson sent troops to protect a civil rights march in Alabama according to the Brennan Center for Justice