Hours after a federal judge ordered President Donald Trump to return control of the California National Guard to Gov. Gavin Newsom, a federal appeals court Thursday evening granted Trump’s emergency motion to stay the ruling — hitting pause on a decision that would have taken effect at noon Friday.
In a day of fast-moving events, U.S. District Judge Charles Breyer presided over an emergency hearing in San Francisco federal court in which he determined that Trump’s actions Saturday — when he federalized National Guard troops and assumed control of the forces — did not follow congressionally mandated procedure.
“His actions were illegal — both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” the judge wrote in a 36-page decision. “He must therefore return control of the California National Guard to the Governor of the State of California forthwith.”
Breyer said the issue is “the president exercising his authority, and the president is, of course, limited. That’s the difference between a constitutional government and King George.”
Breyer ordered Trump to hand over control of the California National Guard by noon Friday to the governor.
But the Trump administration Thursday evening then filed a notice of appeal to the U.S. 9th Circuit Court of Appeals — and a three-judge appellate panel stayed Breyer’s ruling and scheduled a hearing Tuesday.
The state National Guard will remain under federal control through the weekend.
In his initial ruling, Breyer indicated that Trump’s deployment of 4,000 members of California’s National Guard to the streets of Los Angeles — over Newsom’s strenuous objections — was legally deficient. The judge also was dubious of Trump’s insistence that the unrest in Los Angeles posed a “danger of rebellion.”
The judge said Trump did not appear to have met a legal requirement that such orders must pass through the governor of the state involved.
Breyer declined to immediately rule on Newsom’s request to block the call-up of 700 active-duty Marines to Los Angeles, saying any action from the bench seemed premature because the troops hadn’t yet arrived in the city.
In a post on X, Newsom wrote that the court confirmed “what we all know: The military belongs on the battlefield, not on our city streets.”
Addressing Trump, the governor demanded that the president end the “unnecessary militarization of Los Angeles now. Refusing to do so will only confirm your authoritarian tendencies. The country is watching.”
Newsom also posted that Trump “is using brave American soldiers as props in his political performance. It’s unconstitutional, it’s immoral, and it’s putting innocent lives at risk. This isn’t leadership. It’s a dangerous abuse of power.”
The hearing Thursday stemmed from a lawsuit brought late Monday by Newsom and state Attorney General Rob Bonta following Trump’s escalation of military forces in the Los Angeles area.
“The federal government is now turning the military against American citizens,” Newsom said in a statement after filing the lawsuit. “Sending trained warfighters onto the streets is unprecedented and threatens the very core of our democracy. Donald Trump is behaving like a tyrant, not a President. We ask the court to immediately block these unlawful actions.”
The state’s suit names Trump, Defense Secretary Pete Hegseth and the U.S. Department of Defense as defendants, alleging violations of the U.S. Constitution and the president’s authority, not only because the takeover occurred without the consent or input of the governor, as federal law requires, but also because, Newsom said, it was unwarranted.
A U.S. Department of Justice spokesperson did not respond to a request for comment on the litigation.
According to state officials, in the early hours of Sunday, the DOD, at the direction of Trump, redirected hundreds of National Guard troops from San Diego to Los Angeles, without authorization from the governor and against the wishes of local law enforcement. In total, the department deployed 4,000 National Guard troops from across the state, as well as an additional 700 Marines, “an inflammatory escalation unsupported by conditions on the ground,” according to Bonta.
Trump has said that the deployment of the National Guard was a matter of law and order carried out in response to protests that erupted Friday during a series of immigration raids in the Los Angeles area, then worsening protests on Saturday.
On Sunday, Tom Homan, acting director of U.S. Immigration and Customs Enforcement, made comments suggesting Newsom and other officials could face arrest if they interfere with federal enforcement actions. The agency later walked back the comment, saying Homan was not threatening to arrest Newsom. But on Monday, Trump told reporters he would support Homan arresting the governor.
“I think it’s great,” Trump said. “Gavin likes the publicity. … He’s done a terrible job. I like Gavin Newsom, he’s a nice guy, but he’s grossly incompetent, everybody knows.”
Newsom responded during an appearance on MSNBC over the weekend.
“Come after me, arrest me. Let’s just get it over with, tough guy, you know?” Newsom said. “I don’t give a damn. But I care about my community. I care about this community. The hell are they doing? These guys need to grow up. They need to stop, and we need to push back. And I’m sorry, to be so clear, but that kind of bloviating is exhausting. So, Tom, arrest me. Let’s go.”