9th Circuit Sides With President Trump
Trump Keeps Control Of Guard Through The Weekend
Update
I'm sure Gavin Newsom enjoyed control over the California Guard while it lasted.
Of course, he didn't really get control, as Judge Breyer stayed his order until noon Friday (today) so President Trump could file an appeal.
In a surprise late night ruling, a three judge panel of the 9th Circuit Court of Appeals reversed Judge Breyer’s order, scheduling a Tuesday hearing to decide if the reversal should be made permanent.
The timing of the hearing is undeniably convenient, as it leaves President Trump in command of the California Guard through the weekend, when a number of protests are scheduled to occur, coinciding with a military parade Trump is planning, as well as Trump’s birthday.
By the time the Court issues its ruling the issue may very well be mooted by subsequent events.
If the Democrat Insurrection is suppressed, President Trump loses nothing by returning control of the California Guard to Newsom. If the Insurrection revives after Newsom resumes control then Newsom either will act to suppress it or be forced to step aside and let Trump retake control.
The 9th Circuit ruling may also dampen the spirits of would-be protesters cum insurrectionists for the weekend uprisings.
In just about every imaginable scenario, the 9th Circuit has handed a timely win to President Trump.
Starting Point
Judge Charles R. Breyer perhaps unsurprisingly ruled that President Trump acted illegally in federalizing California’s National Guard and acting to suppress the Democrat Insurrection in Los Angeles.
At this early stage of the proceedings, the Court must determine whether the President followed the congressionally mandated procedure for his actions. He did not. His actions were illegal—both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution. He must therefore return control of the California National Guard to the Governor of the State of California forthwith.
Ironically, Judge Breyer may ultimately be overruled by the court of public opinion: An InsiderAdvantage poll found that, in spite of a considerable partisan divide, 59% of Americans approve of President Trump’s decision to call out the National Guard.
With even a majority of independent voters supporting the decision, Gavin Newsom may find himself with little choice but to keep the National Guard deployed at least past this coming weekend, when the leftist group “No Kings”, along with other Democrat proxies, is planning a series of “protests” targeting President Trump’s insistence on actually enforcing US immigration law.
A separate Washington Post poll found only a minority of Americans opposing Trump’s decision to call out the National Guard.
Ironically, corporate media’s own polling finds most Americans support the Trump Administration’s push to deport illegal aliens.
If the insurrection persists after Gavin Newsom regains control of the California Guard (assuming the appeals do not find in favor of the Trump Administration), Newsom may very well be forced to act in a most “Trumpian” fashion to restore order. Alternatively, President Trump might invoke the Insurrection Act1 to sidestep Judge Breyer’s order completely.
Either way, if order is restored, President Trump will naturally (and perhaps correctly) claim it was due to his prompt and decisive action. Gavin Newsom has already claimed Trump made the insurrection worse, but if the above polls are any guide to public sentiment, that claim is not resonating with the broad cross-section of the American electorate.
If order is not restored now that Newsom has won in court the right to reassert control over the California Guard, Trump can point to the court order to hang any continuation of the violence around Newsom’s neck like a political albatross.
During next year’s mid-term elections, which are voters more likely to remember? That President Trump presumably failed to dot every “i” and cross every “t” in activating the National Guard to deal with the Democrat Insurrection, or that President Trump acted to put down the Democrat Insurrection when Gavin Newsom and Los Angeles Mayor Karen Bass refused to do so?
Judge Breyer chose to side with the insurrectionists. Based on the polls, most Americans are siding with Donald Trump.
Bodes well for this weekend’s riots-in-waiting
Great news for people who respect the law. Not so great news for the insurrectionists.