In a show of political muscle, Trump ignored the objections of Democratic Governor Gavin Newsom, who would usually oversee the National Guard.
Late last week a judge said the Republican President’s actions were “illegal” and ordered that he return control of the force to Newsom.
But a higher court paused that ruling after the Trump administration lodged an appeal and slammed the judge’s order as an “extraordinary intrusion on the President’s constitutional authority as Commander in Chief”.
‘Extreme measure’
At an appeals hearing on Tuesday, the Justice Department argued Trump needed to keep control of California’s troops to ensure federal immigration officers could carry out arrests without threats from the public.
“Unfortunately, local authorities are either unable or unwilling to protect federal personnel and property from the mob violence ongoing in Los Angeles today,” said Brett Shumate, representing the Trump administration.
California officials have rejected that charge, insisting that Trump’s use of the military has escalated demonstrations that Los Angeles law enforcement could have handled.
Samuel Harbourt, representing Newsom and California, pointed out that local authorities in Los Angeles have made around 1000 arrests during the disorder.
“Are we in a world that’s so different from normal conditions as to justify an extreme measure like militarising the situation and bringing in the National Guard?” he said.
Harbourt urged the San Francisco court to lift the pause on the original order, meaning Trump would have to concede control of the National Guard.
“Every day that this order remains in effect it is causing harm for our nation’s broader democratic tradition of separation of the military from civilian affairs,” he said.
That, he added, “sets a precedent for this President, and future Presidents, to take similar actions going forward”.
‘Totally lost control’
The fatigue-wearing guardsmen have been tasked with protecting federal property in Los Angeles, stationed outside buildings with helmets and large shields.
US law restricts them from arresting citizens, though some guardsmen have fired tear gas and non-lethal rounds towards protesters, according to local media.
It is the first time since 1965 that a US President has deployed the National Guard without the express wishes of a state’s Governor.
Trump has been unrepentant, taking credit for making Los Angeles “safe” and declaring that Newsom – a contender for the Democratic presidential nomination in 2028 – had “totally lost control”.
The dispute mirrors multiple other tussles over Trump’s attempts to expand the limits of presidential power but is the first to involve troops.
Like other cases, it could go all the way to the Supreme Court, where conservative judges hold a 6-3 majority.
Many in Los Angeles are angry about immigration raids carried out as part of Trump’s ambition to deport vast numbers of undocumented migrants around the country.
Outrage at the use of masked, armed immigration agents has also sparked protests in other cities, including San Francisco, New York, Chicago and San Antonio, Texas.
– Agence France-Presse
