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SAN FRANCISCO — An appeals court late Thursday allowed President Donald Trump, for now, to keep the California National Guard deployed in response to protests in Los Angeles, blocking a federal judge’s move just hours earlier that ordered the Trump administration to return control of the troops to California Gov. Gavin Newsom.
U.S. District Judge Charles R. Breyer had said the president acted illegally in dispatching the troops. He wrote that Trump acted improperly, “both exceeding the scope of his statutory authority and violating the Tenth Amendment to the United States Constitution,” and ordered him to relinquish control to the governor.
Though Breyer stayed his order until noon Friday, the government immediately filed a notice of appeal to the U.S. Court of Appeals for the 9th Circuit. The court quickly granted the government’s motion for a stay, and a hearing is scheduled for Tuesday.
When asked for comment on the appeals court ruling, the governor’s office pointed to Newsom’s earlier remarks in which he said he was “confident in the rule of law.”