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Ninth Circuit Gives Trump Back Control of the California National Guard … for Now – Twitchy

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June 13, 2025
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Ya' Don't SAY! Anti-ICE LA Police Chief BACKPEDALS, Admits Riots Escalated BEFORE Trump Acted (Watch) – Twitchy

Well, that was quick. Trump once again is able to be Commander-in-Chief. Let’s do a quick review.

On Tuesday, Gavin Newsom filed a motion for a Temporary Restraining Order challenging Trump’s use of the military, including the National Guard, in California and was initially denied, with Judge Breyer setting a hearing for Thursday, meaning the day that is close to ending as we write this. The judge also set a very tight briefing schedule. If you want a lot of substantive legal discussion, you will find it in the post discussing the DOJ’s filing opposing Newsom’s motion for a temporary restraining order, and the post discussing how the hearing went. That last post predicted that Judge Breyer was going to claim that Trump had no right to federalize the National Guard and within a few minutes we were proven right when the judge issued exactly that order.





And now that order has been stayed:

We will cut and paste the meat of the order in just a moment so you don’t need to squint at her pictures. But she has more:

So just to cut and paste all that text you just saw in her pictures, here’s the meat of the order tonight:

Before: BENNETT, MILLER, and SUNG, Circuit Judges.

The court has received the government’s emergency motion for stay pending appeal. Dkt. No. 5. The request for an administrative stay is GRANTED. The district court’s June 12, 2025 temporary restraining order is temporarily stayed pending further order. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The response to the emergency motion is due June 15, 2025 at 9:00 AM PDT. The optional reply in support of the emergency motion is due June 16, 2025 at 9:00 AM PDT.

The panel will hold a remote hearing by Zoom on June 17, 2025 at 12:00 PM PDT.

That’s literally it. There isn’t even a signature, but there is the normal boxed caption at the top.

So, for now, Judge Breyer’s order is not in effect. That means the Trump Administration retains control of the part of California National Guard they claimed control over (as we understand it, Trump is only grabbing a portion of their troops). The Trump Administration apparently filed an emergency motion opposing Breyer’s order and the Newsom team is told how long they have to respond to that motion and when the Trump Administration is allowed to reply to it. The hearing will be June 17, which is five days from the initial order.

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And that, in and of itself, might be all the victory Trump needs, if the Trump Administration really starts to crack some heads and get control of the situation. It is conceivable that the riots will have died down. That gets us into next Tuesday and there is no guarantee that the court will do anything on that day—although if they are inclined to uphold the lower court ruling, they will want to do it quickly. We doubt that they will take more than a week after June 17 to decide one way or the other, though, even if they rule in Trump’s favor.

Of course, the X factor here is the larger court. The Ninth Circuit is easily one of the most leftist courts in the country and the entire court might try to overrule this decision. But even if that happens, we think the Supreme Court will intervene, quickly.

And it is notable that this panel intervened quickly. Cleveland posted about Breyer’s decision at 9:11 PM, eastern standard time. The Ninth Circuit panel of three judges intervened at 11:28. If we assume she posted it quickly after the decision came out, which is likely, that is a little more than two hours. That is lightning fast in judicial time.

Indeed, Prof. Cleveland decided to rub it in a bit:

And also Libs of TikTok got in on it:





We can’t verify independently what she said about the pinned Tweet, but it seems likely.

Some quick reactions:

We think that the actual response from the these judges was something like ‘You had me at hello.’ Joking aside, we think that they were inclined to issue this stay no matter what because in essence this judge was trying to stop law enforcement as rioting continued. So we think they were waiting to be officially asked. They very much preferred to err in terms of giving Trump too much power right now, and if it turned out he wasn’t allowed to do this, to clean up the mess afterward.

Solid movie reference.

Exactly. The district court was trying to decide absolutely monumental issues of the separation of powers during emergencies on a hurried timetable. This is not conducive to good decision-making.





Fair point, but sometimes you speak softly and carry a big stick. And the big stick here is the threat that Trump will just ignore Breyer’s order entirely.

And let’s bring in the other news breaking tonight:

*laughs*

Newsom was crazy to gloat like that.

Well, three judges of it.

Technically yes. Two negatives is a positive, which is why we wrote the headline the way we did. But technically they are stopping the order which stopped Trump.





We admit we didn’t think they’d be so lucky in the Ninth Circuit. We are glad to be wrong.

Yes, this is fast for a court.

Literally for the troops nothing changed.





Finally, some good news for Newsom:

To quote the BlogFather: ‘Heh. Indeed.’

RELATED: BREAKING: Judge Rules Trump Cannot Use the National Guard to Stop Riots in Los Angeles

LAWSPLAINING: Uh-oh. Judge Breyer Is Probably Going to Rule That Trump Cannot Call Out the Military in LA

DOJ’s Opposition to Newsom’s Motion for Restraining Order Has an Embarrassing Mistake (And a Deep Dive)

BREAKING: Federal Judge Rules on Newsom’s Motion to SHUT DOWN Trump’s Efforts To Stop the Riots

LAWSPLAINING: Margot Cleveland Suggests That the FBI Has Systematically Violated Defendants’ Rights

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The Question Isn’t Whether Trump Can Revoke Biden’s Pardons. It’s Whether They Were Issued at all


Editor’s Note: Radical leftist judges are doing everything they can to hamstring President Trump’s agenda to make America great again.

Help us hold these corrupt judges accountable for their unconstitutional rulings. Join Twitchy VIP and use promo code FIGHT to get 60% off your membership.





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