Andy McCarthy says not so fast to Gavin Newsom for celebrating court win over Trump

Former federal prosecutor Andy McCarthy said Wednesday Democratic Gov. Gavin Newsom of California may be celebrating prematurely after a federal district judge blocked the use of National Guard personnel to address riots in Los Angeles.

United States District Judge Charles Breyer of the Northern District of California, a Clinton appointee, ordered President Donald Trump to “return control of the California National Guard to the Governor of the State of California” Thursday before an appeals court paused the decision, prompting Newsom to gloat that Trump had been “relieved of his command.” McCarthy told “Fox and Friends” co-host Lawrence Jones that the Trump administration had a strong argument for overturning the ruling.

“If it is the president’s duty to carry out federal immigration law and they said protests won’t stop until they stop the orders, doesn’t the president have the right to call in the National Guard to secure that federal operation?” Jones asked McCarthy, who responded, “Yeah, I think, Lawrence, you’ve hit on the most strong argument the administration has, which is that when the president is protecting federal responsibilities, federal facilities or federal personnel, he’s on strong ground to do what needs to be done in order to carry out those missions.”

WATCH:

Newsom made multiple posts on X Thursday celebrating Breyer’s ruling, including one with a nearly-22 minute press conference, during which he said, “The courts have ruled on the Guard. They will be back under my command and he’ll be relieved, Donald Trump will be relieved of his command at noon tomorrow.”

Trump ordered 700 Marines to back up the deployment of federalized National Guard troops on June 9 as riots continued into their fifth day following a June 6 raid by United States Immigration and Customs Enforcement (ICE) in the Los Angeles area.

“This is a district judge who didn’t really make a great decision here,” McCarthy said about Breyer’s ruling, “I don’t think the analysis will bowl anyone over, but I expect the Ninth Circuit is going to overturn this really quickly and whether the Supreme Court even decides to hear it or not after that remains to be seen. But I think that, you know, to the extent governor Newsom is up in a balloon because he got a district judge to rule his way, that’s going to be a very fleeting victory.”

The anti-ICE riots have since spread nationwide, with police declaring a riot near the Portland, Oregon, ICE facility Saturday, according to journalist David Medina.

Posters that included names, home addresses and photos of ICE agents were also posted in Portland, Medina reported.

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