Appeals court quickly shoots down activist judge — lets Trump keep National Guard on street

A federal appeals court quickly halted a lower court’s order directing President Donald Trump to turn over control of the National Guard to California Thursday night.

The Ninth Circuit Court of Appeals allowed Trump to keep the National Guard in Los Angeles at least through Tuesday, when it scheduled a hearing to consider the issue.

Judge Charles B. Breyer, a Clinton appointee, found Trump’s decision to send in the National Guard amid riots in Los Angeles was illegal and blocked him from keeping them in the city. The Trump administration immediately appealed the ruling to the Ninth Circuit.

🚨UPDATE: Appeals court has temporarily PAUSED Judge Breyer’s order. https://t.co/i9ZeY8rEzQ

— Daily Caller (@DailyCaller) June 13, 2025

Democratic California Gov. Gavin Newsom sued the Trump administration on Monday, claiming the Saturday decision to deploy the National Guard was unconstitutional.

“The Appeals Court ruled last night that I can use the National Guard to keep our cities, in this case Los Angeles, safe,” Trump wrote Friday morning on Truth Social. “If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now. We saved L.A. Thank you for the Decision!!!”

White House Deputy Press Secretary Anna Kelly said in a Thursday night statement to the Daily Caller News Foundation that the administration looks forward to “ultimate victory on the issue.”

“The court’s order is unprecedented and puts our brave federal officials in danger,” she said. “The district court has no authority to usurp the President’s authority as Commander in Chief. The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles.”

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