A federal judge warned at a Thursday hearing that accepting the Trump administration’s assertion he has no authority to review the president’s National Guard deployment in Los Angeles is a slippery slope.
U.S. District Judge Charles Breyer said he hoped to rule later in the day on California Gov. Gavin Newsom’s (D) request to immediately restrict the troops’ power on the ground, suggesting federal law at minimum required President Trump to alert the governor.
The judge repeatedly emphasized that Trump is exercising presidential authority — not a king’s — and the role comes with limitations.
“That’s the difference between a constitutional government and King George,” Breyer said.
“It’s not that a leader can simply say something and then it becomes it. It’s a question of is a leader, a president or the governor, following the law as set forth in both the Constitution and statutes,” he continued. “That’s what a president, a governor or any leader must act under. Otherwise, they become something other than a constitutional officer.”
Breyer seemed willing to agree with Newsom that Trump’s deployment was legally defective, but it’s still a question as to whether the judge will enjoin the president’s directive or give the administration a chance to institute it the proper way.
At the same time, Breyer appeared skeptical of blocking at this stage the 700 Marines sent to assist the several thousand guard members deployed.
The Trump administration argues Breyer has no authority to review Trump’s deployment of the National Guard because it is in the president’s sole discretion.
Justice Department attorney Brett Shumate argued that Trump was not required to seek approval from Newsom in mobilizing the guard, calling the governor “merely a conduit.” The president does not have to call up a governor and “invite them to Camp David” for a negotiation summit to call up the National Guard in their state, he said.
“There is one commander in chief of the armed forces, and when the president makes a decision, the states are subservient to the president’s decision,” Shumate said.
Newsom and California Attorney General Rob Bonta (D) contend that Trump was required to receive Newsom’s consent before deploying the National Guard.
“They suggest, your honor, that there are no guardrails,” Nicholas Green, a lawyer for the state, said.
Amid the legal battle, Trump said Thursday that he “doesn’t feel like a king.” He was responding to questions about “No Kings” demonstrations expected around the country this weekend, which are set to coincide with a military parade marking the U.S. Army’s 250th birthday.
“I have to go through hell to get stuff approved,” Trump said.
Breyer during the hearing kept returning to monarchy talk, trying to determine how he could side with Trump without giving him unchecked power.
“What makes America great, different, is our Constitution and our robust discussion of views of the citizens,” the judge said.
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