Appeals court hears arguments on National Guard deployment in LA

FRESNO, Calif. (KFSN) -- The power of the president questioned in court on Tuesday over deploying the National Guard in Los Angeles.

A panel of three judges in the 9th Circuit Court of Appeals heard arguments from the Department of Justice and the state of California.

The DOJ claiming the president has "unreviewable" powers to deploy troops as he sees fit.

"Local authorities were either unable or unwilling to protect federal personnel and property from the mob violence ongoing in Los Angeles today. Under these conditions, the president acted well within his discretion by calling up the Guard," DOJ Assistant Attorney General, Brett Shumate stated.

California officials pushed back, noting that the streets of Los Angeles have remained calm since Saturday, and that local agencies had the situation under control.

"The president has not even attempted, the defendants have made no attempt whatsoever, to provide argument or evidence that they even contemplated more modest measures to the extreme response of calling in the National Guard," CA DOJ Supervising Deputy Solicitor General, Samuel Harbourt said.

Tuesday's hearing comes after the state secured a temporary restraining order to block the federalization of the Guard.

But that was quickly appealed, with the DOJ warning that such limits on presidential power could have dangerous consequences.

"If this order goes into effect, it would be putting lives at risk and federal property at risk as well," Shumate explained.

The lower court's ruling was paused while this case is considered by this three-judge panel -- two of which were nominated by Trump and one by former President Biden.

The state claiming that siding with Trump could take resources away from where they are needed.

"It would allow defendants to continue diverting thousands of Guardsmen away from critical work at the state level, including wildfire prevention and drug interdiction," Harbourt stated.

Both sides using previous court rulings to make their case, but the court did not make a decision Tuesday.

It is unclear when a decision could be made.

The ruling would not affect the use of Marines in the state.

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