Appeals court ends Newsom’s gloating, returns control of National Guard to Trump only hours after first ruling

California Gov. Gavin Newsom’s victory did not last long after an appeals court temporarily halted a ruling that had been made in the Democrat’s favor just hours later.

Newsom had filed a lawsuit against the Trump administration for sending the National Guard and a battalion of U.S. Marines into the rioting in Los Angeles, and on Thursday, a judge ruled in his favor. United States District Judge Charles Breyer said that Trump had acted unconstitutionally in the order.

‘Clearly, there’s no invasion, there’s no rebellion. It’s absurd.’

Newsom patted himself on the back and went on the attack rhetorically against President Donald Trump.

“The courts have ruled. The Guard will be back under my command — and Donald Trump will be relieved of his command at noon tomorrow,” wrote the governor.

The governor spoke to reporters outside of the San Francisco federal courthouse, haranguing Trump and accusing Republicans in Congress of abrogating their constitutional duty to check the power of the executive branch.

That was short-lived when the administration appealed to the 9th U.S. Circuit Court of Appeals and got an emergency ruling to return command of the National Guard to the president.

“If it weren’t for me getting the National Guard into Los Angeles, it would be burning to the ground right now!” wrote the president in part after the appeals ruling.

Critics of the president’s order have claimed that the rioting in Los Angeles was not violent enough to meet the standard where the president would be justified in sending troops to quell the uprising.

“Clearly, there’s no invasion, there’s no rebellion. It’s absurd,” said Newsom.

RELATED: Trump obliterates Gavin Newsom’s latest accusation — and produces the receipts

Photo by RINGO CHIU/AFP via Getty Images

Breyer had agreed and ruled that the president had violated the 10th Amendment and improperly assumed the emergency powers.

“The Court must determine whether the president followed the congressionally mandated procedure for his actions. He did not,” Breyer said.

“His actions were illegal — both exceeding the scope of his statutory authority and violating the 10th Amendment to the United States Constitution. He must therefore return control of the California National Guard to the governor of the state of California forthwith.”

California Attorney General Rob Bonta has claimed that the president’s true aim was to use the military to oppose all protests against him.

“The president is looking for any pretense to place military forces on American streets to intimidate and quiet those who disagree with him. It’s not just immoral — it’s illegal and dangerous,” said Bonta. “Local law enforcement, not the military, enforce the law within our borders.”

Breyer was nominated to the court by former President Bill Clinton and is the brother to former Supreme Court Justice Stephen Breyer.

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