CNN's Elie Honig analyzed a federal judge's ruling that questioned the legality of president Donald Trump's deployment of the National Guard in California without Gov. Gavin Newsom's approval.
U.S. District judge Charles Breyer questioned the administration's claims that Trump's decision could not be second-guessed, even in court, and found that Trump was acting like a "monarch" by unilaterally activating the state's troops, but paused his order from taking effect to allow for an appeal.
"Yes, brother to [former U.S. Supreme Court justice] Stephen Breyer," said "CNN News Central" host John Berman. "He wrote a pretty scathing ruling against the Trump administration. What were the highlights to you?"
"He did, John," agreed Honig. "No words were minced in this opinion. So the most important decision that judge Breyer made here is that he, as a federal judge, does have the power to review the president's federalization of the National Guard. The administration had argued this is a decision solely for the president, you, the courts have no role in this. Judge Breyer forcefully disagreed, and then he proceeded to reject essentially every argument the administration has made. He said, 'This is not a rebellion,' he said, 'it's not even close.'"
"He said the argument that this is necessary to enforce federal laws, also not even close," Honig added. "He actually, the judge made a point of saying he made a finding that the presence of the National Guard is actually making the situation on the ground worse and inflaming things. You mentioned the 10th Amendment, John. Under that, the judge found that this is a state's power, not a federal power, and so this is a forceful rebuke by the judge of the president's actions."
"An expansive rebuke," Berman agreed. "But then almost immediately paused until at least Tuesday. What does that mean?"
"The tables turned very quickly," Honig said. "About an hour later last night, right before midnight. So the Court of Appeals, this is the mid-level between the District Court and the Supreme Court, they're next up. They immediately put a pause on the judge's ruling, meaning the National Guard can remain deployed at least until Tuesday. On Tuesday, the Court of Appeals will hear an argument. I do have to make a slight comment to Donald Trump's comment. The Court of Appeals did not rule that Donald Trump wins. What they did was they paused a very bad ruling for him, so it was good news for Donald Trump that the Court of Appeals made that ruling, but the Court of Appeals has not yet signed off either way on this issue. They've just put it on pause."
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