Constitutional scholar Alan Dershowitz said on Monday that Democratic Gov. Gavin Newsom of California’s lawsuit seeking to halt President Donald Trump’s deployment of the National Guard to Los Angeles would eventually fail.
Newsom and Democratic Attorney General Rob Bonta of California announced the lawsuit Monday, claiming Trump’s Saturday order to deploy the National Guard to respond to the riots in Los Angeles following a raid by United States Immigration and Customs Enforcement (ICE) at a Home Depot was illegal. Dershowitz, on “The Dershow,” expressed doubt that the Supreme Court would “second-guess” Trump’s decision to call out the National Guard.
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“The Supreme Court will not second-guess the President of the United States on this issue,” Dershowitz said. “They will say, whether right or wrong, the president had the authority to make this decision and he had the authority to make it over the lack of consent of the governor,” Dershowitz continued. “Let’s be clear, there was violence. You can see it on television, there were bombings, fire bombings and burnings of Teslas and other self-driving cars. There were rocks being thrown at ICE officers. There were threats against ICE officers, threats against their families. Was it a full-blown insurrection? No.”
Trump ordered 700 Marines to back up the National Guard deployment Monday as the riots continued. Video posted to social media Saturday showed an individual wearing a motorcycle helmet throwing rocks at the windshields of vehicles containing ICE agents with the FBI offering a $50,000 reward for information leading to that person’s arrest.
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Fox News reporter Bill Melugin posted video showing the perspective from inside one of the vehicles driven by the federal agents being hit with rocks Saturday. Melugin also posted additional video and photos of the aftermath of the incident, including a photo of an injury suffered by one federal law enforcement officer while the video showed a windshield with significant damage after a rioter threw a rock at it.
Dershowitz said the Supreme Court would not have much choice but to rule against Newsom, pointing to cases where the National Guard was federalized to protect civil rights.
“My prediction is: the lawsuits will fail. They’ll work in the federal district court,” Dershowitz said. “You’ll get, you know, the governor of California will find a federal district judge probably one he was involved in appointing and you’ll get some district court judge saying, maybe even issuing an injunction saying, the president of the United States can’t do this.”
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“It’ll be appealed immediately, but when the case gets to the Supreme Court in the United States, they would have no choice or little choice, but to hold that the judiciary cannot interfere with the discretionary judgment of the executive head of the executive branch. the president, about the necessity for sending in troops,” Dershowitz added.
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