CNN legal analyst Elie Honig said on Friday that an appeals court’s new ruling means that judges cannot “just second-guess” President Donald Trump’s decisions simply because they disagree with them.
A federal appeals court unanimously allowed Trump to continue his deployment of the National Guard in Los Angeles, California, stating in a Thursday ruling that he “lawfully exercised his statutory authority.” Honig said on “The Situation Room” that the appeals court handed down a “big win” for Trump and the powers of the executive branch.
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“It’s huge, Pam, because it goes to presidential powers and the extent of them. So the core ruling here from the Ninth Circuit Court of Appeals is yes, the federal courts have some role in reviewing the president’s decision to deploy the National Guard, however, the courts cannot just second guess the president and overturn him if they disagree,” Honig said. “The court of appeals says ‘we, all of us, in the federal judiciary, we have to give very broad deference to the president, so unless his decision is patently absurd or based on bad faith, then we have to step back and let the president exercise this power. So it’s a big win for President Trump.”
Trump deployed the National Guard on June 8, along with around 700 U.S. Marines, to quell the violent riots that broke out in response to Immigration and Customs Enforcement’s (ICE) raids on illegal immigrant criminals in the area. National Guardsmen and Marines lined the streets to break up crowds as they set automobiles ablaze, threw Molotov cocktails and assaulted law enforcement officers.
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DHS confirmed that Emiliano Garduno-Galvez, a previously deported Mexican national, is facing attempted murder charges for allegedly throwing a Molotov cocktail at ICE agents on June 7. Rioters threw rocks at Customs and Border Protection (CBP) agents as they attempted to leave Paramount, California, causing one agent to suffer from a minor incarceration to his hand after a rock broke through the windshield, Fox News’ Bill Melugin reported on Saturday.
Following the appeals court’s ruling, Democrat California Gov. Gavin Newsom tried to spin the major win for Trump by stating that the president “is not a king and is not above the law.” “We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens,” the governor said.
Honig said the district court will hold a hearing to discuss the role of the National Guard since they cannot enforce police duties.
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