Appeals court pauses ruling that found use of federal troops in LA unlawful
A federal appeals court on Tuesday stayed a court order that had found the Trump administration’s use of federal troops in Los Angeles to conduct law enforcement operations to be unlawful.
A three-judge panel on the U.S. Court of Appeals for the Ninth Circuit issued an administrative appeal of Judge Charles Breyer’s Sept. 2 decision.
The appeals court did not consider the strength of either side’s arguments; instead, the decision effectively stops the clock while the lawsuit makes its way up the courts.
Breyer’s decision – which prohibited troops from engaging in arrests, searches, or security patrols – was set to take effect on Sept. 12. While his order was confined to the Los Angeles deployment, Breyer warned that the practice of federalizing the National Guard in big cities risks creating a “national police force with the president as its chief."
In a separate decision on Tuesday, Breyer stalled a recent request from California Gov. Gavin Newsom to block the federalization of the National Guard in California. He wrote that the “complicated and fragmented procedural posture” of Newsom’s lawsuit made him “skeptical” he could take up the request.
Though neither decision considered President Donald Trump or Newsom’s legal arguments, the dual rulings are a practical win for President Trump, as he seeks to broaden his use of the military to combat crime domestically.
-ABC News' Peter Charalambous






