Appeals court temporarily blocks judge's ruling to return control of National Guard to California

SAN FRANCISCO (AP) — The 9th U.S. Circuit Court of Appeals on Thursday temporarily blocked a federal judge’s order that directed President Donald Trump to return control of National Guard troops to California after he deployed them there following protests in Los Angeles over immigration raids.

The court said it would hold a hearing on the matter on Tuesday. The ruling came only hours after a federal judge’s order was to take effect at noon Friday.

Earlier Thursday, U.S. District Judge Charles Breyer ruled the Guard deployment was illegal and both violated the Tenth Amendment, which defines power between federal and state governments, and exceeded Trump’s statutory authority. The order applied only to the National Guard troops and not Marines who were also deployed to the LA protests. The judge said he would not rule on the Marines because they were not out on the streets yet.

A group of 200 Marines will begin protecting federal property and personnel in downtown Los Angeles at noon Friday, said Maj. Gen. Scott Sherman, commander of Task Force 51 who is overseeing the 4,700 troops deployed in Los Angeles.

The Marines will join some 2,000 National Guard troops that have been on the streets of the city since last week when immigration raids set off protests.

California Gov. Gavin Newsom, who had asked the judge for an emergency stop to troops helping carry out immigration raids, had praised the earlier ruling.

“Today was really about a test of democracy, and today we passed the test,” Newsom said in a news conference before the appeals court decision.

In a post on his Truth Social platform, Trump thanked the appeals court Friday morning.

“If I didn’t send the Military into Los Angeles, that city would be burning to the ground right now,” he said.

The White House had called Breyer's order “unprecedented” and said it “puts our brave federal officials in danger.”

“The district court has no authority to usurp the President’s authority as Commander in Chief,” White House spokesperson Anna Kelly said in a statement. “The President exercised his lawful authority to mobilize the National Guard to protect federal buildings and personnel in Gavin Newsom’s lawless Los Angeles. The Trump Administration will immediately appeal this abuse of power and looks forward to ultimate victory on the issue.”

About 700 Marines have been undergoing civil disturbance training at Naval Weapons Station Seal Beach in Orange County, California.

Typically the authority to call up the National Guard lies with governors, but there are limited circumstances under which the president can deploy those troops. Trump federalized members of the California National Guard under an authority known as Title 10.

Title 10 allows the president to call the National Guard into federal service when the country “is invaded,” when “there is a rebellion or danger of a rebellion against the authority of the Government,” or when the president is unable “to execute the laws of the United States.”

Breyer, who was appointed by former President Bill Clinton, said in his ruling that what is happening in Los Angeles does not meet the definition of a rebellion.

“The protests in Los Angeles fall far short of ‘rebellion,’” he wrote. “Individuals’ right to protest the government is one of the fundamental rights protected by the First Amendment, and just because some stray bad actors go too far does not wipe out that right for everyone.”

Newsom sued to block the Guard’s deployment against his wishes. California later filed an emergency motion asking the judge to block the Guard from assisting with immigration raids.

The governor argued that the troops were originally deployed to protect federal buildings and wanted the court to block the troops from helping protect immigration agents during the raids, saying that involving the Guard would escalate tensions and promote civil unrest.

Sherman said that as of Wednesday about 500 of the Guard troops had been trained to accompany agents on immigration operations. Photos of Guard soldiers providing security for the agents have already been circulated by immigration officials.

None of the Marines have been trained to go on immigration raids, and it is not yet clear if they eventually will, Sherman said.

In his broad ruling, the judge determined Trump had not properly called the Guard up in the first place.

The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard, which the Trump administration didn't do.

Brett Shumate, an attorney for the federal government, said Trump complied with the statute by informing the general in charge of the troops of his decision and has the authority to call in the Guard even if he had not. Furthermore, the president's decisions are not subject to judicial review, Shumate argued.

“Our position is this is not subject to judicial review,” Shumate told the judge.

Breyer, who at one point waved a copy of the Constitution, said he disagreed.

“We’re talking about the president exercising his authority, and the president is, of course, limited in that authority. That’s the difference between a constitutional government and King George,” he said.

The protests over immigration raids in Los Angeles intensified after Trump called up the Guard and have since spread to other cities, including Boston, Chicago and Seattle.

Trump has described Los Angeles in dire terms that Mayor Karen Bass and Newsom say are nowhere close to the truth.

Most of the sprawling city has been spared as protests continue downtown, near City Hall and a federal detention center where some immigrants are being held.

Protesters against federal immigration raids gather outside the Metropolitan Detention Center, Wednesday, June 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

National Guard and DHS police stand guard outside the Metropolitan Detention Center, Wednesday, June 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

DHS police and National Guard protect the outside the Metropolitan Detention Center, Wednesday, June 11, 2025, in Los Angeles. (AP Photo/Damian Dovarganes)

BRIDGEWATER, NJ (AP) — NATO Secretary General Mark Rutte is set to meet President Donald Trump this week on the heels of the U.S. leader announcing plans to sell NATO allies weaponry that it can then pass on to Ukraine.

NATO announced on Sunday that Rutte will be in Washington on Monday and Tuesday and would hold talks with Trump, Secretary of State Marco Rubio, and Defense Secretary Pete Hegseth as well as members of Congress. The White House did not immediately respond to a request for comment about the visit.

A top ally of Trump, Republican Sen. Lindsey Graham of South Carolina, said Sunday that the conflict is nearing an inflection point as Trump shows growing interest in helping Ukraine fight back Russia. It's a cause that Trump, who during his campaign made quickly ending the war a top priority, had previously dismissed as being a waste of U.S. taxpayer money.

“In the coming days, you’ll see weapons flowing at a record level to help Ukraine defend themselves,” Graham said on CBS' “Face the Nation. He added, ”One of the biggest miscalculations Putin has made is to play Trump. And you just watch, in the coming days and weeks, there’s going to be a massive effort to get Putin to the table."

The Rutte visit comes as Trump last week teased that he would make a “major statement” on Russia on Monday and as Ukraine struggles to repel massive and complex air assaults launched by Russian forces.

Graham and Democrat Richard Blumenthal of Connecticut, who appeared with South Carolina lawmaker on CBS, said there is also growing consensus on Capitol Hill and among European officials about tapping some of the $300 billion in Russian assets frozen by Group of Seven countries early in the war to help Ukraine.

“It's time to do it,” Blumenthal said.

Rubio said Friday that some of the U.S.-made weapons that Ukraine is seeking are deployed with NATO allies in Europe. Those weapons could be transferred to Ukraine, with European countries buying replacements from the U.S., he said.

“It’s a lot faster to move something, for example, from Germany to Ukraine than it is to order it from a (U.S.) factory and get it there,” Rubio told reporters last week during visit to Kuala Lumpur, Malaysia.

French Defense Minister Sebastien Lecornu in an interview published Sunday in La Tribune Dimanche said that European officials have been making the case to the Trump administration to bolster air defense capabilities with any coming packages.

He added that France is in a “capacity hole” and will have to wait until next year before being able to provide Ukraine new ground-air missiles.

Trump is also facing calls from Republicans and Democrats as well as European allies to support legislation in the Senate that aims to cripple Russia’s oil industry and hit Moscow with U.S. sanctions for its ongoing invasion of Ukraine.

The legislation, in part, calls for a 500% tariff on goods imported from countries that continue to buy Russian oil, gas, uranium and other exports. It would have an enormous impact on the economies of Brazil, China and India, which account for the vast majority of Russia’s energy trade.

“The big offender here is China, India and Brazil,” Graham said. “My goal is to end this war. And the only way you are going to end this war is to get people who prop up Putin— make them choose between the American economy and helping Putin.”

That revenue is critical in helping keep the Russian war machine humming as the U.S. and Europe have imposed significant import and export bans on a wide range of goods to and from Russia, affecting sectors like finance, energy, transport, technology, and defense.

Trump for months had threatened, but held off on, imposing new sanctions against Russia’s oil industry.

But the Republican leader has become increasingly exasperated with Putin in recent days and has laid into the Russian leader for prolonging the war.

“We get a lot of bull---- thrown at us by Putin, if you want to know the truth,” Trump said last week in an exchange with reporters. “He’s very nice all the time, but it turns out to be meaningless.”

Congress has been prepared to act on the legislation, sponsored by Graham and Blumenthal, for some time.

The bill has overwhelming support in the Senate, but Republican leadership has been waiting for Trump to give the green light before moving ahead with it.

The White House had expressed some reservations about the legislation. Trump made clear he wants full authority over the waiver process to lift the sanctions, tariffs or other penalties, without having to cede control to Congress.

Under the initial bill, the president “may terminate” the penalties under certain circumstances, but immediately reimpose them if the violations resume. Graham has said the president would be allowed to waive the sanctions, for 180 days, and could also renew a waiver.

Some Democratic lawmakers have expressed concerns about the waivers. But Blumenthal downplayed the differences and said the legislation would give Trump a “sledgehammer” to utilize on Putin.

“The waiver language we will have in this bill is very much like the provisions have existed in past similar measures,” Blumenthal said. He added: “What I think is most important right now is our unity."

Associated Press writer Angela Charlton in Paris contributed reporting.

NATO Secretary General Mark Rutte attends a news conference with German Chancellor Friedrich Merz during a meeting at the chancellery in Berlin, Germany, Wednesday, July 9, 2025. (AP Photo/Markus Schreiber)