Appeals court pauses order to transfer control of California National Guard amid protests

(CNN)- An appeals court has temporarily allowed President Donald Trump to retain control of California National Guard troops, delaying an earlier ruling that would have handed authority back to the state. The decision, issued late last night, halts a directive from Senior U.S. District Judge Charles Breyer, who had ordered the federal government to begin transferring command to California Governor Gavin Newsom by noon today. The legal fight comes as anti-ICE protests continue in Los Angeles, prompting heightened tensions between state and federal leaders.

“Today was really about a test of democracy,” Governor Newsom said after the initial ruling in his favor.

President Trump is standing firm, insisting that his use of National Guard forces is justified under a federal provision allowing troop deployment to quell what he calls a “rebellion.” He argues that Newsom should be thanking him for protecting public safety, not taking legal action. Homeland Security Secretary Kristi Noem echoed that sentiment, saying, “We are staying here to liberate the city from the socialist and burdensome leadership that this governor and that this mayor have placed on this country.”

Judge Breyer, however, countered in his ruling that the demonstrators are not engaging in rebellion but rather exercising their constitutional rights. “There’s no invasion. There’s no rebellion. It’s absurd,” Newsom said.

The controversy also includes roughly 700 Marines who the Pentagon says are ready to defend federal property in Los Angeles if needed.

Former U.S. Attorney Harry Litman warned of the broader implications of the case, saying, “If the U.S. Supreme Court says we don’t get into this, then Trump is going to win and have a real path to unreviewable power.”

A hearing in the appeals court is scheduled for Tuesday.