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DOJ Drops Bid to Keep Control of California Guard as Trump Pulls Troops From Major Cities

A Supreme Court ruling rejecting the president’s deployment theory prompted the retreat, clearing the way for Gov. Gavin Newsom to regain command.

Overview

  • Justice Department lawyers told the Ninth Circuit they are withdrawing their request for a stay and do not oppose lifting an administrative hold, allowing a lower-court order to restore California National Guard command to the governor once the court acts.
  • U.S. District Judge Charles R. Breyer previously ruled the administration had illegally seized control of California’s Guard, rejecting claims that federalization could continue indefinitely beyond judicial review.
  • The Supreme Court on Dec. 23 blocked the plan to send Guard troops from other states to Chicago in Trump v. Illinois, with only Justices Alito, Thomas and Gorsuch dissenting.
  • President Trump announced the National Guard is leaving Chicago, Los Angeles and Portland, while cautioning that deployments could resume if crime rises.
  • National Guard forces are proceeding to New Orleans for New Year’s and Carnival with about 350 troops focused on visibility and safety, as separate legal fights continue in other jurisdictions.