CNN legal analyst Elie Honig said Friday that a new appeals court ruling makes clear that judges cannot “simply second-guess” President Donald Trump’s decisions based solely on disagreement.
The federal appeals court unanimously upheld Trump’s deployment of the National Guard in Los Angeles, ruling Thursday that he had “lawfully exercised his statutory authority.” Speaking on The Situation Room, Honig described the decision as a “big win” for Trump and a reaffirmation of executive branch powers.
“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 told host Pamela Brown.
“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,” he added. Honig said the district court will hold a hearing to discuss the role of the National Guard since, as part of the U.S. military, they cannot enforce civil laws.
On June 8, Trump deployed the National Guard along with approximately 700 U.S. Marines to respond to violent riots sparked by Immigration and Customs Enforcement (ICE) raids targeting criminal illegal immigrants in the area. National Guard troops and Marines were positioned throughout the streets to disperse crowds, as rioters set vehicles on fire, hurled Molotov cocktails, and attacked law enforcement officers.
The Department of Homeland Security has 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.
According to Fox News’ Bill Melugin, rioters also pelted Customs and Border Protection (CBP) agents with rocks as they tried to exit Paramount, California. One agent sustained a minor hand injury when a rock shattered the windshield of their vehicle.
That suspect has been identified but remains at large. DHS has offered a $50,000 reward for any information that leads to his arrest.
