A federal judge in San Francisco expressed skepticism about the Department of Justice's argument during a hearing on Friday. The DOJ argued that Donald Trump should be allowed to place California National Guard members under federal control, and continue doing so as long as he wishes.
Trump initially federalized more than 4,000 California National Guard members in June to deal with protests in Los Angeles following a federal immigration raid. By late October, the number had dropped to hundreds, and currently, only about 100 National Guard members remain in the Los Angeles area.
During the hearing, U.S. District Court Judge Charles Breyer said, according to legal reporter Chris Geidner, who attended the proceedings, that the federal government's position was "as unchanging as a diamond."
Breyer added, "Nothing is a crisis that lasts forever. Experience tells us that crises come and go. That's how things work."
He asked Justice Department lawyer Eric Hamilton to provide evidence that the state government either could not or would not assist in protecting federal personnel and property in the region.
"Is every violent protest an insurrection?" Breyer asked.
The government lawyers suggested that two inactive gasoline bombs were thrown at a federal building housing an immigration office this week, indicating that there is still "at least a risk of insurrection."
California officials have asked Breyer to issue a preliminary injunction returning control of the remaining National Guard members in Los Angeles to the state. Breyer has not yet made a decision immediately. He previously ruled that the government's deployment of the California National Guard was illegal, but this temporary restraining order was later lifted by a federal appeals court.
"The National Guard is not the president's private touring army, which he can deploy wherever, whenever, for as long as he wants, with or without justification," said California Attorney General Rob Bonta after the hearing.
Original: toutiao.com/article/1850775451491392/
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