Post AvJDCJRolOXD50btXk by Nonilex@masto.ai
(DIR) More posts by Nonilex@masto.ai
(DIR) Post #AvJAXS2vgoUFxzMCDg by Nonilex@masto.ai
2025-06-20T02:50:04Z
0 likes, 1 repeats
🤬🤬🤬US court lets #Trump retain control of #California #NationalGuard for nowA US appeals court let Trump late Thurs retain control over CA's National Guard while the state's #Democratic #governor proceeds with a lawsuit challenging the legality of the #Republican president's use of the #troops to *quell* #protests & unrest in #LosAngeles.#law #Title10 #PosseComitatusAct #ExecutiveOverreach #AbuseOfPower https://www.reuters.com/world/us/us-court-lets-trump-retain-control-california-national-guard-now-2025-06-20/
(DIR) Post #AvJAziiJJWazlgByxU by Nonilex@masto.ai
2025-06-20T02:55:13Z
0 likes, 1 repeats
A 3-judge panel of the San Francisco-based #9thCircuit Court of Appeals extended a pause it placed on US District Judge Charles Breyer's June 12 ruling that #Trump had called the #NationalGuard into #federal service unlawfully.https://storage.courtlistener.com/recap/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf.32.0.pdf#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #FreedomOfAssembly #LosAngeles #California #protests #military #ExecutiveOverreach #AbuseOfPower
(DIR) Post #AvJBZ0N1etdofH3sYK by Nonilex@masto.ai
2025-06-20T03:01:34Z
0 likes, 1 repeats
The court used 14 of its 38 page ruling rejecting the #DOJ's argument that #Trump's decision to federalize the #California #NationalGuard can't be reviewed by the courts.But, the court concluded that the requirement in #Title10 §12406 that "orders ... shall be issued through the governors of the States" does not mean that a governor must consent or even be consulted before their #state's National Guard is federalized.#law #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #military
(DIR) Post #AvJBk1YfaBmXXAlK1g by noondlyt@hellions.cloud
2025-06-20T03:03:34Z
0 likes, 0 repeats
@Nonilex soooooo...what does this mean???
(DIR) Post #AvJBxN0FAAE9oB1WK0 by cturnbow@mastodon.world
2025-06-20T03:05:58Z
0 likes, 0 repeats
@Nonilex "orders ... shall be issued through the governors of the States" sure as hell sounds like the governor gets some kind of say to me
(DIR) Post #AvJCCJiZetttxoszyq by autolycos@med-mastodon.com
2025-06-20T03:08:38Z
0 likes, 0 repeats
@Nonilex that's the kind of double speak I use when I'm covering my ass from peer review. It is bullshit
(DIR) Post #AvJCJAw4i2EAklTHWq by Nonilex@masto.ai
2025-06-20T03:09:57Z
0 likes, 0 repeats
The decision halts a ruling from Judge Breyer, who found #Trump acted illegally when he activated the #NationalGuard over opposition from #California Gov #GavinNewsom.The #9thCircuit court of appeals concluded that “it is likely that the President lawfully exercised his statutory authority”.It also found that even if the #federal govt failed to notify the Newsom before federalizing the National Guard as required by #law, Newsom had no power to veto the president’s order.#RightToProtest
(DIR) Post #AvJCSAHcVLQBKspqwS by timo21@mastodon.sdf.org
2025-06-20T03:11:28Z
0 likes, 0 repeats
@Nonilex Some states may want to make their own militia's now. Like in the second amendment.
(DIR) Post #AvJCWAFOa100NnhZuC by Nonilex@masto.ai
2025-06-20T03:12:17Z
0 likes, 0 repeats
The court case could have wider implications on the president’s #power to deploy #soldiers within the #US after #Trump directed #immigration officials to prioritize #deportations from other #Democratic-run #cities.Trump, a Republican, argued that the #troops were necessary to restore order. Newsom, a #Democrat, said the move inflamed tensions, usurped local authority & wasted resources.#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #NationalGuard
(DIR) Post #AvJCrkJDhN4gJ7mWcy by Nonilex@masto.ai
2025-06-20T03:16:10Z
0 likes, 0 repeats
The ruling means control of the #California #NationalGuard will stay in #federal hands as the lawsuit continues to unfold.The #state could choose to ask the full appeals court to rehear the matter, or it could directly ask #SCOTUS to intervene. But the state might also just move on from the current part of the dispute, since the ruling on Thurs pertains to a short-lived temporary restraining order that will soon be obsolete anyway.#law #Title10 #PosseComitatusAct #LosAngeles #protests #Trump
(DIR) Post #AvJCrnK2UmVpeXBioy by darthsandwich@mastodon.social
2025-06-20T03:16:09Z
0 likes, 0 repeats
@NonilexIf it wasn't meant to, uh, go through the governors, then why does it say "through the governors?" Why does it even mention the governors?
(DIR) Post #AvJD0HToForrV9nx4q by Nonilex@masto.ai
2025-06-20T03:17:44Z
0 likes, 0 repeats
Either way, litigation in the case is set to return on Friday to the San Francisco courtroom of the Federal District Court judge, Charles Breyer, for a hearing. He is weighing whether to issue a more durable preliminary injunction restricting what #Trump can do with some 4,000 #NationalGuard #troops or 700 active-duty #Marines his admin has also deployed into the #city.#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #protests #AbuseOfPower
(DIR) Post #AvJDCJRolOXD50btXk by Nonilex@masto.ai
2025-06-20T03:19:54Z
0 likes, 0 repeats
Judge Breyer’s temporary restraining order [#TRO] concerned only the #NationalGuard & whether it was lawful for #Trump to mobilize them under #federal control. At the hearing on Friday, he is also set to address a #state request to limit #troops under federal control to guarding federal buildings, & to bar them from accompanying #ICE agents on the #workplace #raids that sparked the #protests.#law #Title10 #PosseComitatusAct #Constitution #RightToProtest #LosAngeles #California #military
(DIR) Post #AvJDOfLx94zGUdl1kW by Nonilex@masto.ai
2025-06-20T03:22:08Z
0 likes, 0 repeats
That request centers on a 19th-century #law, the #PosseComitatusAct, that generally makes it illegal to use the #military for #domestic law enforcement. The #Trump admin has argued that the #troops are not themselves performing law enforcement tasks, but rather are protecting civilian agents who are trying to arrest undocumented #immigrants.[but we know better]#Title10 #Constitution #RightToProtest #FreedomOfAssembly #LosAngeles #California #protests #NationalGuard #Marines #AbuseOfPower
(DIR) Post #AvJDZRCU6aKLmiStjU by Nonilex@masto.ai
2025-06-20T03:24:04Z
0 likes, 0 repeats
@timo21 Problem is, when the National Guard was created its purpose was to be each state’s militia.
(DIR) Post #AvJDjjyPA9kOu5nB0C by timo21@mastodon.sdf.org
2025-06-20T03:25:48Z
0 likes, 0 repeats
@Nonilex True. but the feds have usurped the Guard. So the states will need a replacement.
(DIR) Post #AvJDnCoaO2dtDtqs2y by DoNotPunchDown@mastodon.social
2025-06-20T03:26:32Z
0 likes, 0 repeats
@Nonilex @timo21 I hate this country
(DIR) Post #AvJDnWYJ0HVGRCO9Ro by Nonilex@masto.ai
2025-06-20T03:26:38Z
0 likes, 1 repeats
@noondlyt Litigation proceeds, but Trump retains control of National Guard while it does. Breyer’s order to return control to the state was temporary anyway, but he could have extended it were it not for this ruling.
(DIR) Post #AvJEjxl00zNdbjBwjQ by paco@infosec.exchange
2025-06-20T03:36:51Z
0 likes, 0 repeats
@Nonilex This stuff baffles me. It makes a whole phrase in the law a nullity. “Issued through the governor of the state” can, for all practical purposes, skip the governor entirely. What does that phrase mean if the governor doesn’t need to be involved at all? Why is that phrase in the law?I hate this shit. #uspol
(DIR) Post #AvJEz2hntnNvIZt63s by WheresMyWater@mastodon.world
2025-06-20T03:39:45Z
0 likes, 0 repeats
@Nonilex the fascists know they will never be held accountable for their behavior and actions. They will always justify and rarely or never have evidence.
(DIR) Post #AvJGMd15A5XQWtiPlg by crazyeddie@mastodon.social
2025-06-20T03:55:21Z
0 likes, 0 repeats
@Nonilex Just let Roberts rubber stamp it and get it over with.
(DIR) Post #AvJRuEoOl856nn0lou by karlauerbach@sfba.social
2025-06-20T06:04:32Z
0 likes, 0 repeats
@Nonilex Could Newsom have simply dismissed all members of the California National Guard from further service (had he known what the Feds were going to do)? Or simply dissolved the Calif Nat'l Guard entirely?