Politics

Trump can command National Guard as California’s legal challenge moves forward, appeals court says

Published

9 months ago

June 20, 2025

Trump can command National Guard as California’s legal challenge moves forward, appeals court says

The 9th U.S. Circuit Court of Appeals decided Thursday to leave troops in Los Angeles in the hands of the Trump administration while California’s objections are litigated in federal court, finding the president had broad — though not “unreviewable” — authority to deploy the military in American cities.

“We disagree with Defendants’ primary argument that the President’s decision to federalize members of the California National Guard … is completely insulated from judicial review,” Judge Mark J. Bennett of Honolulu, a Trump appointee, wrote for the appellate panel. “Nonetheless, we are persuaded that, under long-standing precedent interpreting the statutory predecessor … our review of that decision must be highly deferential.”

California leaders vowed to fight back in federal court.

“This case is far from over,” Atty. Gen. Rob Bonta said in response to the ruling. “While the court did not provide immediate relief for Angelenos today, we remain confident in our arguments and will continue the fight.”

“We will press forward with our challenge to President Trump’s authoritarian use of U.S. military soldiers against citizens,” Gov. Gavin Newsom said.

Legal scholars said the decision was expected — particularly as the 9th Circuit has moved from the country’s most liberal to one of its most “balanced” since the start of Trump’s first term.

“It’s critically important for the people to understand just how much power Congress has given the president through these statutes,” said Eric Merriam, a professor of legal studies at Central Florida University and an appellate military judge.

“Judges for hundreds of years now have given extreme deference to the president in national security decisions, [including] use of the military,” Merriam added. “There is no other area of law where the president or executive gets that level of deference.”

The appellate panel sharply questioned both sides during Tuesday’s hearing, appearing to reject the federal government’s assertion that courts had no right to review the president’s actions, while also undercutting California’s claim that Trump had overstepped his authority in sending troops to L.A. to quell a “rebellion against the authority of the United States.”

“All three judges seemed skeptical of the arguments that each party was making in its most extreme form,” said Elizabeth Goitein, senior director of the Liberty and National Security Program at New York University’s Brennan Center for Justice.

“I was impressed with the questions,” she went on. “I think they were fair questions, I think they were hard questions. I think the judges were wrestling with the right issues.”

The ruling Thursday largely returns the issue to U.S. District Judge Charles R. Breyer.

Unlike Breyer, whose temporary restraining order on June 12 would have returned control of the National Guard to California, the appellate court largely avoided the question of whether the facts on the ground in Los Angeles amounted to a “rebellion.”

Instead, the ruling focused on the limits of presidential power.

Bennett’s opinion directly refuted the argument — made by Assistant Atty. Gen. Brett Shumate in Tuesday’s hearing — that the decision to federalize National Guard troops was “unreviewable.”

“Defendants argue that this language precludes review,” the judge wrote. “[But Supreme Court precedent] does not compel us to accept the federal government’s position that the President could federalize the National Guard based on no evidence whatsoever, and that courts would be unable to review a decision that was obviously absurd or made in bad faith.”

He also quoted at length from the 1932 Supreme Court decision in Sterling vs. Constantin, writing “[t]he nature of the [president’s] power also necessarily implies that there is a permitted range of honest judgment as to the measures to be taken in meeting force with force, in suppressing violence and restoring order.”

Shumate told the judge he didn’t know the case when Bennett asked him about it early in Tuesday’s hearing.

“That is a key case in that line of cases, and the fact he was not aware of it is extraordinary,” Goitein said.

Merriam agreed — to a point.

“That’s a nightmare we have in law school — it’s a nightmare I’ve had as an appellate judge,” the scholar said.

However, “it’s actually a good thing that the attorney representing the U.S. was not planning to talk about martial law in front of the 9th Circuit,” Merriam said.

One thing Thursday’s ruling did not touch is whether the administration violated the Posse Comitatus Act by deputizing the military to act as civilian law enforcement — an allegation California leveled in its original complaint but which Breyer effectively tabled last week.

“The Posse Comitatus Act claim has not been resolved because it was essentially not ripe last Thursday,” when troops had just arrived, Goitein said. “It is ripe now.

“Even if the 9th Circuit agrees with the federal government on everything, we could see a ruling from the district court next week that could limit what troops can do on the ground,” she said.

In the meantime, residents of an increasingly quiet Los Angeles will have to live with the growing number of federal troops.

“[Congress] didn’t limit rebellion to specific types of facts,” Merriam said. “As much as [Angelenos] might say, ‘This is crazy! There’s not a rebellion going on in L.A. right now,’ this is where we are with the law.”

Politics

China-linked birth tourism under scrutiny as GOP lawmakers press Trump admin for answers

Published

9 hours ago

March 9, 2026

Press Room

China-linked birth tourism under scrutiny as GOP lawmakers press Trump admin for answers

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FIRST ON FOX: House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States.

In a letter sent Monday to outgoing Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands could be leveraged by Chinese nationals in ways that present national security risks.

Noem will leave her position at the Department of Homeland Security at the end of the month.

“American citizenship is a sacred trust—not a loophole to be exploited. When foreign adversaries like the Chinese Communist Party can leverage birth tourism and visa-less programs to gain influence within our borders, we must restore integrity to our immigration system and defend the sovereignty of our Republic,” Roy said.

Tiffany argued that “Communist China has exploited ‘birth tourism’ by sending women to the Northern Mariana Islands solely to give birth and secure U.S. citizenship for their children,” adding that “It is time to close this loophole, end the abuse, and protect our national security.”

TRUMP SAYS SUPREME COURT RULING AGAINST BIRTHRIGHT CITIZENSHIP ORDER WOULD BENEFIT CHINA

House Republicans are pressing the Trump administration for answers over whether China is exploiting U.S. birthright citizenship and visa programs in a U.S. territory to secure long-term influence inside the United States. (GemStocks/Getty Images )

The Northern Mariana Islands is a U.S. territory in the Pacific, and like births in any U.S. state, children born there are granted American citizenship under the 14th Amendment, even though the territory operates under certain distinct immigration rules.

The lawmakers cite reports estimating that between 750,000 and 1.5 million Chinese nationals have obtained U.S. citizenship through birthright policies and birth tourism, though federal agencies have not publicly confirmed those figures. In their letter, Roy and Tiffany ask the Departments of Homeland Security, State and Interior to provide data on how many children have been born since 2009 to at least one Chinese national parent, how many have reached voting age, and how many are registered to vote in the United States.

They also ask whether any such individuals have documented ties to the Chinese Communist Party and request entry figures for Chinese nationals under Northern Mariana-specific immigration programs.

Under the 14th Amendment, individuals born on U.S. soil are generally granted citizenship at birth. The debate has centered on whether foreign nationals travel to the United States specifically to give birth so their children will obtain citizenship — a practice commonly referred to as birth tourism.

Federal prosecutors in recent years have brought criminal cases against operators of birth tourism businesses, particularly in California, where organizers were convicted of visa fraud and conspiracy for helping foreign nationals misrepresent their travel intentions in order to give birth in the United States.

The Northern Mariana Islands have long operated under distinct immigration frameworks. In 2009, the Obama administration implemented a categorical parole program allowing certain Chinese nationals to enter without obtaining a traditional U.S. tourist visa. The Biden administration in 2024 finalized a rule creating the Economic Vitality & Security Travel Authorization Program (EVS-TAP) for the Northern Mariana Islands, which allows certain Chinese nationals to enter the territory visa-free for short stays.

In a letter sent to Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio and Interior Secretary Doug Burgum, Reps. Chip Roy, R-Texas, and Tom Tiffany, R-Wis., and 32 other GOP members raise concerns that so-called “birth tourism” and visa-waiver policies in the Commonwealth of the Northern Mariana Islands (CNMI) could be leveraged by Chinese nationals in ways that present national security risks. (Kevin Dietsch/Getty Images)

The lawmakers argue those policies created incentives for birth tourism in Saipan, the capital of the islands, pointing to reports that births to foreign visitors increased sharply after the 2009 changes.

NOEM BACKS SAVE AMERICA ACT, SLAMS ‘RADICAL LEFT’ OPPOSITION TO VOTER IDS AND PROOF OF CITIZENSHIP

They warn that once U.S.-born children turn 21, they can petition for lawful permanent resident status for their parents, potentially opening additional immigration pathways.

While the letter raises concerns that such individuals could eventually participate in U.S. elections, it does not cite evidence that large numbers are currently registered to vote or that the Chinese government has directed birth tourism as a coordinated strategy.

The Departments of Homeland Security and Interior did not immediately respond to Fox News Digital’s requests for comment. The State Department referred back to the Department of Homeland Security.

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The letter comes amid heightened tensions between Washington and Beijing, with U.S. officials repeatedly warning about Chinese influence operations, intellectual property theft and espionage efforts targeting American institutions.

Roy and Tiffany urged the administration to end any parole or visa-waiver programs extended to Chinese nationals in the Northern Mariana Islands and to provide a full accounting of the scope of birth tourism involving PRC nationals.

The Chinese embassy could not immediately be reached for comment.

Politics

CBS News’ Justice Department correspondent Scott MacFarlane exits network

Published

10 hours ago

March 9, 2026

Press Room

CBS News’ Justice Department correspondent Scott MacFarlane exits network

Scott MacFarlane, a high-profile hire for CBS News five years ago, announced Monday he is leaving the network.

MacFarlane told colleagues in an email that the departure is his decision.

“I will always value the opportunity I had to work alongside the talented and committed professionals here,” MacFarlane said. “I’m proud to have had the words ‘CBS correspondent’ next to my name and always will be.”

MacFarlane added that he looks forward to “some independence and finding new spaces to share my work in line with my personal goals.”

MacFarlane is the first significant name to depart CBS News since parent company Paramount won its bid to acquire Warner Bros. Discovery on Feb. 27. CBS News is likely to be combined with Warner Bros. Discovery’s CNN if the deal gets regulatory approval.

Journalists at CBS News have also been concerned over the moves by Bari Weiss, the contrarian opinion writer and founder of the digital news site the Free Press who was brought in as editor in chief of the division. Weiss was recruited by Paramount Chief Executive David Ellison with a mandate to move CBS News to the political center.

Weiss is expected to make significant changes to “60 Minutes” and other CBS News programs in the coming months.

Executives at other TV news organizations say privately that they are seeing a heavy influx of resumes from CBS News journalists due to the upheaval at the company.

MacFarlane covered Congress and the Justice Department. CBS viewers saw him featured during extended network coverage of the State of the Union addresses and election nights.

MacFarlane was in Butler, Pa., during the assassination attempt of President Trump in July 2024. He reported the first accounts of the shooting scene and emergency responses moments after the shots were fired.

Before arriving at CBS News, MacFarlane served for eight years as an investigative reporter for WRC-TV, the NBC station in Washington, D.C.

Politics

Before-and-after satellite imagery offers a rare look at damage inside Iran

Published

21 hours ago

March 9, 2026

Press Room

Before-and-after satellite imagery offers a rare look at damage inside Iran

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Fresh satellite images give a rare aerial view of the damage across Iran after U.S.-Israeli strikes and what Tehran’s retaliation left behind across the region.

Planet Labs satellite imagery captured burning ships and damaged facilities at the Konarak base in southern Iran, as well as significant destruction at Iran’s naval headquarters in Bandar Abbas on the Persian Gulf, reflecting the scale of the strikes on military infrastructure.

Satellite imagery from Planet Labs shows damage at Konarak naval base in southern Iran, left, and Iran’s Bandar Abbas naval headquarters in the Persian Gulf, right. (Planet Labs PBC)

Imagery from Vantor shows damage to facilities and vessels located in Iran’s Bushehr port in the Persian Gulf.

In addition to naval assets, satellite photos show a bunker at Bushehr air base hit by a strike, leaving a large crater and destroying several nearby small buildings.

More strikes targeted the Choqa Balk drone facility in western Iran.

Radar systems at the Zahedan air base in eastern Iran — near the country’s borders with Pakistan and Afghanistan — were also struck.

The two facilities are about 800 to 900 miles apart, underscoring the broad reach of the coordinated strikes.

Satellite imagery also reveals damage to aircraft on the tarmac at Shiraz air base, including scorch marks and debris around several parking areas.

Side-by-side photos showing damage to aircraft at Shiraz air base in Shiraz, Iran on March 6, 2026. (Vantor/Maxar/Getty Images)

Satellite imagery from Planet Labs shows thick smoke plumes rising above Tehran, signaling explosions and fires inside the Iranian capital.

The smoke underscores how the conflict has moved beyond isolated military sites and into the heart of Iran’s political center.

THE UNLIKELY TOOL TRUMP IS EYEING TO TACKLE RISING OIL PRICES AMID THE IRAN CONFLICT

A satellite image from Planet Labs shows a plume of smoke above Tehran, Iran, on March 1, 2026. (Planet Labs PBC)

Iran has since responded with missile and drone strikes of its own, expanding the conflict across the region.

Satellite images reveal damage to the port city of Sharjah in the United Arab Emirates. Sharjah is the third most populous after Dubai and Abu Dhabi.

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The Jebel Ali Port, the region’s largest maritime hub, was also targeted, underscoring how the retaliation extended beyond military sites to key infrastructure.

The new satellite imagery comes on the heels of U.S.-Israeli strikes that killed Iran’s supreme leader, Ayatollah Ali Khamenei, and several top members of the regime, triggering a succession crisis.

President Donald Trump warned on Sunday that Iran’s new leader is “not going to last long” without U.S. approval as Operation Epic Fury marches into a third week.

Amanda covers the intersection of business and politics for Fox News Digital.