West
Appeals court appears skeptical of Newsom's claim that Trump illegally deployed National Guard
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A three-judge panel appeared skeptical on Tuesday during a hearing of California Gov. Gavin Newsom’s argument that President Donald Trump violated the law when he deployed thousands of National Guard members to respond to protests and riots in Los Angeles County.
All three judges on the panel for the U.S. Court of Appeals for the Ninth Circuit grilled a state attorney over Newsom’s request for the court to restrict Trump’s use of the National Guard.
The judges conveyed uncertainty about whether the court even had the ability to review Newsom’s claims, citing a case from 1827 that found presidents have exclusive authority over the militia.
“Even if we were to agree with you that there is some limited role of judicial review, how can, with the facts here and the language in Martin v. Mott, how can that test be met here by the state to justify an injunction against the president’s actions?” Judge Mark Bennett, a Trump appointee, asked.
Judge Jennifer Sung, a Biden appointee, said the “problem” she saw with California attorney Samuel Harbourt’s arguments was that the 1827 decision “seemed to broadly hold that … Congress was essentially giving the president the authority, the exclusive authority, to determine whether the [need for military presence] existed.”
JUDGE MULLS TRUMP’S AUTHORITY OVER NATIONAL GUARD, WARNS US IS NOT ‘KING GEORGE’ MONARCHY
Protesters began gathering on the steps of Los Angeles City Hall early Tuesday afternoon after three days of anti-ICE riots in the city. (Peter D’Abrosca for Fox News Digital)
The panel is weighing whether to extend its temporary hold on a lower court order, issued by Clinton-appointed Judge Charles Breyer last week, that temporarily blocked Trump from using National Guard soldiers in parts of Los Angeles.
Trump and Secretary of Defense Pete Hegseth invoked a provision of Title 10 to deploy military forces in the county following spurts of riotous behavior and heavy protesting in response to immigration raids during the past ten days.
In court papers, Department of Justice attorneys said Trump and Hegseth were using the military strictly to protect Immigration and Customs Enforcement (ICE) personnel and federal buildings.
The law they invoked includes the condition that there be a rebellion or invasion or that federal authorities, in this case ICE officials, are unable to carry out their jobs. The law also includes the condition that the president go “through” a governor to federalize the National Guard.
DOJ attorneys said that language did not require Trump to obtain Newsom’s permission to deploy the National Guard, despite presidents typically only doing so with a governor’s consent. Instead, the law simply required that Trump notify Newsom, the attorneys said.
Newsom fiercely opposed Trump federalizing guard members, and attorneys for California argued in court filings that the decision exacerbated the unrest and led to exponentially more rioting incidents. They said that regardless of the severity of the rioting, it did not “remotely” meet the criteria required under the Title 10 provision.
TRUMP TELLS JUDGE HE DOES NOT NEED NEWSOM’S PERMISSION TO CRACK DOWN ON RIOTERS, DEPLOY NATIONAL GUARD
Anti-ICE rioters and police face-off in Los Angeles on Saturday, June 14, 2025. Demonstraions across the country are being teld today under that banner of No Kings. (Jamie Vera/Fox News)
“As the district court found based on the record evidence, the circumstances here do not remotely amount to a ‘rebellion or danger of a rebellion’ or a situation that renders the President ‘unable with the regular forces to execute the laws of the United States,’” the state attorneys wrote.
Harbourt said during Tuesday’s hearing that local and state law enforcement had made around 1,000 arrests related to protest activity.
Since June 7, Trump has federalized 4,000 National Guard members and enlisted 700 Marines to offer support in California as ICE officials carry out raids and arrest allegedly illegal immigrants, including dozens with criminal records.
GAVIN NEWSOM LAUNCHES SUBSTACK TO FIGHT ‘DISINFORMATION’
Left: California Gov. Gavin Newsom; Right: President Donald Trump (Getty Images)
An ICE official said in an affidavit that National Guard members have been “essential” to providing extra support around the 300 N. Los Angeles Federal Building, which has been the site of frequent protests and unrest since the immigration raids began.
“Prior to the National Guard’s deployment, rioters and protestors assaulted federal, state, and local law enforcement officers with rocks, fireworks, and other objects. They also damaged federal property by spray painting death threats to federal law enforcement officers,” the ICE official wrote.
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Montana
Trump Approves Oil Pipeline Through Montana
Oil pipelines, it turns out, are one of the few things that can still get Montanans riled up. And now, here we go again.
Donald Trump has finalized the approval of one of the largest cross-state pipelines in U.S. history, a nearly three-foot wide pipeline that will carry oil from Canada through Montana to Wyoming when built out. It means if this thing goes ahead, you are looking at around 550,000 barrels a day moving through the region. That is no small enterprise either, and it has already placed Montana squarely in the middle of a well-worn debate.
Joe Raedle/Getty Images
A Debate Montana Knows All Too Well
If all of this is ringing any bells for you, you are not wrong. Montana has been here before when it comes to pipeline debates, and just like last time, people are already divided. On one side, you have folks looking at this and thinking jobs, energy independence, and perhaps, bringing some much-needed relief to the gas pump. Because in all honesty, fuel has been rough lately. Every single fill-up makes you feel like you are buying concert tickets, not gas. For a lot of people, it sounds like progress.
Shawn Thew-Pool/Getty Images
Not Everyone Is Celebrating
Then there is the other camp, and they are hardly celebrating. Once again, environmental concerns are front and center. Spills, land impact, long-term risk. Everything that tends to get brushed aside until something actually breaks. Montana is not exactly short on people who care about the land. That part is not political. That is just reality out here. So when a pipeline cuts across the state, it quickly feels like poking a hornet’s nest.
Joe Raedle/Newsmakers
So Where Does This Go From Here
So where does that leave things? That is the question right now. Is this a move toward cheaper energy and greater stability, or is it another gamble with long-term consequences? The truth is, it is probably both. That said, construction crews are not rolling in tomorrow. The project still has hurdles to clear and could run into legal challenges. But the conversation is already here, and it is not going anywhere. And if history is any guide, Montana is going to have plenty to say about it.
Counties with the highest cancer rates in Montana
Gallery Credit: Stacker
Nevada
5.2 magnitude earthquake in Nevada reportedly felt as far as Sacramento
An early morning earthquake in Nevada on Friday was felt as far west as the Sacramento Valley.
According to the U.S. Geological Survey, the quake struck around 1:17 a.m. about 50 miles east of Carson City. Shaking was reported across the Reno, Carson City and South Lake Tahoe areas.
People also reported feeling shaking along the Sierra Nevada foothills and into the valley, including in Roseville and Sacramento.
No damage has been reported.
The quake had a preliminary magnitude of 5.2. A magnitude 4.3 foreshock appears to have struck about two minutes before the main quake. Several aftershocks have followed, none larger than magnitude 2.7.
Nevada also saw a magnitude 5.7 earthquake centered in the same general area on April 13. Like Friday’s quake, that earthquake was felt in the Sacramento area.
New Mexico
Meta threatens to pull Facebook and Instagram from New Mexico over child safety trial requirements
The Lanier Law Firm lead attorney Mark Lanier joins Varney & Co. to discuss the social media addiction trial verdict against Meta and Google, comparing it to tobacco litigation.
Tech giant Meta is threatening to cut off access to its social media platforms in New Mexico as a response to the state’s legal effort to compel changes to child safety protocols on the platform.
Meta and the state of New Mexico are expected to proceed to the second stage of their trial next week after a jury recently issued a $375 million award to the state after finding that the company misled consumers about the safety of its platforms and protections for children against sexual predators.
The next phase of the trial will concern what actions the parent company of Facebook, Instagram and WhatsApp must take to address those issues.
Among the remedies New Mexico is seeking is to impose a requirement that Meta meet a 99% accuracy threshold in verifying that children on its platform are at least 13 years old. Meta has pushed back on that requirement, arguing in a court filing that it’s unfeasible and would require it to “comply with impossible obligations.”
META VOWS APPEAL OF ‘LANDMARK’ SOCIAL MEDIA VERDICTS, WARNS OF FREE SPEECH EROSION
Meta is warning that it may be forced to pull its apps from New Mexico if the state prevails in requiring the social media giant to implement certain safeguards. (Arda Kucukkaya/Anadolu via Getty Images)
Meta’s legal team said in a filing that New Mexico’s “requests for relief are so broad and so burdensome, that if implemented it might force Meta to withdraw its apps entirely from the State of New Mexico as an alternative way of complying with the injunction.”
“It does not make economic or engineering sense for Meta to build separate apps just for New Mexico residents,” Meta’s lawyers added. “Nor could Meta guarantee the perfection the State demands, making it impractical for Meta to operate in New Mexico.”
EXPERT WARNS OF MASSIVE RECKONING FOR SOCIAL MEDIA COMPANIES: ‘GIANT CASE OF KARMA’
| Ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| META | META PLATFORMS INC. | 611.91 | -57.21 | -8.55% |
The company has argued that it’s being unfairly singled out in comparison to other social media platforms that are popular with young people. It also previously signaled it will appeal the $375 million civil judgment against it.
New Mexico pushed back on Meta’s assertion that it would be impractical to comply with the safeguards it’s seeking for social media apps.
META ORDERED TO PAY $375M AFTER JURY FINDS PLATFORM ENABLED CHILD PREDATORS IN LANDMARK NEW MEXICO CASE
Meta is the parent company of apps including Facebook, Instagram and WhatsApp. (Reuters/Dado Ruvic/Illustration)
“Meta is showing the world how little it cares about child safety,” said New Mexico Attorney General Raúl Torrez. “Meta’s refusal to follow the laws that protect our kids tells you everything you need to know about this company and the character of its leaders.”
“We know Meta has the ability to make these changes. For years the company has rewritten its own rules, redesigned its products, and even bent to the demands of dictators to preserve market access. This is not about technological capability. Meta simply refuses to place the safety of children ahead of engagement, advertising revenue, and profit,” Torrez added.
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New Mexico is also seeking that Meta implement safer recommendation algorithms that don’t prioritize engagement over child well-being, restrictions on end-to-end encryption for minors, prominent warning labels about the platform’s risks, permanent bans for adults engaging in or facilitating the exploitation of children, and an independent oversight regime through a court-appointed child safety monitor.
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