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Appeals court appears skeptical of Newsom's claim that Trump illegally deployed National Guard

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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.

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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.

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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

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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’

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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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Wyoming

Call for Wyoming musicians: 'Tunes on the Trail' returns Summer 2026

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Call for Wyoming musicians: 'Tunes on the Trail' returns Summer 2026


(Statewide) – The Wyoming Department of State Parks and Cultural Resources is seeking four Wyoming-based musicians to perform intimate, unplugged concerts in scenic outdoor settings during the summer of 2026. Launching its second season in 2026, Tunes on the Trail was created in partnership with the Wyoming Office of Outdoor Recreation, the Wyoming Arts Council, and […]



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San Francisco, CA

San Francisco could vote again on whether to allow cars on the Great Highway

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San Francisco could vote again on whether to allow cars on the Great Highway


In San Francisco’s Sunset District, controversy continues over what to do with the Great Highway.

Friday, the newly-appointed supervisor for that district, Alan Wong, confirmed he is running to keep his job. He also shared that he would support a ballot measure that would bring cars back to the now-closed stretch of road. Some residents in the district already said they would be prepared to fight back against that ballot measure if it came to fruition.

This has been a politically tumultuous year for the Sunset District. In November of 2024, San Francisco voters narrowly approved Proposition K, which moved to close the highway along Ocean Beach to cars and to transform it into a park. In March of 2025, the stretch of road was permanently closed to cars, and in April, the area was officially reopened as Sunset Dunes Park. In September, voters recalled then-Supervisor Joel Engardio, with many in the campaign against Engardio expressing frustration with his support for turning the Great Highway into a park. In November, Mayor Daniel Lurie appointed Isabella “Beya” Alcaraz as the new supervisor for District 4, only to have her resign a week later amid growing questions about her actions as a small business owner.

At the start of December, Mayor Lurie swore in Alan Wong as his new appointee to serve as supervisor in District 4. Wong grew up in the Sunset, attended Lincoln High School, and has served as both an elected member of the San Francisco City College Board of Trustees and as a legislative aid to former supervisor Gordon Mar.

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In an interview with NBC Bay Area on Friday, Wong shared that he has not hidden the fact that he voted no on Prop. K in the 2024 election. However, in his first three weeks in office, Wong said he set out to “have conversations with different constituent groups and listen to them” about the issues.

“After three weeks of listening and having these conversations, I believe that my values and how I voted before align with the majority of the district,” Wong said.

San Francisco Supervisor Alan Wong supports a ballot measure that calls for cars to return to the Great Highway.

“And as the district supervisor, I need to take a leadership role in representing the district that I am here to serve,” he continued.

Wong said he is now prepared to be one of the four supervisors supporting a ballot initiative to reopen the Great Highway to cars on weekdays.

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Molly Rose, with Sunset Parent Advocates, worries that when Wong was listening to community voices over the past three weeks, some voices may have been left out.

“If he talked to the Sunset residents, he didn’t talk to me, and he didn’t talk to us– the family groups I am a part of,” Rose said.

“We are all very pro-park, we use it very heavily as a park,” she continued.

Rose said there are several hundred parents involved with her group. As a parent, Rose said her children love going to the park there.

“Sunset Dunes is the place where I take my kids to have a safe place to play,” she said.

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Rose said that she has been asking for Wong to meet with her group, but has been waiting to hear back from his scheduling team.

Wong’s office confirmed that Rose is in touch with their office and that Wong’s scheduler is “actively coordinating a time” for them to meet.

“While I do think there is a very loud, anti-park contingent of people in the Sunset, I don’t think they’re the majority,” Rose emphasized.



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Denver, CO

Flyers forward Denver Barkey called up as NHL rosters head toward holiday freeze

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Flyers forward Denver Barkey called up as NHL rosters head toward holiday freeze


NEW YORK — The NHL hits a roster freeze at 11:59 p.m. on Friday, so with defenseman Egor Zamula clearing waivers and being assigned to the American Hockey League, it left a roster spot open.

Forward Denver Barkey has been called up.

Drafted by the Flyers in the third round of the 2023 NHL draft, Barkey turned pro this season and has been impressive while skating primarily on the wing for Lehigh Valley of the AHL. The 20-year-old has 16 points (seven goals, nine assists) in 26 games for the Phantoms, primarily playing on the wing with center Lane Pederson and winger Alex Bump.

“I think right from the start, he’s played very well,” Flyers assistant general manager Brent Flahr recently told The Inquirer. “On the production side, he makes plays, he works, and the details are great. Such a smart player. He’s got to get stronger and build up his body to handle the grind and but so far, so good.

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“Down there, he’s been arguably our best forward a lot of nights, and coaches love them plays, plays a lot. He’s certainly going in the right direction.”

» READ MORE: Flyers Q&A: Brent Flahr dishes on prospects Porter Martone, Jett Luchanko, and more

Well, the direction now is east to New York City ahead of the Flyers’ matchup with the New York Rangers on Saturday afternoon (12:30 p.m., NBCSP). The kid from Ontario is in line to make his debut at the World’s Most Famous Arena.

“I call him like a little mini [Travis Konecny],” Flyers director of player development Riley Armstrong said of Barkey over the summer. “He’s all over the puck. He’s grimy when he doesn’t have the puck. He’s always working to get the puck back.

“He’s really good with his stick picking pockets, transitioning, and his eyes are up; I don’t think a little guy like that skating around, his head down, is going to last very long in the game.

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“But when you watch him go into corners, and he’s not afraid of that, he’s quick to get in, he’s quick to get out.”

Some have questioned Barkey’s size at 5-foot-10, 173 pounds, but no one questions his grit, moxie, will, and determination. Last season, he notched 25 goals and 82 points in 50 regular-season games before adding another nine goals and 20 points in 11 postseason games for London of the Ontario Hockey League.

On June 1, he captained the Knights to the Memorial Cup championship despite suffering a high-ankle sprain in the OHL Final. In the finale of the Memorial Cup, against the projected No. 1 for this June’s draft, Gavin McKenna, and Medicine Hat of the Western Hockey League, Barkey drove play and scored a pair of goals.

A month later, he was at the Flyers development camp but did not participate. He did, however, try.

“[Barkey] always comes to me every morning, ‘Hey, do you think you can get me out on the ice?’ No, no, you’re done,” Armstrong said with a chuckle in early July.

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The rest helped. He was again impressive at the Flyers’ rookie camp and in a game against their Rangers counterparts in early September in Allentown.

Barkey opened eyes with his speed, hockey IQ, puck possession and patience, and high-end passing ability. Looking completely healed from his high-ankle sprain, the forward used his quickness, leverage, and ability to win pucks to beat the defense at every turn and notched a goal.

It appears that his summer of eating Italian giant subs — Mike’s way, minus the onions — at Jersey Mike’s with his buddy, and former London teammate, Oliver Bonk, to add weight paid off. Phantoms coach John Snowden called him “a heck of a hockey player” in September.

“Continue to get bigger, stronger,” Barkey said of his summer plans at development camp. “It’s a big jump next year. I’m going to be playing against older men and strong guys. So, continuing to get stronger, faster, and I think the biggest thing is just using my brain and then finding a way to adjust. It’s a different game in pro.”

And Barkey has adjusted well to the pro ranks, skating on the wing of the Phantoms’ top line, which drives play and is relied on for offensive swings. His fellow winger, Bump, was actually the one many thought would be called up.

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The kid from Minnesota, who led Western Michigan to the NCAA championship in April, was pegged by everyone, including The Inquirer, to break camp with the Flyers; however, he was sent down after a poor main training camp. After a slow start in Lehigh Valley, he now has 20 points (seven goals, 13 assists) in 26 games in Allentown.



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