A late Thursday three-judge court of appeals ruling that allows Donald Trump to retain control of the National Guard deployed to Los Angeles is not the total win the president seems to think it is, reports MSNBC's Lisa Rubin.
During an appearance on. "Morning Joe," the legal analyst was asked about the judges writing, "We conclude that it is likely that the President lawfully exercised his statutory authority,” and she pointed out that the full ruling illustrates it is not that simple.
"This particular case, the one involving Los Angeles and California, the Court of Appeals last night saying this does not involve the president's constitutional authority because, at the district court, when asked, the Department of Justice very clearly said, 'No, no, no. We're relying on this statute,'" she began. "And they were given every opportunity by the District Court Judge Charles Breyer to invoke a particular constitutional authority they couldn't think of one.”
"When they went to the Court of Appeals, they said, 'Oh, now we're relying on the president's inherent Article 2 powers.' But the court didn't buy that in last night's decision limited him to the statute itself," she elaborated. "And so there's a lot of good news in this opinion in a way, for [California Governor] Gavin Newsom and [California Attorney General] Rob Bonta in terms of escalating this fight because, although the court is granting Trump what he wants, they're doing so in a way that leaves a bunch of open issues including the continued vitality of this 1827 opinion that they say they had to rely upon and granting trump this deference.”
She then added, "There's going to be a showdown.”
You can watch the video below or at the link right here.
