Confused. Who currently has command of CA NG?

[intrepidity]

In Newsome's presser, he referenced the NG "returning" to his (Newsome) command tomorrow at noon.

Which means that right now, they are under POTUS command.

On what authority? His say so?

[chowder66]

1. Per the ruling by the judge but it has been appealed so it could change.

[Ms. Toad]

2. It is relatively standard to stay an emergency injunction briefly,

so that the losing side has an opportunity to appeal.

So Trump has them under the same authority that he originally grabbed them under. The judge ruled that power grab was unlawful, but all rulings are subject to appeal. Rather than bounce control back and forth (which would create more chaos), the court left a brief window before the control returns to Newsom in case there is an immediate appeal and an immediate stay of the court order.

[intrepidity]

3. But doesn't that "reward bad behavior"?

The fact that a judge admits that he has command sort of justifies how he grabbed that power.

I hate when he gets rewarded for all the shit he does! Even if only temporarily; it *always* emboldens him, grrrrr!

[Jack Valentino]

4. surely Drumph will have a "Lies Social" rant about it in the next couple hours...

after he wakes up from his evening nappy

[Ms. Toad]

6. It's not a reward - it's just how the law works.

Trial court judges make the initial evaluation. Appellate judges review them.

Temporary or emergency Injunctions are extraordinary relief - they are a determination of the facts and law before the court has the chance to hear the fully briefed arguments and all of the facts because it appears that irreparable harm will be done if an injunction is not issued. There is a strong presumption to maintain the status quo(Trump in control) - the trial court ruled against that in this case. A second strong presumption (although not formalized in law) is that bouncing back and forth between two positions on appeal (here Newsom has control v. Trump has control) is bad. To prevent that the appellate court stayed the injunction (leaving the matter in the status quo - Trump control for now), but because of the potential for irreparable harm it fast tracked its review of matter - it will hold a hearing (after preliminary briefing) next Thursday (IIRC).

To take it to an extreme - think of a death sentence. Is it a reward to the convicted person (trial court decision) to have their death sentence stayed until an appeal can be carried out, or is it due process?

[ecstatic]

5. this is so dangerous

Nobody knows what's going on. A lot of potential for deadly mistakes and miscommunication.

trump is playing with fire in the middle of a potential world war brewing.

[In It to Win It]

7. Donald J. Trump

because no one is stopping him.