“Petitioner is not a flight risk, & the evidence presented is that he is not a danger to the community,”Judge Farbiarz said. “Period, full stop.”

During an hourlong hearing conducted by phone, the New Jersey-based judge said the #Trump admin had “clearly not met” the standards for #detention.

The #DOJ filed notice Friday night that it is appealing #MahmoudKhalil’s release. [cuz they’re assholes]

The #Trump admin is [still] seeking to #deport #MahmoudKhalil over his role in pro-#Palestinian #protests. He was detained on March 8 at his apartment building in Manhattan.

Khalil was released after US Dist Judge Michael Farbiarz said it would be “highly, highly unusual” for the govt to continue detaining a #legal US resident who was unlikely to flee & hadn’t been accused of any violence.

The former #ColumbiaUniversity graduate #student left a federal facility in Louisiana on Friday. He is expected to head to New York to reunite with his #UScitizen wife & infant son, born while #MahmoudKhalil was detained.

“Justice prevailed, but it’s very long overdue,”he said outside the facility in a remote part of Louisiana. “This shouldn’t have taken 3 months.”

#Trump admin lawyers wrote in a June 17 filing that #MahmoudKhalil's request for release should be addressed to the judge overseeing his #immigration case, an administrative process over whether he can be deported, rather than to Farbiarz, who is considering whether Khalil's March 8 arrest & subsequent detention were constitutional.

That request centers on a 19th-century #law, the #PosseComitatusAct, that generally makes it illegal to use the #military for #domestic law enforcement. The #Trump admin has argued that the #troops are not themselves performing law enforcement tasks, but rather are protecting civilian agents who are trying to arrest undocumented #immigrants.
[but we know better]

Judge Breyer’s temporary restraining order [#TRO] concerned only the #NationalGuard & whether it was lawful for #Trump to mobilize them under #federal control. At the hearing on Friday, he is also set to address a #state request to limit #troops under federal control to guarding federal buildings, & to bar them from accompanying #ICE agents on the #workplace #raids that sparked the #protests.

Either way, litigation in the case is set to return on Friday to the San Francisco courtroom of the Federal District Court judge, Charles Breyer, for a hearing. He is weighing whether to issue a more durable preliminary injunction restricting what #Trump can do with some 4,000 #NationalGuard #troops or 700 active-duty #Marines his admin has also deployed into the #city.

The court case could have wider implications on the president’s #power to deploy #soldiers within the #US after #Trump directed #immigration officials to prioritize #deportations from other #Democratic-run #cities.

Trump, a Republican, argued that the #troops were necessary to restore order. Newsom, a #Democrat, said the move inflamed tensions, usurped local authority & wasted resources.

The decision halts a ruling from Judge Breyer, who found #Trump acted illegally when he activated the #NationalGuard over opposition from #California Gov #GavinNewsom.

The #9thCircuit court of appeals concluded that “it is likely that the President lawfully exercised his statutory authority”.

It also found that even if the #federal govt failed to notify the Newsom before federalizing the National Guard as required by #law, Newsom had no power to veto the president’s order.

The court used 14 of its 38 page ruling to reject the #DOJ's argument that #Trump's decision to federalize the #California #NationalGuard can't be reviewed by the courts.

But, the court concluded that the requirement in #Title10 §12406 that "orders ... shall be issued through the governors of the States" does not mean that a governor must consent or even be consulted before their #state's National Guard is federalized.

A 3-judge panel of the San Francisco-based #9thCircuit Court of Appeals extended a pause it placed on US District Judge Charles Breyer's June 12 ruling that #Trump had called the #NationalGuard into #federal service unlawfully.

https://storage.courtlistener.com/recap/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf/gov.uscourts.ca9.4e2731d4-cbd8-4803-a59f-a1d0c6023daf.32.0.pdf

In Diaz’s view, Guevara’s livestream shows him acting compliant & respectful around law enforcement.

“He didn’t do anything illegal. The only thing he was doing was documenting the police’s actions. So, why was he arrested?” he said at Tuesday’s news conference. “He has always complied with the #law. His record is impeccable in this country. So, this #arrest is concerning.”

#immigration #democracy #RightToProtest #FreedomOfAssembly #FreePress #Trump #Gestapo #ICE
https://www.youtube.com/shorts/LuIeuijP32I

Local police charged #MarioGuevara with 3 misdemeanors for his behavior at the pro #ImmigrantsRights #protest: obstruction of law enforcement, unlawful assembly & pedestrian walking on or along a roadway.

In #arrest warrants obtained by AJC, Doraville #police *said* the #journalist ignored repeated instructions to stay off the street & to leave the site of the protest after it was declared an unlawful assembly.

“This is clean up from the #Pentagon. This isn’t a new deployment — it’s the same group of #soldiers who have been diverted from critical #wildfire work & work at the #border, now twiddling their thumbs for Donald Trump’s #PoliticalTheater”, the statement from Governor #Newsom's office said.

“The activation of the 49th is intended to provide Task Force 51 with adequate numbers of forces to provide continuous coverage of the area in support of the lead federal agency.”the #defense dept said.

Governor #Newsom's office quickly condemned the announcement, saying the new activation is the second set of 2,000 federalized #NationalGuard members under #Trump's June 9 order.

The newly activated troops are from the 49th #Military #Police Brigade, which is stationed in Fairfield, Northern #California. They are part of Task Force 51, made up of overall 4,100 #NationalGuard members & 700 active-duty #Marines.

“As with other units identified to support this mission, the brigade will not directly participate in #civilian law enforcement activities,” the #defense dept said.

The dept said #Defense Secy #PeteHegseth directed the activation under #Title10, which allows the president to call the #NationalGuard into federal service when the country is under #invasion or #rebellion, to support “the protection of federal functions, personnel, & property in the LA area," acc/to the US Northern Command.