it's right now. >> who is in control of the california national guard. that's the question weighed today by a panel of appeals court judges. the state of california is suing over the president's use of the national guard troops down in los angeles. good afternoon. thanks so much for being here. i'm julian glover. the hearing over the control of the california national guard just wrapped up a couple of hours ago. the us court of appeals for the ninth circuit heard those arguments after judge charles breyer ordered trump to return control of the california national guard to governor gavin newsom last week. both sides back in court in san francisco once again today, the attorney for the federal government is arguing the trump administration has the authority to control national guard troops in california. he claims the court has no role in reviewing the president's decision. >> the first sentence of the statute provides conditions and then says the president may call

into federal service members of the national guard. so that is an express grant of authority to the president to take action to call up the national guard. >> attorneys for the state argue that there are conditions the president must meet in order to activate the guard. and even after meeting those conditions, he still needs approval from governor newsom. >> even if they were present, which, of course, we dispute was the order issued through the governor of california. the answer to both of those inquiries is no. and that's as far as the court needs to go. >> last week, a lower court ruled the troops were deployed illegally and returned control of the national guard soldiers to the governor, who filed the initial lawsuit over the deployment. the appeal is being overseen by a federal judge appointed by president trump. well, of course we want to get a better understanding of this legal issue. so coming up in about ten minutes, we'll speak live with the professor from uc law, san francisco, who will break down california's challenge of the president's authority to deploy the

california national guard. the white house is facing another legal challenge a new one from the city of san francisco. the city attorney says the feds illegally yanked millions in funding to prevent terror attacks. abc seven news reporter gloria rodriguez explains. >> san francisco joins four other cities in a lawsuit against president donald trump's department of homeland security regarding the possible freezing of funds for counterterrorism efforts. san francisco receives more than $1 million a year from the securing the cities program, used to detect and prevent terrorists and nuclear attacks. >> we've been ranked by the federal government as one of the urban areas around the country that is at the top of the list when it comes to vulnerability and risk. we are right behind new york and los angeles and chicago. this is important work that we need to ensure that we are being kept safe. and we've been mystified as to why the trump administration would

freeze this funding. >> san francisco city attorney david chu says the funding is used to provide detection equipment, training and expertise, and that while san francisco administers the program, there are 17 cities and counties in northern california and western nevada that are part of it. this comes as the bay area prepares to host the fifa world cup and super bowl at levi's stadium next year. >> we are working to make sure those events will be safe uh. but this funding freeze obviously is not helpful toward that goal. as a region. as a city, we're going to do everything we can to ensure the safety of everyone who is going to be taking part in those events, but this is not helpful. >> president trump signed the countering weapons of mass destruction act in 2018, passed by congress. it required dhs to establish the securing the cities counterterrorism program. this is a seventh lawsuit san francisco has filed against the trump administration on a range of topics. chu says they are confident regarding this latest

lawsuit in san francisco. gloria rodriguez, abc seven news. >> california senator alex padilla gave an emotional speech out on capitol hill today after he was forcibly removed from a homeland security press conference last week. homeland security called his actions political theater. abc news reporter melissa don has his message. >> i pray you never have a moment like this. >> california democratic senator alex padilla, emotional on the senate floor and describing this moment last week. >> i'm senator alex padilla. >> when he was removed from homeland security secretary kristi noem's press conference, when he says he was trying to ask a question about immigration raids in los angeles. >> i was forced to the ground. first on my knees. and then flat on my chest, and as i was handcuffed. >> put him behind my. >> back and marched down a hallway, repeatedly asking, why

am i being detained? >> today, senator padilla, the ranking member of the senate judiciary immigration subcommittee, calling on lawmakers to speak out against the trump administration. >> what's happening is not just a threat to california. it's a threat to everyone in every state. if donald trump can bypass the governor and activate the national guard to put down protests on immigrant rights, he can do it. to suppress your rights. >> to melissa don, abc news, los angeles. >> president trump is calling for iran to unconditionally surrender, two white house officials told cnn the president is considering using military assets to strike iranian nuclear facilities, and seems to be souring on the idea of a diplomatic end to the conflict between iran and israel. yesterday, israeli prime minister benjamin netanyahu told abc news he has not ruled out

assassinating iran's supreme leader. >> look, we're doing what we need to do. i'm not going to get into the details. it's not going to escalate the conflict. it's going to end the conflict. >> i want people to be safe, and that's always possible. a thing like that could happen. i just want people to be safe. >> we are now on day five of the fighting between iran and israel. over 200 iranians and 24 israelis have been killed so far. hundreds of other citizens have been injured. well, help is on the way to help protect san francisco firefighters from cancer. san francisco mayor daniel lurie announcing this morning new funding for cancer screening for the city's firefighters. >> when there is danger, you run towards it. you are the protectors of san francisco. and today, we are here to protect you. >> the program will provide advanced imaging scans for all active duty firefighters over the age of 40, with at least five years of experience. these scans are not typically covered

by insurance. mayor lurie says the screenings will save lives, especially since cancer is a leading cause of death for firefighters in the south bay. hundreds of home care workers in santa clara county rallied before providing public comment to the board of supervisors, demanding protections as ice agents ramp up raids at schools and workplaces. the workers, many of whom are immigrants themselves, are also demanding wage increases. the union representing home care workers says the $20 an hour wage is nowhere near the living wage for the area, which is about $35 an hour. the leaders of all five bay area food banks came together to warn against the republican budget bills cut to the supplemental nutrition assistance program, better known as snap. together, the five food banks serve 675,000 people across the bay area. >> i meet so many families who are working, and they are still struggling to be able to pay their rent and put food on the table. we meet seniors who are

living on fixed incomes and really struggling to be able to afford their prescriptions and still pay for food. at our school sites, we meet teachers who are worried about kids coming to school hungry. snap really matters here. >> the house and senate versions of the budget bill, which slashed between 200 and $300 billion from snap in what the food bank leaders are calling the greatest rollback of food assistance in modern u.s. history. soon, you'll see waymo's cruising around more cities on the peninsula. waymo is now expanding its service to brisbane, south san francisco, san bruno, millbrae and burlingame. the company is also increasing driverless taxi service by 80mi■!s today, betwen san francisco and the silicon valley and los angeles. this all comes just about a week before the scheduled launch of tesla's robo taxi service in austin, texas, a market where waymo already offers rides there. tonight, the san ramon planning commission is set to consider a plan for a major housing

development. the proposal would take a parcel of bishop ranch and divide it into two developments, totaling between 412 and 540 units. an affordable apartment complex would hold 157 units, ranging from 1 to 3 bedrooms. the second development would build 255 single family homes, 128 of them, with the option of adding accessory dwelling units or adus. a new movie theater is coming to san francisco. east coast based apple cinemas will open its first west coast location in the don lee building at 1000 van ness avenue. you may recall the building has a long history with movie theaters. it used to house an amc. more recently, cgv cinemas vacated the building two years ago. representatives for apple cinemas told the chronicle the space is in excellent shape, so much so they could open up in as few as just 30 days from now. still to come here on abc seven news at three, we're going to

take a deeper dive into that court hearing today over the national guard deployment in los angeles. the case explores presidential powers in the right of states. we'll break it down with a professor fro works till midnight seven days a week. we come when it■s convenient for you, not when it's convenient for us. when you want junk to disappear. all you have to do is point. we make space for possibilities.

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convenient for you, not when it's convenient for us. when you want junk to disappear. all you have to do is point. we make space for possibilities. we're staying on top of the big story today, the u.s. court of appeals for the ninth circuit hearing president trump's appeal of a san francisco judge's national guard ruling that judge charles breyer ordering trump to return control of the california national guard to california governor gavin newsom. and this three judge panel stayed the ruling until today's hearing could happen. that panel is now deliberating. we're getting answers now from professor rory little of uc san francisco. professor little. always great to have you here.

>> happy to be here. >> much of the discussion today, as we all heard, seemed to hinge on the judge's interpretation of the word through whether the president's order to federalize or take control of the national guard through governor newsom meant he needed the governor's consent or not. what's your take on how those arguments played out today in court? >> well, you know the arguments. it's a three judge panel. two of them were appointed by president trump in his first term. i would say that they were not disposed to the california position. i think they're more likely to reverse judge breyer's opinion, which i think was a fine opinion. the argument did focus on this statutory requirement has to go through the governor. i think it's undisputed. it didn't go through the governor. whatever the word through might mean, the problem is, is it's kind of a meaningless requirement because all the president has to do is send them a little telegram saying, you know, i'm going to call out the national guard. it doesn't require consent or consultation.

the real argument today seemed to focus on whether the president uh, gets full discretion and deference. if he finds that the regular forces are unable to execute federal law. uh. that's the section the panel focused on today. and there's debate about exactly what does that mean? the california says, look, ice is carrying out federal law. we know it every day. they're doing dozens of people. the government says, well, but there's these violent protests which are interfering a little bit. and the question is, is that enough for the president to send, you know, armed, combat ready troops onto the civilian streets of our cities? >> another interesting point that we heard being weighed today was that the department of justice attorney arguing president trump has unreviewable power as commander in chief to deploy those troops in any way he wants. what's your take on how the judges seem to respond to that argument? >> well, you're absolutely right that the government started with this position. you can't even review what the president says.

if the president invokes the statute, that's the end. i was happy to hear that trump appointed judges immediately question that and propose hypotheticals where it seems outrageous that the judicial branch would have no role to play. there's an old case from 1827 that suggests it's the president's exclusive authority. that's a pretty old case history context, very different. i think they're going to say there is a judicial role to play here, but that it's highly deferential, and the facts on the ground are enough for the president's order to stand up, at least right now. this will immediately be appealed to the supreme court by both sides. and there's no guarantee what the supreme court will do. >> that leads me to one of my questions. you know, i we always say this, rory, you do not have a crystal ball. but i'm always curious on your take. how do you think the u.s. supreme court could potentially weigh in on this case when it appears?

inevitably, this case makes it to the high court. >> well, it's going to get there for sure. what they will do is a different question. if the panel were to affirm judge breyer's order. i think there's no doubt that it would immediately be taken up by the supreme court. if the panel reverses judge breyer's order, there's a possibility the supreme court will be asked to review the case by california, but that they will not have four justices who want to review it. there are three liberals, three in the middle, let's just say, or maybe six conservative. and if four of them, that is three liberals plus one don't want to review the case, then they don't have to. so it's possible, if the panel decides for the trump administration that it won't be reviewed by the supreme court. let me just say this is a preliminary motion, and judge breyer still has jurisdiction over the preliminary injunction and the trial on the merits. and that will go forward no matter what these courts say. there's still more to be done on this

issue. >> and that proceeding, i believe, will be taking place this friday. they kind of mentioned that towards the end of the hearing today. i'm curious about your take on this idea of irreparable harm that the attorney for the state of california was arguing that irreparable harm had already been done by president trump, by federalizing the troops and deploying them down there in los angeles. and essentially, that deployment of the national guard violated the separation of the u.s. military from engaging in civilian affairs. and that seemed to have been the alarm that so many folks on both sides of the aisle were ringing. in the days since this has happened. what's your read on the importance of this case? >> yeah. let me just first say that friday hearing is probably going to be postponed, whichever way this case goes, because the supreme court will want to take time to review the papers. at least. you know, i think it is a great damage to our constitutional system for the president to send combat ready troops to civilian locations,

your grocery store, your kid's elementary school. and i think it is irreparable harm. now, sometimes that is necessary, but when it isn't necessary, and that's the argument in this case, it's not necessary. the local forces are saying we have this under control. yes, there's been violence, but we have it under control and we know how to do our jobs. the governor did not request the national guard. the governor could have requested the national guard. so the constitutional harm here to the separation of powers and the authority of the president to call out the military on a domestic level, i think is very serious. california did emphasize that today. the government says, well, we're being harmed by not being able to carry out federal law. that's not a frivolous argument. we'll see which way. i think it's more political than it is, you know, meritorious. >> okay. professor rory little of uc law, san francisco, we really appreciate your time and your expertise. of course, we'll be speaking with you again as we

continue to see how these rulings play out. we appreciate you. thanks so much. >> thank you. thank you. >> still to come here on abc seven news at 3 p.m. a scolding from the judge today in the case of diddy. we have a

the judge in the sean diddy combs trial says someone in the courtroom leaked information about a change on the jury. the judge scolded both the prosecution and the defense at the start of today's hearing yesterday. an original juror was taken off the panel after he was found to no longer live in new york. prosecutors say the issue involves communications with the jurors former colleague, but both sides claim not to be responsible. >> the judge went to the extent to say, well, someone here is lying, either having to deal with the prosecution or the defense team. >> also, more testimony today about drug fueled sex parties, so-called freak offs. a special agent showed the jury a receipt from 2012, when combs left

behind $46,000 worth of damage and allegedly paid for it with bank accounts controlled by his company. prosecutors are trying to prove combs business was used as a criminal enterprise to fulfill his sexual desires. combs has denied all charges and has pled not guilty. one of the two doctors charged in the 2023 overdose death of friends star matthew perry has agreed to plead guilty. according to the plea agreement, doctor salvador palencia will plead guilty to four counts of distribution of ketamine. he could face a maximum of 40 years in prison. prosecutors say perry first used different doctors for ketamine infusion therapy to treat depression. but when they refused to increase his dosage, he turned to palencia and another doctor. at one point, palencia allegedly charged perry $55,000 for 20 vials of ketamine. >> these defendants took. >> advantage of mr. perry's addiction issues to enrich

themselves, he wrote in a text message in september 2023, quote, i wonder how much this moron will pay. >> pawlenty admits the ketamine vials were not for a legitimate medical purpose. three other people also face charges. a major food producer says it is eliminating all artificial colors from its food. by the end of 2027. kraft heinz is the brand behind iconic colorful foods like jell-o, heinz ketchup, and kool-aid. the company says nearly 90% of their u.s. products are already free of artificial coloring. this move comes after health and human services secretary robert f kennedy, robert f kennedy jr, rfk jr unveiled what he said would start phasing out eight synthetic food dyes in our food supply. a new block party is coming to san francisco. the latest one will be near the mint in the space between fifth and main street. san francisco mayor daniel lurie announcing yesterday that minted sf will happen every friday from five until 9 p.m. next month in july.

the parties will include live music performances. minted sf is free and will run through september. well, we are enjoying some warmer than average temperatures today and the warmest part of the week is yet to come. we get all the details in the accuweather f

it is time now to get to your accuweather forecast and the start of a warming trend. abc seven weather anchor spencer christian shows us the spots that will soon be seeing 80 and 90. spencer. >> you're right about that. julian. in fact, this is a two day warm up. but today was much warmer than yesterday. the marine layer was a little bit shallow this morning. it burned away quickly. we had sunny skies from the early morning hours throughout the day, and even now

we still have sunny skies with a rather robust onshore flow. as a matter of fact, current wind speeds are up to about 20mph here in san francisco. gusts to 35mph at sfo and all around the bay area. right now, it's a relatively breezy and it's quite a bit warmer than this time yesterday. five degrees warmer at novato and oakland than at this time yesterday. 90 degrees warmer in concord. so the warm up is underway. this is day one of a two day warm up looking out over san francisco right now from sutro tower, 63 degrees here in the city, oakland 68. we have 72 at hayward, 76, san jose 78. redwood city, half moon bay, 61 degrees. nice view from mount tam looking down onto the bay and portions of san francisco. just a little bit of haze in the air there, but mainly blue sky. other temperature readings at this hour. 89 at santa rosa, so we'll probably see 90 there before the day is over. upper 70 at petaluma and napa, 90 at fairfield, 88 at concord and 82 at livermore. and blue skies with breezy conditions at the golden gate. and these are our forecast headlines. it will be

summerlike tomorrow, even warmer than today, with high temperatures near 80 degrees around the bay shoreline mid 90s inland. tomorrow into the weekend, we expect breezy and much cooler weather as summer arrives. the summer solstice begins on or i should say occurs friday at 7:42 p.m. pacific daylight time. on we go to the forecast animation. going into the evening hours, we'll see the marine layer redevelop and push across the bay locally inland. it will be deeper than it was this morning, and we'll see some patchy drizzle developing during the wee hours of the morning between midnight and about 7 a.m. it will be mainly offshore, but some of it may work its way onshore near the coastline, but not very far across, certainly not across the bay. we're not expecting that. so overnight lows under partly cloudy skies inland, but of course cloudier near the coast. we'll see mainly low to mid 50s inland and around the bay shoreline and low 50s on the coast. highs tomorrow. low 60s. coast 70 here in the city. upper 70s to near 80 around the bay. shoreline mid 90s inland

tomorrow. and here's the accuweather seven day forecast. it will cool down quite a bit on thursday which is juneteenth. friday. summer solstice arrives under relatively cool conditions for the first day of summer and then going into early next week. a little bit of a warm up, julian. >> we'll enjoy it while it's here. we appreciate it. thank you so much, spencer. do you feel like you're always working? if so, apparently you are not alone. new research by microsoft says workers are struggling to cope with the never ending workday. the tech company analyzing data from employees around the world who use a microsoft service. services including outlook and powerpoint. microsoft found late meetings we're talking about after 8 p.m. rose 16% compared to last year, and one third of workers say it's been impossible to keep up with the pace of work over the past five years. that'll do it for abc seven news at three. i'll see you back here for abc seven news at 4:00. world news tonight with david muir starts right now. >> take care.