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California Gov Gavin Newsom D speaks in Compton, California, on Thursday Daniel ColeReuters
California sued the Trump administration Monday over its order to deploy 2,000 California National Guard troops to Los Angeles without the governor’s consent, a move with little precedent that has dramatically increased tensions between the federal government and the Democratic-led state, the most populous in the United States.
The lawsuit argues that President Donald Trump overstepped his authority when he called up the National Guard in defiance of California Gov. Gavin Newsom (D), invoking a law that allows the president to do so under threat from a foreign “invasion” or “rebellion” against the U.S. government.
“Let me be clear: There is no invasion. There is no rebellion,” California Attorney General Rob Bonta (D) said in a statement. “The President is trying to manufacture chaos and crisis on the ground for his own political ends.”
The lawsuit contends that Trump’s move illegally infringed upon Newsom’s role as commander in chief of the California National Guard. The White House did not immediately respond to a request for comment on the lawsuit, but during a White House event shortly after the announcement of the lawsuit, Trump hailed his order to deploy troops.
“They really helped,” Trump said.
The suit comes two days after he announced the extraordinary deployment in response to protests over immigration raids in the Los Angeles area that have turned violent at times. It marked the first time in about 60 years that an American president has made such a decision without a governor’s consent.
During a news conference Monday, Bonta said the Trump administration “jumped from 0 to 60, bypassing law enforcement expertise and evaluation.”
“They threw caution to the wind and sidelined strategy in an unnecessary and inflammatory escalation that only further spread unrest,” he added.
Trump has argued that federal intervention is necessary because Democratic leaders in California are not acting urgently enough to quell the protests. Newsom, who has previously clashed with Trump, has argued that the state can handle the protests on its own and echoed Bonta in contending that the deployment is only inflaming the situation.
Newsom, a potential 2028 presidential candidate, previewed the lawsuit Sunday during an MSNBC interview.
Trump is “putting fuel on this fire, ever since he announced he was taking over the National Guard — an illegal act, an immoral act, an unconstitutional act,” Newsom said, adding that his state would “test that theory with a lawsuit tomorrow.”
In ordering the deployment, Trump cited a section of federal law that says the president can call up members of a state’s National Guard if there is a foreign invasion, if there is a rebellion against the government or if the president is “unable with the regular forces” to carry out laws.
Bonta on Monday expressed confidence in the lawsuit, saying he did not think the issue would be a “very close” call for the courts. But he also acknowledged that Trump was relying on a statute that has not faced much judicial scrutiny before.
“It’s been rarely used, for good reason, because the conditions set forth that trigger its use are rare and infrequent — and do not exist here,” Bonta said.
Carl Tobias, a law professor at the University of Richmond, said the rare use of the law highlights the prevalence of federalism in the U.S. government.
“Congress recognized … that the governors of the 50 states could be trusted to activate the [National Guard] in their states when necessary to protect persons and property, and that most presidents had the good sense to defer to the judgment of Congress in trusting the governors,” Tobias wrote in an email, “and most governors exercised good judgment in employing the discretion accorded them to make the best decisions for their states.”
Newsom has formally asked the Trump administration to rescind the deployment. He did so in a letter Sunday to Defense Secretary Pete Hegseth that began to lay out legal arguments for how the deployment was hurting the state.
“There is currently no need for the National Guard to be deployed in Los Angeles, and to do so in this unlawful manner and for such a lengthy period is a serious breach of state sovereignty that seems intentionally designed to inflame the situation, while simultaneously depriving the State from deploying these personnel and resources where they are truly required,” Newsom told Hegseth.
Bonta said Monday that Newsom’s request to Hegseth “was ignored.”
The Pentagon chief has shown no signs of backing down and has threatened the deployment of more troops to Los Angeles. U.S. Northern Command said Sunday that “approximately 500 Marines” stationed in Southern California are ready to deploy to L.A. if needed.
All of Newsom’s fellow Democratic governors came to his defense in a joint statement Sunday, calling the deployment “an alarming abuse of power.”
“Governors are the Commanders in Chief of their National Guard and the federal government activating them in their own borders without consulting or working with a state’s governor is ineffective and dangerous,” the governors said. (The Washington Post)