California will ask a judge to reverse President Donald Trump’s deployment of the National Guard to Los Angeles, arguing that the use of the military to suppress immigration protests is an illegal and unconstitutional intrusion on state authority.
The state’s attorney general, Rob Bonta, a Democrat, unveiled on Monday the basis for the lawsuit, which he said would be filed imminently. The state will ask a federal judge to “set aside” Trump’s Saturday move to “federalize” California’s National Guard troops, part of an order to defend federal property and personnel carrying out Trump’s deportation policies.
Gov. Gavin Newsom told POLITICO on Monday that federal law requires Trump to coordinate his call-up of the National Guard with the state.
“There was no communication through our office, period, full stop. So, by definition, it's an illegal act,” Newsom, a Democrat, said, adding that the president failed to meet other key prerequisites for the deployment.
Bonta alleged that Trump’s action violated federal law and the 10th Amendment, the Constitution’s provision that protects state sovereignty and rights. At a press conference Monday, the state attorney general said Trump’s order “skipped over multiple rational, commonsense” steps and wound up escalating the unrest while trampling on California’s sovereignty.
Trump invoked a provision of federal law that gives the president the ability to deploy National Guard troops in limited circumstances, including to suppress “a rebellion or danger of a rebellion” and to help “execute” federal laws when “regular forces” are unable to do so.
Bonta argued that the provision requires Newsom’s concurrence. “The governor’s agreement and consent needs to be part of any calling in of the National Guard. That didn’t happen,” the attorney general said.
The statute says that a president’s order to deploy the Guard under the provision “shall be issued through the governors of the States.” It does not expressly mandate consultation with or approval by the governor.
Newsom contends that the provision requires at least some communication with the governor’s office. Trump indicated over the weekend that he warned Newsom prior to Saturday that he intended to send in troops if he deemed Newsom’s response to the protests insufficient.
Trump has repeatedly described the L.A. protests as stoked by “insurrectionists” and has vowed to “liberate” the city.
Bonta and Newsom say the streets had been largely calm when Trump’s deployment and inflammatory rhetoric reignited the protests.
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