In the wake of President Donald Trump’s call to arrest California Gov. Gavin Newsom, the state has filed a lawsuit challenging the administration’s allegedly unlawful takeover of a CalGuard unit.
The lawsuit, filed Monday, names defendants including Trump, former FOX News co-host and U.S. Secretary of Defense Pete Hegseth, and the federal Department of Defense.
In court documents, California Attorney General Rob Bonta claims that the president’s “takeover” of a California National Guard unit violates provisions of the U.S. Constitution and exceeds Trump’s Title 10 authority.
“Donald Trump is creating fear and terror by failing to adhere to the U.S. Constitution and overstepping his authority. This is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic,” Newsom said in a statement. “Every governor, red or blue, should reject this outrageous overreach. This is beyond incompetence — this is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. It is an unmistakable step toward authoritarianism. We will not let this stand.”
Attorney General Rob Bonta stressed that, aside from being unlawful, President Trump’s seizure of the Guard is counterproductive, doing little to quell immigration-related unrest in the Los Angeles area.
“President Trump’s order calling federalized National Guard troops into Los Angeles – over the objections of the Governor and local law enforcement – is unnecessary and counterproductive. It’s also deeply unfair to the members of the National Guard who are hard at work every day protecting our state, preparing for and responding to emergencies, and training so that, if called, they can fight our nation’s wars,” Bonta said in a statement. “Let me be clear: There is no invasion. There is no rebellion. The President is trying to manufacture chaos and crisis on the ground for his own political ends. Federalizing the California National Guard is an abuse of the President’s authority under the law– and not one we take lightly. We’re asking a court to put a stop to the unlawful, unprecedented order.”
The lawsuit notes that, under California’s constitution, the governor is the commander-in-chief of the state’s National Guard units. Though Trump, as president, has authority to seize control of the CalGuard, certain conditions must be met. In general, the president must be able to establish that a rebellion is occurring and beyond the capacity of the state to suppress.
Trump’s decision to activate the California National Guard over Newsom’s objections is the first time in 60 years that a sitting president has deployed Guardsmen over a governor’s explicit objections.
Sources
California Lawsuit Challenges Trump’s Order Sending National Guard to L.A.
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