President Trump’s militarization of Los Angeles is illegal. Here’s why.

LOS ANGELES – Governor Newsom and Attorney General Bonta are standing up all states by filing a lawsuit and request to block President Trump and the Department of Defense’s illegal militarization of Los Angeles and the takeover of a California National Guard (Cal Guard) unit.  The lawsuit and motion for an emergency temporary restraining order are crucial steps in holding President Trump accountable for his unwarranted and illegal overstep and for putting our democracy and our safety at risk. 

Here’s why the federal takeover of the Cal Guard unit must be stopped:

🚨The President’s takeover was not just about California — this action puts EVERY state at risk.

While the President’s rhetoric is aimed at California, his order applies to every state in the country. On June 7, one day after the protests began, President Trump issued a memorandum purporting to authorize the Department of Defense to call up 2,000 National Guard personnel into federal service for a period of 60 days, and declaring a “form of rebellion against the authority of the Government of the United States” and directing the Secretary of Defense to coordinate with state governors and the National Guard to commandeer state militias. 

This order was not specific to California and suggests that the President could assume control of any state militia. 

🚨The law the President cited to take over a state guard requires the Governor’s approval.

The U.S. Constitution and the Title 10 authority the President invoked require that the Governor consent to federalization of the National Guard, which Governor Newsom was not given the opportunity to do prior to their deployment and which he confirmed he had not given shortly after their deployment. The President’s unlawful order infringes on Governor Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power.

🚨There’s no insurrection, no matter how many times Trump says the word out loud. 

The situation in Los Angeles didn’t meet the criteria for federalization, which includes invasion by a foreign country, rebellion against the authority of the Government of the United States, and being unable to execute federal laws. That is not the case in the Los Angeles area, where local and state law enforcement have remained vigilant and in control and able to subdue unlawful activity. 

🚨Local law enforcement had it handled, and the federal government wasn’t equipped to step in. 

By the time the National Guard arrived on Sunday morning, the protests had dissipated thanks to local law enforcement, and the streets were quiet. The President’s Actions and the military presence actually inflamed the very protest and violence it was supposedly meant to suppress. The introduction of a military presence on city streets has only led to larger crowds and more problems for law enforcement to solve.

🚨Cal Guard has other things to do …like emergency response and drug interdiction.

The federalization of the California National Guard deprives California of resources to protect itself and its citizens, including those working on drug interdiction at the border, and of critical responders in the event of a state of emergency — such as the January 2025 firestorm in Los Angeles, which Cal Guard responded to.   

🚨You can’t threaten to arrest a Governor, just because you don’t agree with them.

We live in a democracy — and the President’s actions and subsequent threats put it at risk. As Governor Newsom said, President Trump’s actions here are “an unmistakable step towards authoritarianism.”

Watch the Governor speak about the lawsuit here.