The Justice Department criticized a judge’s effort to restrict the deployment of President Trump’s National Guard in California, labeling it as a “class of political stunts that put America’s lives at risk,” according to a recent court filing.
US District Judge Charles Breyer declined to take immediate action and scheduled a hearing for Thursday regarding Governor Gavin Newsom’s emergency request.
The latest filing highlights the Trump administration’s opposition ahead of this significant hearing, disputing Newsom’s assertion that federal law requires his approval before the president can call in the National Guard.
Historical context was provided, mentioning that when President Eisenhower sent troops to enforce school desegregation, and during Nixon’s deployment of troops amid a postal strike, the courts refrained from intervening.
Over the weekend, as protests against immigration in Los Angeles escalated, with some turning violent, Trump authorized over 2,000 National Guard members to be deployed. Newsom, who did not request this assistance, accused the administration of exacerbating the situation.
The legal framework cited indicates that the president can mobilize the National Guard during unrest against federal authority. “These orders must be issued through the state’s governor,” the law states.
In a lawsuit filed on Monday, Newsom and California Attorney General Rob Bonta contended that the governor’s consent is necessary. However, the Justice Department’s new submission challenges this notion.
“The Act does not impose such a requirement. It simply states, as a procedural matter, that the President’s orders must communicate ‘through the governor,'” the Justice Department explained.
At this juncture, Newsom is not trying to stop Trump’s deployment entirely but is requesting that the judges limit the National Guard’s ability to take actions beyond protecting federal property.
“The plaintiffs’ proposed orders clarify the true purpose of their allegations,” the Justice Department outlined in its summary.
“This isn’t about returning control to California citizens or validating the (misguided) rights they assert, but rather about preventing the federal government from safeguarding federal officers conducting law enforcement operations in Los Angeles.”
Breyer, appointed by former President Clinton and based in San Francisco, is set to address the motion following the scheduled hearing at 1:30 PM on Thursday.
