Trump’s Authority Over National Guard Questioned in Lawsuit

The Justice Department on Wednesday intensified its challenges to California Governor Gavin Newsom’s emergency lawsuit aimed at blocking President Donald Trump’s actions regarding the state’s National Guard troops. The case has been termed a “bad political stunt” by the administration, suggesting it jeopardizes “America’s lives.”

The core issue revolves around whether Trump, in his role as Commander-in-Chief, can federate the National Guard without the state’s permission. A court appearance is set for Friday where the judge will consider California’s request for injunctive relief.

In a recent court document, administration lawyers contended that Trump is not required to consult with Newsom or inform him before taking federal control of the National Guard.

A Trump administration lawyer highlighted that the relief sought by the plaintiff could undermine the Commander-in-Chief’s military authority, suggesting it sets a dangerous precedent.

Newsom has not been pleased with this argument, especially after California Attorney General Rob Bonta filed a lawsuit on Tuesday, claiming that Trump’s actions lacked legal basis since they occurred without the governor’s consent.

Bonta characterized Trump’s actions as both inappropriate and illegal, noting that the National Guard is traditionally under dual control of state and federal authorities and that any mobilization should generally involve the governors.

Although the judge declined the state’s request for a temporary restraining order to block Trump’s orders, both parties are expected to address the court on Friday.

The larger discussion centers on 10 USC §12406, the law that Trump referred to in justifying the National Guard’s deployment. This statute permits the president to utilize the National Guard for federal duties in cases of “rebellion or rebellion risk” against the government.

However, Newsom’s legal team asserted that the current immigrant protests do not constitute a rebellion, suggesting that Trump’s reliance on this statute is misplaced.

On the previous day, a group of 26 Republican state attorneys general filed briefs in support of Trump, arguing that his federalization of the National Guard in response to unrest was justified.

In statements, these attorneys general criticized California’s leadership for allegedly tolerating lawlessness and undermining law enforcement, asserting that the federal government must step in where local and state officials fail to act.