Attorney General Bonta Asks Court to Restart Proceedings, Block Federalization and Deployment of California National Guard

OAKLAND - California Attorney General Rob Bonta and Governor Gavin Newsom today asked the U.S. District Court for the Northern District of California to restart proceedings and block the ongoing, unnecessary, and baseless federalization and deployment of the California National Guard in Los Angeles. On September 9, citing concerns regarding its jurisdiction, the District Court stayed proceedings related to California's motion for a preliminary injunction to block the Trump Administration's August order federalizing California National Guard troops through Election Day. On October 29, the U.S. Court of Appeals for the Ninth Circuit ruled that the District Court has jurisdiction. Attorney General Bonta and Governor Newsom today respectfully ask the District Court to restart proceedings and issue a preliminary injunction blocking any continued deployment of California National Guard troops in the Los Angeles area and return these troops to the Governor's command.

"The Trump Administration believes it can keep California's National Guard federalized and deployed wherever, forever, and for any purpose - no further justification necessary," said Attorney General Bonta. "That is just not true, and we're asking the court to issue a ruling that says as much without delay. The Ninth Circuit's recent order made clear that this remains a live issue, and we are confident that when we make our case, we will prevail."

"President Trump turned the National Guard against the communities they swore to serve. This is unlawful and immoral," said Governor Newsom."Under state direction, California National Guard members have always been deployed in support of our communities - acting as surge medical staff in crises, helping with wildfire management, supporting fentanyl interdiction, and now, as the President withholds food stamps from hungry families, the Guard is distributing food to those in need. The National Guard deserves better than being treated like Trump's toy soldiers - and when they're returned to California command, we'll get them back to doing the real work they signed up to do."

Since the District Court stayed consideration of California's motion, the Trump Administration's unlawful orders have multiplied and expanded further. In the past month, the Trump Administration has federalized and deployed National Guard troops to two additional states - Oregon and Illinois - and deployed 214 federalized California National Guardmembers from Los Angeles to Oregon, then shuffled 14 of those same troops to Illinois.

In the motion, Attorney General Bonta and Governor Newsom argue that 10 U.S.C. § 12406 does not authorize the sort of broad-ranging, never-ending federalization and military occupation of American cities that the Trump Administration is perpetrating. They assert that there was no colorable basis to again federalize the California National Guard in Los Angeles on August 5, and there remains no basis for keeping them federalized and deployed in California now.

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians' constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration's unlawful orders to federalize the California National Guard and utilize National Guard troops for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.

In August, the Attorney General's Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court's order is temporarily paused while the Ninth Circuit considers the federal government's motion for a stay.

Earlier this month, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration's deployment of federalized California National Guard troops to Portland, Oregon. He also submitted new filings to the Ninth Circuit highlighting significant changes to the facts on the ground since June that undermine the Trump Administration's arguments for staying the Northern California District Court's orders, including its deployment of federalized California National Guard troops to Portland, and later, to Chicago.

Attorney General Bonta has previously supported Illinois Attorney General Kwame Raoul's, Oregon Attorney General Dan Rayfield's and D.C. Attorney General Brian Schwalb's lawsuits challenging the Trump Administration's unlawful deployment of National Guard troops to their cities. Last week, Attorney General Bonta filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois opposing the Trump Administration's nearly limitless conception of presidential authority to federalize the National Guard and the activities those troops can engage in.

A copy of today's motion can be found here.