DOJ defends Trump’s power to deploy National Guard amid California legal battle
The Department of Justice (DOJ) is pushing back against California’s request for a restraining order over the Trump administration’s decision to activate National Guard soldiers in Los Angeles following violent riots that erupted over the weekend during Immigration and Customs Enforcement (ICE) raids in the city. Democratic leaders in California have accused President Trump of overstepping his authority by mobilizing the National Guard under Title 10, which allows the president to deploy troops in response to an invasion or rebellion.
California Governor Gavin Newsom, a Democrat, has criticized Trump for deploying the military to protect ICE personnel and federal buildings, claiming that local and state police had the situation under control before Trump’s intervention sparked chaos. However, the DOJ argues that Trump acted within his legal and constitutional rights by calling on the National Guard to respond to the escalating violence in Los Angeles.
The DOJ condemned Newsom’s lawsuit as a “crass political stunt” that endangers American lives, emphasizing that the president has the authority to ensure the protection of federal personnel and facilities. The agency cited instances of violent rioters targeting federal buildings, injuring federal officials, and disrupting federal functions since Friday, with local law enforcement struggling to restore order.
In response to the escalating unrest, the DOJ highlighted LAPD Chief Jim McDonnell’s warning that the situation in Los Angeles had “gotten out of control” and posed a serious risk of fatalities. The agency defended Trump’s decision to federalize and deploy the California National Guard, as well as deploying U.S. Marines to assist in restoring order and protecting federal property.
The DOJ dismissed Newsom’s claim that Trump failed to consult with him before activating the National Guard, clarifying that the statute does not require such consultation. The agency also pointed out that courts historically did not interfere when past presidents, such as Dwight Eisenhower and Richard Nixon, deployed the military for various purposes, including school desegregation and mail delivery during a postal strike.
In conclusion, the DOJ recommended that the court reject California and Newsom’s motion for a temporary restraining order or preliminary injunction. Newsom’s office has not responded to requests for comment on the matter. Fox News Digital’s Ashley Oliver contributed to this report, and breaking news reporter Greg Wehner can be contacted for story tips and ideas at Greg.Wehner@Fox.com or on Twitter @GregWehner.
