Lawsuit Accuses Trump of Power Grab as Trump Authorizes More Troops
California Gov. Gavin Newsom and Attorney General Rob Bonta filed a federal lawsuit Monday against the Trump administration, accusing it of unlawfully federalizing a California National Guard unit and escalating unrest in Los Angeles without the state’s consent. Governor Newsom said on social media, “This isn’t about public safety. It’s about stroking a dangerous President’s ego.”
The announcement of the lawsuit comes on the same day that the Defense Department announced that a battalion of 700 Marines from Twenty-Nine Palms was being mobilized and would be sent to Los Angeles in addition to the 2000 National Guard soldiers who were sent on Saturday. Later on Monday, Trump authorized another 2000 National Guard members to deploy to LA, which would bring the total to over 4000.
Governor Newsom posted photos of the first group of National Guard members sleeping on a floor and notes, “You sent your troops here without fuel, food, water, or a place to sleep. Here they are — being forced to sleep on the floor, piled on top of one another. If anyone is treating our troops disrespectfully, it is you, Donald Trump.
The lawsuit, which names President Donald Trump, Defense Secretary Pete Hegseth, and the U.S. Department of Defense, argues that the takeover violates both the U.S. Constitution and federal law by bypassing the Governor’s authority and lacking legal justification. Under the California Constitution, the Governor serves as Commander-in-Chief of the state’s National Guard, and federalization requires gubernatorial consent, which, the suit contends, was neither sought nor granted.
Governor Newsom said, “Donald Trump is creating fear and terror by failing to adhere to the U.S. Constitution and overstepping his authority. This is a manufactured crisis to allow him to take over a state militia, damaging the very foundation of our republic. Every governor, red or blue, should reject this outrageous overreach.”
The legal challenge follows President Trump’s June 7 order directing the Department of Defense to assume control of up to 2,000 National Guard personnel across the country, citing what he described as “rebellion” in response to protests in Los Angeles. The lawsuit asserts that this justification does not meet the legal threshold for federal intervention under Title 10 of the U.S. Code, which permits activation only under conditions such as invasion, insurrection, or an inability to enforce federal law.
Tensions rose after federal immigration enforcement operations were launched in Los Angeles on June 6 without notifying local law enforcement agencies. The coordinated ICE raids resulted in 44 arrests, including at least two minors. Only five individuals reportedly had prior criminal records.
In response, protests emerged citywide, largely peaceful but with isolated incidents leading to arrests by local police. According to the lawsuit, state and municipal law enforcement maintained control throughout the weekend and never requested federal military assistance.
By the time Guard members arrived on June 8, protests had largely subsided, the lawsuit notes, and the federal presence only served to reignite unrest. National Guard troops have been stationed at the Metropolitan Detention Center since their arrival.
The complaint asserts that the federal government’s actions violate 10 U.S.C. § 12406, which requires gubernatorial consent before a state’s National Guard can be federalized, except under extreme circumstances. The provision has only been used once in modern history, during the 1970 U.S. Postal Strike, and the current situation, the state argues, falls well short of the required criteria.
In addition to lacking a legal basis, the suit argues that federalizing CalGuard without consent has deprived the state of a critical emergency resource. National Guard units play a vital role in responding to natural disasters and crises, including the January 2025 firestorm in Los Angeles, where CalGuard provided aid.
AG Rob Bonta said, “Let me be clear: There is no invasion. There is no rebellion. The President is trying to manufacture chaos and crisis on the ground for his own political ends. Federalizing the California National Guard is an abuse of the President’s authority under the law– and not one we take lightly.”
The legal action marks the first such lawsuit since President Lyndon B. Johnson deployed federal troops to enforce civil rights protections in 1965 without a state’s request. California’s suit also comes amid increased political tension after Trump called for the arrest of Newsom and Los Angeles Mayor Karen Bass, accusing them of “interfering with immigration enforcement.”
The lawsuit asks the court to immediately block the federal government from continuing its control of California’s National Guard unit and to affirm the legal limits on presidential authority over state militias.
As protests continue and the political fallout intensifies, the outcome of the legal challenge may set a new precedent in the ongoing debate over state and federal power.
