Gov. Newsom Suing President Trump and Department of Defense for Illegal Takeover of CalGuard Unit
LOS ANGELES – Following President Trump’s call to arrest Gov. Gavin Newsom, the Governor and Attorney General Rob Bonta June 9 have filed a lawsuit against the Trump administration to end the illegal and unnecessary takeover of a CalGuard unit, which has needlessly escalated chaos and violence in the Los Angeles region.
The lawsuit, which names president Trump, Defense Secretary Pete Hegseth, and the Department of Defense, outlines why the takeover violates the U.S. Constitution and exceeds the President’s Title 10 authority, not only because the takeover occurred without the consent or input of the Governor, as federal law requires, but also because it was unwarranted.
“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. This is beyond incompetence — this is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. It is an unmistakable step toward authoritarianism. We will not let this stand,” said Gov. Newsom.
Under the California Constitution, Gov. Newsom is the Commander-in-Chief of the California National Guard. In the lawsuit, Gov.Newsom and Attorney General Bonta explain that the federal government has overstepped its legal authority and bypassed the Governor’s approval to take over a unit of CalGuard, in a situation where federal government intervention was not needed and did not meet the necessary criteria for federalization.
The unrest in Los Angeles was nowhere close to rising to the level of a “rebellion” beyond the capacity of local and state authorities to control, nor is it different in kind from other similar situations in recent years that were brought under control by local authorities with no need for military intervention. The Department of Defense’s mobilization order also failed to comply with President Trump’s own direction to coordinate with the Governor and the National Guard.
Trump’s illegal takeover
On Friday, June 6, 2025, the federal government, through Immigration and Customs Enforcement, began conducting widespread operations throughout Los Angeles without providing notification to local law enforcement. During the course of these operations, ICE officers took actions that inflamed tensions, including the arrest and detainment of children, and military-style operations that sparked panic in the community. The Department of Homeland Security reported that its enforcement activities on June 6 resulted in the arrest of 44 individuals, two of whom appear to have been minors. Only five of those arrested reportedly had any criminal history.
In response, community members began protesting to express opposition to these violent tactics, the President’s heavy-handed, violent immigration agenda, and the arrest of innocent people, and to express solidarity with and concern for the individuals and families most directly impacted by the enforcement actions taking place in their community. Protests continued for two more days, and although some violent and illegal incidents were reported — leading to justified arrests by state and local authorities — these protests were largely nonviolent and involved citizens exercising their First Amendment right to protest. At no point did these protests necessitate federal intervention, and local and state law enforcement remained in control of the situation. Local law enforcement, despite no communication or advanced notice from the federal government, responded quickly and did not request federal assistance.
No basis for takeover
Soon after protests began, on June 7, President Trump issued a memorandum entitled “Department of Defense Security for the Protection of Department of Homeland Security Functions,” purporting to authorize the Department of Defense to call up 2,000 National Guard personnel into federal service for a period of 60 days, and declaring a “rebellion against the authority of the Government of the United States” and directing the Secretary of Defense to coordinate with state governors and the National Guard to commandeer state militias. This order was not specific to California and suggests that the President could assume control of any state militia.
President Trump then began posting to social media that the protests in California were out of control and that the federal government had taken over the California National Guard — further inflaming fear in the community, inciting fear and violence, and endangering state sovereignty. Notably, by the time the National Guard arrived on Sunday morning, the protests had dissipated thanks to local law enforcement, and the streets were quiet. The President’s Actions and the military presence inflamed the very protest and violence it was supposedly meant to suppress.
President Trump’s unprecedented order attempts to usurp state authority and resources via 10 U.S.C. § 12406, a statute that has been invoked on its own only once before in modern history and for highly unusual circumstances — when President Richard Nixon called upon the National Guard to deliver the mail during the 1970 Postal Service Strike. This is also the first time since 1965 — when President Johnson sent troops to Alabama to protect civil rights demonstrators — that a president has activated a state’s National Guard without a request from the state’s governor.
Ending Trump’s abuse of power
On June 9, Gov. Newsom and Attorney General Bonta stood up for all states’ authority through this lawsuit. The lawsuit asks the court to end the federal government’s gross overstep of authority and require President Trump and Secretary Hegseth to follow the appropriate legal steps to take over any state militia, including an order issued through the Governor.
The lawsuit also explains that:
- The federalization of the California National Guard deprives California of resources to protect itself and its citizens, including those working on drug interdiction at the border, and of critical responders in the event of a state of emergency — such as the January 2025 firestorm in Los Angeles, which CalGuard responded to.
- 10 U.S.C. § 12406 requires that the Governor consent to federalization of the National Guard, which Gov. Newsom was not given the opportunity to do prior to their deployment.
- The President’s unlawful order infringes on Gov. Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power.
- The situation in Los Angeles didn’t meet the criteria for federalization, which includes invasion by a foreign country, rebellion against the authority of the Government of the United States, and being unable to execute federal laws. At no point was this the case in the Los Angeles area, where local and state law enforcement remained in control.
What they WERE saying
Donald Trump: In a Townhall with ABC in 2020, Trump said he couldn’t move the National Guard into Democratic-run cities without the Governor’s approval. See here and here for the full transcript.
- STEPHANOPOULOS: Mr. President, you promised four years ago at the Republican Convention, I’m going to restore law and order.
- TRUMP: And I have, except in Democrat run cities. Look, we have laws. We have to go by the laws. We can’t move in the National Guard. I can call insurrection but there’s no reason to ever do that, even in a Portland case. We can’t call in the National Guard unless we’re requested by a governor. If a governor or a mayor is a Democrat and they — like in Portland, we call them constantly. I just spoke to the governor yesterday because we’re giving them relief on the fires. We’re giving them a — an emergency declaration
Gov. Newsom Statement on Court Ruling Restoring AmeriCorps Funding
SACRAMENTO — Gov. Gavin Newsom issued the following statement June 5 after a federal judge ruled that the Trump administration must restore funding to AmeriCorps in California. This comes after Gov. Newsom, Attorney General Rob Bonta and a coalition of states sued the Trump administration over DOGE efforts to dismantle AmeriCorps – the federal agency vital to supporting volunteer and service efforts in California and across the country.
“Common sense has prevailed over cruelty. The court is rightly siding with volunteers and service workers. Today, we’re doing right by John F. Kennedy and Sargent Shriver and all those who put others before themselves,” said Gov.Gavin Newsom.
In 2024, at least 6,150 California members served at more than 1,200 locations, including schools, food banks, homeless shelters, health clinics, youth centers, veterans’ facilities and other nonprofit and faith-based organizations. When the devastating fires struck Los Angeles earlier this year, AmeriCorps members were on the ground, distributing supplies and supporting families. The agency’s shutdown ends these efforts.
California Service Corps is the largest service force in the nation, consisting of four paid service programs:
Combined, it is a force larger than the Peace Corps and is mobilized at a time when California is addressing post-pandemic academic recovery, rebuilding from the LA fires and planning for the future of the state’s workforce.
In the 2023-24 service year, AmeriCorps members in California:
- Provided 4,397,674 hours of service
- Tutored/mentored 73,833 students
- Supported 17,000 foster youth with education and employment
- Planted 39,288 trees
Members helped 26,000 households impacted by the LA fires and packed 21,000 food boxes.