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The Department of Justice (DOJ) argues that the court should reject a request for a restraining order to the Trump administration over the decision to activate National Guard soldiers in Los Angeles after violent riots broke out over the weekend amidst the city’s immigration and customs enforcement (ICE) attacks.
California Democratic leaders argue that President Donald Trump abused his authority by calling Title 10 provisions that allow the president to mobilize the National Guard in the event of an aggression or rebellion.
Democrat California Gov. Gavin Newsom said in a statement Monday that Trump unnecessarily deployed troops to protect ice personnel and federal buildings, causing much of the riots. Newsom also claimed that local police and state police were in control of the situation when Trump issued a National Guard declaration to encourage confusion.
Considering the issue one day before the scheduled hearing, the DOJ argued that Trump had the authority to call on the National Guard to respond.
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National Guard soldiers are holding shields as demonstrators protest outside the downtown Los Angeles prison after two days of clashes with police during anti-ice protests. (Spencer Platt/Getty Images)
“In a terrible political stunt that puts America’s lives at risk, the California governor is using this court to ensure that the US president exercises legal statutory and constitutional powers to ensure federal personnel and facilities are protected,” the DOJ said. “But under the constitution, the President is the commander of the Chief of the Army, and the President is responsible for ensuring the protection of federal officials and federal facilities.”
Since Friday, violent mobs opposed ICE immigration law enforcement have targeted and damaged federal buildings, injured federal officials, and hampered the federal government’s functioning, DOJ said.
The Los Angeles Police Department (LAPD) and other state and local law enforcement officials were unable to bring orders to Los Angeles, the DOJ alleged.
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President Donald Trump deployed the National Guard in Los Angeles over the weekend as rioters continued to damage federal buildings while injuring federal officials during ice attacks around the city. (Andrew Harnik/Getty Images)
The agency also pointed to comments by LAPD chief Jim McDonnell. He said at a press conference that “thing has become out of control,” and warned that “someone could be killed easily.”
“Recognizing the fears and threats over federal law enforcement that local and state authorities do not want to control or control, the President responded by federalizing and deploying the federal national security forces, protecting federal officials and property, stolen MOBs and restoring order, using the authorities given to him by the statute and the constitution,” the DOJ wrote. “When the situation escalated further, the Secretary of Defense deployed a group of US Marines to further support.
“The President has all rights under the Constitution and will call on the National Guard and Marines to quell unlawful violence directed at enforcement of the law,” the DOJ continued. “However, instead of working to bring the order to Los Angeles, California, the governor filed a lawsuit in San Francisco and sought a court order that would limit the federal government’s ability to protect its property and officials.”
Newsom files a move to stop an emergency motion to use the military to “block” the army.
California Governor Gavin Newsom speaks as state Attorney General Rob Bonta sees in Celes, California (Justin Sullivan/Getty Images)
The DOJ said California’s demands would “oppose” the president’s military orders.
“The plaintiff’s claims about merit are unfounded,” the DOJ said.
Newsom also argued that Trump had not consulted with him before revitalizing the National Guard, but the law lacked such requirements, the DOJ said.
“It simply directs the president’s order to be communicated through the ‘governor’ as a procedural matter, the DOJ wrote. “they were.”
Historically, the courts did not interfere when former President Dwight Eisenhower deployed the troops to protect school separation. They also did not interfere when former President Richard Nixon deployed the troops to deliver mail at the post office.
Ultimately, the DOJ recommended that the court deny any claims of temporary restraining or interim injunctions in California and Newsom.
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A Newsom’s Office spokesman told Fox News Digital, “This is wrong, and the federal administration knows it well.”
“President Trump continues to violate the US Constitution and federal law by turning his troops into his own personal police against American citizens, as he accused Californians and Americans yesterday.
“President Trump and members of the Trump administration have repeatedly publicly declared that the National Guard acquisition is illegal and requires approval from the governor.”
Ashley Oliver of Fox News contributed to this report.
Greg Wehner is a news reporter for Fox News Digital.
Story tips and ideas can be sent to greg.wehner @fox.com and Twitter @gregwehner.
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