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President Donald Trump’s decision to activate the National Guard to quell protests and riots in California over the weekend has been challenged by state Democrat Gavin Newsom, who called the move illegal and vowed to suing the president.
In his declaration, Trump said mobilizing National Guard troops is necessary to protect immigration and customs enforcement (ICE) officers.
Brad Moss, a national security lawyer, told Fox News Digital that The Law Trump relied on the deployment of the National Guard, which was discovered under Title 10.
“The president invoked 10 USC 12406, which gave him the authority to federate the National Guard in response to the state of rebellion within the United States,” Moss said.
National Guard deploys in Los Angeles as violent anti-ice riots shake up cities
On Sunday, June 8th, 2025, the National Guard was deployed in downtown Los Angeles, with immigration raids on the night before. (AP Photo/Eric Sayer)
The National Guard is a state-based military force, under the double control of the governor and president. Governors usually have authority over their respective National Guard units, but the president can call them to federal services in certain circumstances.
Moss said Trump left the National Guard declaration as “a thoroughly ambiguous and incomprehensible.”
Trump said he moved 2,000 National Guard soldiers under his range and delegated the remaining logistics to Secretary of Defense Pete Hegses.
From there, the Northern United States Command issued a statement saying that 300 soldiers from the California Army National Guard will be deployed in parts of Los Angeles County to “support the protection of federal personnel and federal property.”
The president has previously looked at the National Guard to strengthen its federal personnel and property, but Trump’s move was unusual as he lacked support from the governor.
Rally in the heart of the Trump Newsom National Guard in Los Angeles comitatus law
Governor Gavin Newsom and President Donald Trump (pool photo)
Moss said the president can “technically” tap the National Guard without the governor’s consent, but there are restrictions on what the National Guard can use. “It is unclear how the court will resolve the legal challenges here,” he said.
All Democrat governors oppose Trump’s move, calling it “vigilant power abuse” in their joint statement.
Newsom took a step further and denounced Trump for making the riot worse. The Democratic governor said local police and state police have conditions under control but it got worse because Trump called for the military.
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“He burned the fire and acted illegally to federate the National Guard. The orders he signed don’t only apply to the CA.
Over the weekend, Los Angeles police reported cases of illegal gatherings outside the Immigration Detention Center and cases of protesters throwing concrete bottles and other objects. The mob then set fire to destroy it, destroying several self-driving cars, and the video showed the shop being looted.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story tips to Ashley.oliver@fox.com.
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