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The Justice Department on Wednesday doubled the allegations that President Donald Trump has the authority to call California’s U.S. Guard troops, explaining the emergency lawsuit of Democrat Gavin Newsom, blocking his actions as a “bad political stunt” taking the risk of “risking America’s lives.”
The question of the incident is whether Trump, as Commander-in-Chief, has the authority to federate the National Guard against the state’s express wishes or consent. The two sides are scheduled to appear in court on Friday, but the judge will weigh California’s injunctive relief requests.
In a new court filing, administration lawyers said Trump, as president, is not obligated to consult with Newsom or notify him before federalizing the National Guard.
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Gov. Gavin Newsom speaks as California Attorney General Rob Bonta has been paying attention to at a press conference. (Justin Sullivan/Getty Images)
“The extraordinary relief plaintiff’s request would violate the commander of the Chief’s military command on judicial terms, and would do so with a temporary restraining order,” a Trump administration lawyer said in a filing.
“That’s unprecedented. It’s constitutional disgust,” they added. “And that’s dangerous.”
That argument rarely sits well with Newsom.
And after California Attorney General Rob Bonta sued the Trump administration on Tuesday over what the state described as president’s illegal act in federalizing the National Guard, they noted that they were done without Newsom’s consent.
In the lawsuit, Bonta argued that Trump’s actions were inappropriate and illegal. National Guard units fall under dual control of state and federal governments, and measures to mobilize units are usually passed through their respective governors first.
The judge overseeing the lawsuit rejected the state’s request for a temporary restraining order that would interfere with Trump’s actions, but the parties ordered the court on Friday.
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The issue is 10 USC §12406, or the law that Trump called in his memo last weekend to summon the National Guard.
The law allows the president to deploy the National Guard and other troops at the federal level in the event of a “rebellion or rebellion risk” against the US government.
In that case, the law says that the president can “call the National Guard and National Guard units of any nation to think it is necessary to repel aggression, suppress insurgency, and enforce those laws.”
However, Newsom’s lawyers told the court that Trump lacked the power to federalize the military under Section 12406, as immigrant protests did not amount to a rebellion in their view.
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Donald Trump and Gavin Newsom (AP Newsroom)
“There have been no uprisings or rebellions in the last three days. These protests have not risen to the level of protests or riots that Los Angeles and other major cities have seen at places close to the past,” they told the court.
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A day ago, a group of 26 Republican state attorney generals submitted Amicas briefs siding to Trump, and his decision to federate the National Guard to the federal government dealing with ice riots, and the protests that broke out in parts of the state were “the right response.”
“In California, we see the consequences of leadership that excuses lawlessness and undermine law enforcement,” the Attorney General wrote in a statement. “The federal government must do when local and state officials do not act.”
Ashley Oliver of Fox News Digital contributed to this report.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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