Trump and Newsom Clash Over National Guard Deployment

The legal confrontation between President Donald Trump and California Governor Gavin Newsom regarding the deployment of the National Guard in California is set to escalate as it heads to trial. This three-day trial, commencing on Monday, will scrutinize the legality of Trump’s decision to deploy approximately 4,000 National Guard soldiers to Los Angeles in June. The deployment was intended to assist with protests and riots against Immigration and Customs Enforcement (ICE) operations.

Federal Authority vs. State Rights

Government attorneys argue that Trump had the legal authority to federalize the National Guard under §12406(3), which allows such action when regular forces are insufficient to enforce U.S. laws. However, Judge Charles Breyer, presiding over the case, previously issued a temporary restraining order favoring Newsom. Breyer contended that Trump’s mobilization infringed on California’s authority, as the conditions for federalizing the Guard—such as a rebellion—were not met.

Appellate Court’s Reversal

The U.S. Court of Appeals for the Ninth Circuit reversed Breyer’s decision, emphasizing limited judicial review over presidential actions under longstanding precedent. The appellate court’s panel found that Trump’s actions likely fell within his statutory authority, pausing Breyer’s order indefinitely. Despite this, the trial will proceed to examine unresolved legal questions surrounding Trump’s actions.

Implications of the Posse Comitatus Act

Central to the trial is the 150-year-old Posse Comitatus Act, which restricts military involvement in civil matters. Newsom argues that Trump’s deployment violated this law, asserting that military personnel were unlawfully engaged in law enforcement activities. The trial will feature testimonies from military officials regarding their directives during the deployment.

Impact on California and Beyond

Newsom claims that militarizing California exacerbated unrest in Los Angeles, with arrests significantly increasing following the National Guard’s arrival. While some National Guard members remain active in California, the trial’s outcome could influence future federal-state conflicts over military deployments.