California sues Trump administration for deploying National Guard to Los Angeles: “Unprecedented power grab”

California sued the Trump administration on Monday after the state’s National Guard was deployed to respond to protesters in Los Angeles, calling the move an “unprecedented power grab.”

In the lawsuit filed in federal court, attorneys for the state said President Trump “unlawfully bypassed” California Gov. Gavin Newsom by putting National Guard troops under federal control without the governor’s permission.

The troops were deployed to protect federal property and personnel under a law that lets the president call the National Guard into federal service during a “rebellion.” But California’s lawsuit argues this law does not apply to the tense protests that Los Angeles has faced over Immigration and Customs Enforcement operations.

“At no point in the past three days has there been a rebellion or an insurrection. Nor have these protests risen to the level of protests or riots that Los Angeles and other major cities have seen at points in the past, including in recent years,” the lawsuit reads.

The lawsuit also states that the law cited by the Trump administration — Section 12406 — explicitly requires orders to call up the National Guard to go through governors, who normally control their own National Guard forces.

The suit argues the use of National Guard forces has stoked “fear and terror” and “heightened tensions with protesters and residents.” It also states that local police have handled any violence at the protests effectively.

“One of the cornerstones of our Nation and our democracy is that our people are governed by civil, not military, rule,” the suit reads. “The Founders enshrined these principles in our Constitution — that a government should be accountable to its people, guided by the rule of law, and one of civil authority, not military rule.”

Separately, the Trump administration has activated 700 active-duty Marines to assist the National Guard.

“Donald Trump is putting fuel on this fire. Commandeering a state’s National Guard without consulting the Governor of that state is illegal and immoral,” Newsom wrote Sunday on X. “California will be taking him to court.”

Mr. Trump and Newsom have engaged in an escalating war of words that on Monday included Mr. Trump voicing support for arresting Newsom.

“I would do it if I was Tom,” Mr. Trump said, referring to his “border czar” Tom Homan, the White House executive associate director of enforcement and removal operations. “I think it’s great. Gavin likes publicity. But I think it would be a great thing.”

Homan later told CBS News’ John Dickerson that “there’s no intention to arrest” Newsom.

California Attorney General Rob Bonta said Monday that the federalization of the California National Guard deprives the state of resources needed to protect citizens, particularly in the event of an emergency — an argument also raised in Monday’s lawsuit. In an interview Monday with CBS News’ Major Garrett on “The Takeout,” Bonta said the basis of the state’s lawsuit is that Mr. Trump essentially doesn’t have the authority to send in the troops.

“The authority that the president cites to only allow for the deployment of the National Guard by the president when there’s an invasion by a foreign nation, which there’s not, when there’s a rebellion to overturn leadership of the United States of America, which there’s not, or when the regular forces of the federal government cannot execute the law, which is also not present,” Bonta said.

When asked about what he would say regarding the argument that the lawsuit is impacting the president’s ability to protect public safety, the attorney general said on “The Takeout” that California has very large and well-resourced law enforcement agencies and departments that are capable of handling the situation in Los Angeles, adding that most of the protesting has been peaceful except some instances of violence.

“If the National Guard is ever needed, the governor can call them in,” Bonta told Garrett. “But the president calling in the Marines, the president calling in the National Guard, it only stokes the flames, increases tension, creates unneeded provocation.”

National Guard troops were sent to downtown Los Angeles on Sunday amid a weekend marked by protests and at times violent clashes between law enforcement and protesters. The unrest began following large-scale immigration enforcement operations in the area on Friday.

Images captured by CBS Los Angeles showed members of the National Guard using what appeared to be tear gas and rounds of non-lethal ammunition after a crowd gathered near the Metropolitan Detention Center. 

As of midday Monday, 53 people have been arrested, officials said. The LAPD said it had arrested 31 people on a range of charges, including failure to disperse, objects and fireworks thrown at officers, looting and arson. California Highway Patrol had arrested 17 people and the Los Angeles County Sheriff’s Department made five arrests, the agencies told CBS News.

Mr. Trump announced Saturday night that he would deploy the Guard in response to the protests. In a social media post on Sunday, he criticized Newsom and Los Angeles Mayor Karen Bass. Mr. Trump called the protesters “troublemakers and insurrectionists.”

Newsom, in his own social media posts, accused Mr. Trump of “escalating the situation,” and called the National Guard deployment “purposefully inflammatory.”

He requested that the federal government rescind the deployment of troops to L.A. in a letter addressed to Defense Secretary Pete Hegseth, saying there was “no need” for the National Guard.

Newsom’s office confirmed on Saturday that he spoke with Mr. Trump for about 40 minutes, although it’s unclear if they spoke before or after Mr. Trump announced the deployment. 

In a statement to CBS News, an Immigration and Customs Enforcement spokesperson said immigration enforcement operations have resulted in the arrest of a “domestic abuser” and a “child rapist.”