Trump lawyers double down on California troop deployment, authority, in new filing

On Wednesday, the Ministry of Justice doubled its assertion that President Donald Trump has the authority to summon the US National Guard forces in California, and described the emergency lawsuit in the Democratic Governor Gavin News to prevent his work as a “subjective political trick” that exposes “America’s life”.

In the case in this case, Trump, as the Supreme Commander, has the authority to define the National Guard against fast desires or the approval of the governor of the state. Both sides are scheduled to appear on Friday, while the judge weighs California for restraint.

In the new court file, the administration’s lawyers said that, as a president, Trump has no “commitment” to consult with newsom, or even to notify them before the National Guard was entered.

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“The request of the extraordinary prosecutors will face the commander’s military directives – and he will do this in a temporary restriction order, they are not less.”

They added, “This will be unprecedented. It will be a constitutional curse.” “It will be dangerous.”

This argument is unlikely to sit well with newsom.

This comes one day after a lawsuit against the California Prosecutor Rob Ponta on Tuesday to the Trump administration about what the state described as taking the illegal president’s action in the National Guard, who indicated that it was implemented without the approval of Newsom.

Punta argued in the lawsuit that Trump’s actions were inappropriate and illegal, because he did not seek first to obtain New News to give the federal character to the forces. The National Guard units under dual control of government governments and federal governments are subject to any action to mobilize the units usually pass through the governor of the state concerned first.

The judge refused to supervise the case, the state’s request to obtain a temporary restriction that prevents Trump’s actions, but he ordered both parties to the court on Friday to consider the wider restless relief request.

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The protester puts debris in a fire as border patrol personnel in riot equipment and gas masks standing outside an industrial park in Paramount, California, on Saturday, June 7, 2025. (AP Photo/Eric Thayer)

In case 10 USC § 12406, or the law that Trump protested in his memo at the end of last week to summon the National Guard.

The law allows presidents to deploy the National Guard and other forces at the federal level in the event of “rebellion or risk of rebellion” against the United States government.

In this case, the law says that the president “may call for members of the federal service and the National Guard units of any state in numbers, as it is necessary to repel the invasion, suppress the rebellion, or implement these laws.”

But the NEWSOM lawyers told the court that Trump lacked power in determining the forces under Article 12406, because immigration protests, from their point of view, did not rise to the level of rebellion.

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Donald Trump and Javin News (AP NewsROOM)

“There has been no rebellion or rebellion at any time in the past three days. These protests have not increased to the level of protests or riots that Los Angeles and other major cities in points in the past, including in recent years,” said to the court.

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A group of 26 Amicus Republican lawyers made a summary alongside Trump one day ago, on the pretext that his decision to provide the National Guard to address riots and ice protests that erupted in parts of the state is the “correct response”.

“In California, we see the results of the leadership that cannot be chaotic and undermined the law,” the Prosecutor wrote in the statement, which was first offered to Fox News Digital. “When local and state officials do not behave, the federal government must.”

Ashley Oliver of Fox News Digitter contributed to this report.