Newsom Confirms He’s Suing Trump: ‘Illegally Acted to Federalize the National Guard’
Newsom has never read the Insurrection Act.
California Gov. Gavin Newsom confirmed the state will sue President Donald Trump after the latter called in the National Guard to help stomp out the Los Angeles riots.
This is exactly what Donald Trump wanted.
He flamed the fires and illegally acted to federalize the National Guard.
The order he signed doesn’t just apply to CA.
It will allow him to go into ANY STATE and do the same thing.
We’re suing him.pic.twitter.com/O3RAGlp2zo
— Gavin Newsom (@GavinNewsom) June 9, 2025
Um, does Newsom not know the law?
The Insurrection Act allows the president to call in the National Guard (emphasis mine):
Section 251 allows the president to deploy troops if a state’s legislature (or governor if the legislature is unavailable) requests federal aid to suppress an insurrection in that state. This provision is the oldest part of the law, and the one that has most often been invoked.
While Section 251 requires state consent, Sections 252 and 253 allow the president to deploy troops without a request from the affected state, even against the state’s wishes. Section 252 permits deployment in order to “enforce the laws” of the United States or to “suppress rebellion” whenever “unlawful obstructions, combinations, or assemblages, or rebellion” make it “impracticable” to enforce federal law in that state by the “ordinary course of judicial proceedings.”
Section 253 has two parts. The first allows the president to use the military in a state to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy” that “so hinders the execution of the laws” that any portion of the state’s inhabitants are deprived of a constitutional right and state authorities are unable or unwilling to protect that right. Presidents Dwight D. Eisenhower and John F. Kennedy relied on this provision to deploy troops to desegregate schools in the South after the Supreme Court’s landmark decision in Brown v. Board of Education.
The second part of Section 253 permits the president to deploy troops to suppress “any insurrection, domestic violence, unlawful combination, or conspiracy” in a state that “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.” This provision is so bafflingly broad that it cannot possibly mean what it says, or else it authorizes the president to use the military against any two people conspiring to break federal law.
Yes, the law is broad, but it exists. If you want it changed then contact Congress.
But The Insurrection Act gives Trump the ability to call in the National Guard even if the state tells him no.
Trump addressed the riots numerous times on Truth Social on Sunday:
If Governor Gavin Newscum, of California, and Mayor Karen Bass, of Los Angeles, can’t do their jobs, which everyone knows they can’t, then the Federal Government will step in and solved!!!
Trump also thanked the National Guard:
Great job by the National Guard in Los Angeles after two days of violence, clashes and unrest. We have an incompetent Governor (Newscum) and Mayor (Bass) who were, as usual (just look at how they handled the fires, and now their VERY SLOW PERMITTING disaster. Federal permitting is complete!), unable to to handle the task. These Radical Left protests, by instigators and often paid troublemakers, will NOT BE TOLERATED. Also, from now on, MASKS WILL NOT BE ALLOWED to be worn at protests. What do these people have to hide, and why??? Again, thank you to the National Guard for a job well done!
Trump also wrote that he told Secretary of Homeland Security Kristi Noem, Secretary of Defense Pete Hegseth, and Attorney General Pam Bondi to take action:
A once great American City, Los Angeles, has been invaded and occupied by Illegal Aliens and Criminals. Now violent, insurrectionist mobs are swarming and attacking our Federal Agents to try and stop our deportation operations — But these lawless riots only strengthen our resolve. I am directing Secretary of Homeland Security Kristi Noem, Secretary of Defense Pete Hegseth, and Attorney General Pam Bondi, in coordination with all other relevant Departments and Agencies, to take all such action necessary to liberate Los Angeles from the Migrant Invasion, and put an end to these Migrant riots. Order will be restored, the Illegals will be expelled, and Los Angeles will be set free. Thank you for your attention to this matter!
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Comments
We already know a sympathetic judge will usurp Trump’s executive authority on this. Then it will take days or weeks before the appeals process restores the proper authority, and the rioters will have a field day during that period.
I think Trump will take this moment to ignore the court’s decision. What happens after that is a coin toss.
Trump will likely call in the regulars, like active duty Marines and Army. Otherwise we will likely end up in a situation in which some National Guard officers defy Trump pointing to the court order as justification.
I do not see any NG officer defying the President.
The NG is a federal creation, paid for by Congress and loyal to the Constitution. NG units are constituted within a state and can be used by the governor but they belong to the Federal government. Most NG did active duty first; all have had basic training and all have drummed into them duty, honor, and constitution.
I don’t see a single one defying the President, and if any one of them did the consequences for them would be harsh.
Remember the Vindman brothers?
If they want to torpedo their careers and their futures, I’m all for it.
If they want the court martial, that’s their business. Stupid way to end your career.
I disagree. Trump has bent over backwards to NOT ignore any court orders.
DOJ appeals instead, and though it takes a little while the government ends up with a precedent, recently decided, that supports their actions.
Plus, he seems aware of how badly ignoring a court order would play politically – especially given the D’s continued 100% control of the legacy media and their willingness to use it 24/7/365 as political propaganda posing as “news” in support of their agenda.
All depends on which judge gets the case in the random assignment.
Even if a woke judge rules against the president, even the woke judges on CA9 wont be stupid enough to uphold a ruling against trump.
Look at the headlines
“newsome wins case allowing rioters to burn down LA”
“Newsom, though, says this is all Trump’s fault and announced this morning he would be suing him.”
Judge Boasberg has already agreed to preside over the case, noting that his nationwide permanent injunction has already been written.
“He flamed the fires”…???
Newsom stoked the bong?
packed the bong, took a huge rip and exhaled while saying “We will sue Trump”.
This is all because Newsom is positioning himself for a 2028 run. He could give two squats about the state or it’s residents, legal or otherwise.
Somehow, he thinks this is going to help him.
This guy is as dumb as they come…
And greasy. You forgot greasy.
One would expect fire to be to Newsom what water was to the Wicked Witch.
It WILL help him in high electoral vote places like New York.
Are there more electoral votes to be gained from New York?
Well…no.
Nice hill you built, Gavin. Such a shame you will perish upon it.
since Newsome is positioning himself for 2028, I dont see that he would be stupid enough to follow through with the lawsuit. The optics are great for the dem primary, but the optics for the general election are pathetic.
Dumb…and loathsome.
I predict that the Democrats will run in 2028 on a platform of granting amnesty to all illegals, so they can be come citizens and vote Democrat. (this is so drop dead obvious it is probably a certainly)
That’s right.
But, I think he’s misreading the room badly.
His actions related to these riots might play well in CA politics, but nationally he’s signed his political death warrant.
Now once a Federal judge rules against Trump, because we know the judge will no matter what the law says, we will really have a massive crisis on our hands. The California National Guard will be stuck between two opposing forces ordering them around.
Will SCOTUS recognize the danger to the Republic and immediately step in, or will Chief Justice Roberts hide under his desk like he normally does and let the crisis drag out until people really start shooting at each other? At which point it’s too late.
I say two opposing forces ordering the Guard around because I do believe this is an issue that Trump would say to hell with the court’s decision if it ruled against him.
I don’t think the Insurrection Act was invoked.
Title 10 is the cited authority. Similar but not quite the same.
I am not a lawyer – corrections are gladly accepted.
Exactly this. Thus far, they’ve only used to federalized troops to protect FEDERAL property. That’s done under Title 10.
“Illegally acted”??
Yeah, that’s what Arkansas Governor Orval Faubus thought too.
Marty Feldman!
I freakin’ loved Marty Feldman…
Yes, illegally acted, unlike the weary migrants who have become the backbone of every community since they snuck into the country.
So, this is a lawsuit. Which means discovery, on both sides.
And I think the lawerly phrase is “Discovery can be a b****.” I look forward to it.
FWIW, this will be disposed of LONG before any discovery motions are heard, much less allowed. Temporary restraining orders are almost always issued absent any discovery material and instead, are based solely on briefs filed by the parties. The judge then determines if the plaintiff has any likelihood of prevailing at trial and if they’d be irreparably harmed without the issuance of the restraining order. A federal District Court judge will grant the order, probably today and then by sometime early tomorrow, the 9th Circuit will either affirm or vacate that order. If it affirms the order, SCOTUS will vacate it, probably unanimously…although it’s really hard to tell what Sotomayor and Jackson would do, they’re so indifferent to historical norms.
The point here is not to win the lawsuit. The point is to get the restraining order in place and then slow-walk any resolution until it becomes moot.
Also, it sure seems to me that we’re into Article IV, Section 4 territory, here.
No, we’re not.
California has a republican form of government. The riots are not an invasion. And neither the legislature nor the executive has requested help with the domestic violence.
So this doesn’t apply. But the Insurrection Act does. It doesn’t rely on this section for its authority, so it doesn’t depend on the legislature’s application.
Considering the number of people involved who should not be in this country in the first place and the prevalence of foreign flags at the riots, they may well be an “invasion.”
That is not what “invasion” means. This is not humpty-dumpty land, and you can’t make words mean whatever you want them to. The riots are domestic events, not invasions.
judges are afraid in some cases to rule against left as the outing of judges addresses etc was encouraged during the fjb admin
its a full on lefty insurrection against america
thats not hyperbole
its here its happening
Keep the hope alive. Loser
Just to be clear, Gavin Newsom is using the word “illegal” in the leftist sense, which translates to “something I don’t like” in more normal English.
Nor is Newsome suing because he has any notion of, or interest in, the outcome of the lawsuit. He’s suing so that the right people will see him as a dedicated member of The Resistance(TM) and donate heavily to his presidential campaign.
Yes indeed ‘illegal’ in d/prog speak = ‘I don’t like it’.
this is a godsend for the leftists
once again they can coddle their criminal relatives while big bad whty trump brought in the “cops”
and b/c we allow the schools to be run by the left
the children are indoctrinated with this
stop it already
no more tax money to the schools
Note that the reason they “coddle their criminal relatives” is because – until, maybe recently – they could buy their way out of the consequences of that. Hiding in rich, self-protected enclaves, while someone else’s property burns.
in that case
then burn baby burn
Weird….. wasn’t it just 4 months ago that Newsom and Bass were asking for $40 Million to fight fires in Los Angeles? Pretty sure fires are still pretty risky out there….. so maybe we send in a few tanker planes instead?
Filled with blue dye? Like those packets in bunches of money when someone robs a bank?
So far the NG is deployed to protect Federal property. They can also be used to protect Federal agents/employees under the same statute. One could make the case that sending a platoon of NG with Federal immigration agents to ‘protect’ the agents is allowed but seems kind of a stretch. Pretty sure Trump has NOT yet invoked the Insurrection Act but is using Title 10 authority. When the Insurrection Act is invoked I suspect we will see a shift in tactics and a big change of mission set, deployment, disposition of NG and the use Active Duty forces.
The Democrat thesis is obviously: they see political benefit in allowing their stormtroopers to sack LA, so the federal government should not be able to interfere. (That is, “Screw you normal citizens!”) A great presidential platform to run on Gov. Hairdo! Plus, a Democrat yapping about the posse comitatus act is rich! That law was put in place to allow Southern Democrats to implement segregation, Jim Crow, and the KKK without interference from federal troops (which had just been pulled out of the South as part of a deal to put Rutherford Hayes into the presidency).
“The Democrat thesis is obviously: they see political benefit in allowing their stormtroopers to sack LA, so the federal government should not be able to interfere.”
Cue the Jojo Krako argument: “Who’s interferin’? We’re takin’ over the sacking!”
As long as the “normal citizens” will vote for them anyway, why would they care? The Democrats need to protect their precious illegal alien pets. Their plan to gain perpetual power in perpetuity depends on the 15 million illegals Biden brought in.
how much (more) money will be sent to CA/LA to re-build???
its like you get into a car wreck and you have a 5 year old car that gets hit
you MIGHT WANT the insurance co to just total the car so you get the most $$ you can get vs just nickle and dime so you can patch up your vehicle
Newscum clown show. He’s not electable outside CA.
Go ahead dumb*ss and spend more money that your don’t have. Insanity personified!!!
Gavin, haven’t you already learned your own tribe’s language? You mustn’t say “illegal”. He undocumentedly acted to federalize the NG.
It took me all of two seconds to look up the statute supporting Trump’s federalization of the Guard. Its crystal clear on obviously applicable to the current situation.
Trump is on very solid ground here.
Fun Fact: The last POTUS to Federalize the Guard was LBJ in 1965. Used it against Democrat Governor George Wallace’s actions (and resulting civil unrest) on the issue of voter’s rights.
Selective amnesia. He’s “forgotten” that George H.W. Bush sent in the National Guard (without CA Gov. OK) in 1992 for the riots after George Floyd.
Or in 1963, when JFK sent the National Guard to Alabama, after George Wallace refused to integrate.
Look on X; his posts are getting extremely panicky. I’m all here for it. Democrats have destroyed California with decades of actual treason. Cozying up to the CCP for years now. Add the Cartels which have been enabled by both Newsom and Kamala Harris.
Sources: Blood Money by Peter Schweizer, Government Accountability Inst.
Fool’s Gold by Susan Crabtree, independent journalist and Jedd McFatter of the Government Accountability Institute.
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