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Tag: California National Guard

  • Commentary: So much winning. Can Bonta maintain California’s legal hot streak against Trump?

    It was late Sunday evening when President Trump got thumped with a court loss — again — by California.

    No, a federal judge ruled, Trump cannot command the California National Guard to invade Portland, Ore. At the request of California Atty. Gen. Rob Bonta and others, U.S. District Judge Karin Immergut broadened a temporary restraining order that had blocked Oregon’s National Guard from being used by the federal government. It now includes not just California’s troops but troops from any state. At least for the next two weeks.

    It’s the kind of legal loss Trump should be used to it by now, especially when it comes to the Golden State. Since Trump 2.0 hit the White House this year with Project 2025 folded up in his back pocket, the state of California has sued the administration 42 times, literally about once a week.

    While many of those cases are still pending, California is racking up a series of wins that restored more than $160 billion in funding and at least slowed down (and in some cases stopped) the steamrolling of civil rights on issues including birthright citizenship and immigration policy.

    “We have won in 80% of the cases,” Bonta told me. “Whether it be a preliminary injunction or a temporary restraining order, and more and more now permanent final injunctions after the whole trial court case is done.”

    I’ll take it. We all need some positive news. I don’t often write just about the good, but in these strange days, it’s helpful to have a reminder that the fight is always worth having when it comes to protecting our rights. And, despite the partisan Supreme Court, the reason that we are still holding on to democracy is because the system still works, albeit like a ’78 Chevy with the doors rusting off.

    While Gov. Gavin Newsom has made himself the face of California’s fights against Trump, taking on a pugnacious and audacious attitude especially on social media, the day-in, day-out slugging in those battles is often done by Bonta and his team in courtrooms across the country.

    It’s hard to recall, but months ago, Newsom called a special session of the Legislature to give Bonta a $25-million allowance to defend not just California but democracy. And in a moment when many of us fear that checks and balances promised in the Constitution have turned out to be little more than happy delusions, Bonta has a message: The courts are (mostly) holding and California’s lawyers aren’t just fighting, they’re winning.

    “We can do things that governors can’t do,” Bonta said. “No role and no moment has been more important than this one.”

    Bonta told me that he often hears that Trump is disregarding the courts, so “what’s the point of litigation at all? What’s the point of a court order at all? He’s just going to ignore them.”

    But, he said, the administration has been following judges’ rulings — so far. While there have been instances, especially around deportations, that knock on the door of lawlessness, at least for California, Trump is “following all of our court orders,” Bonta said.

    “We’re making a difference,” he said.

    A few days ago, the U.S. Department of Education was forced to send out a final chunk of funds it had attempted to withhold from schools. Bonta, in a multistate lawsuit, successfully protected that money, which schools need this year to help migrant children and English learners, train teachers, buy new technology and pay for before- and after-school programs, among other uses.

    That’s a permanent, final ruling — no appeals.

    Another recent win saw California land a permanent injunction against the feds when it comes to stopping their payments for costs associated with state energy projects. That a win both for the climate and consumers, who benefit when we make energy more efficiently.

    Last week, Bonta won another permanent injunction, blocking the Trump administration’s effort to tie grants related to homeland security to compliance with his immigration policies. Safety shouldn’t be tied to deportations, especially in California, where our immigrants are overwhelmingly law-abiding community members.

    Those are just a few of Bonta’s victories. Of course, Trump and his minions aren’t happy about them. Stephen Miller, the shame of Santa Monica, seems to have especially lost his marbles over the National Guard ruling. On social media, Miller seems to be attacking the justice system, and attorneys general such as Bonta.

    “There is a large and growing movement of leftwing terrorism in this country,” Miller wrote. “It is well organized and funded. And it is shielded by far-left Democrat judges, prosecutors and attorneys general. The only remedy is to use legitimate state power to dismantle terrorism and terror networks.”

    Never mind that the Oregon judge who issued the National Guard ruling is a Trump appointee.

    “Their goal, I think, is to chill and pause and worry judges; to chill and pause and worry the press; to chill and pause and worry attorneys general who stand up for the rule of law and for democracy, who go to court and fight for what’s right and fight for the law,” Bonta said.

    Bonta expects the administration, far from learning any lessons or harboring self-reflection during this mad dash toward autocracy, to continue full speed ahead.

    “We’re going to see more, and we’re going to see it fast, and we’re going to see it escalate,” he said. “None of that is good, including putting military in American cities or, you know, Trump treating them like his royal guard instead of the National Guard.”

    Even when the Trump administration loses, “they always have this like second move and maybe a third, where they are always trying to advance their agenda, even when they’ve been blocked by a court, even when they’ve been told that they’re acting unlawfully or unconstitutionally,” he said.

    On Monday, Trump threatened to use the Insurrection Act to circumvent the court’s ruling on the National Guard, a massive escalation of his effort to militarize American cities.

    But California remains on a winning streak, much to Trump’s dismay.

    It’s my bet that as long as our judges continue to honor the rule of law, that streak will hold.

    Anita Chabria

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  • Trump Deploys Troops To Oregon, Despite Judge’s Order – KXL

    Portland, Ore. – President Donald Trump ordered the deployment of 300 California National Guard troops to Oregon, after a federal judge blocked the use of Oregon’s Guard in Portland, Saturday evening. In a statement Sunday, California Governor Gavin Newsom said, “President Trump is deploying 300 California National Guard personnel into Oregon. They are on their way there now.” Oregon Governor Tina Kotek added in a statement, “My administration is aware that 101 federalized California National Guard members arrived in Oregon last night via plane, and it is our understanding that there are more on the way today.” Kotek went on to say her office received no official notification from the Trump administration.

    Portland Mayor Keith Wilson says, “this action circumvents the court’s decision and threatens to inflame  a community that has remained peaceful. Our legal team is coordinating with our partners and will immediately pursue all lawful steps to enforce the judge’s order and protect Portlanders’ rights.” Gov. Newsom says his office will sue for what he calls the President’s “breathtaking abuse of power.”

     

    This is a developing story.

    More about:


    Heather Roberts

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  • Newsom to seek court order stopping Trump’s deployment of California National Guard to Oregon

    Gov. Gavin Newsom said Sunday that he intends to seek a court order in an attempt to stop President Trump’s deployment of California National Guard troops to Oregon.

    Calling the president’s action a “breathtaking abuse of power,” Newsom said in a statement that 300 California National Guard personnel were being deployed to Portland, Ore., a city the president has called “war-ravaged.”

    “They are on their way there now,” Newsom said of the National Guard. “This is a breathtaking abuse of the law and power.”

    Trump’s move came a day after a federal judge in Oregon temporarily blocked the federalization of Oregon’s National Guard.

    The president, who mobilized the California National Guard amid immigration protests earlier this year, has pursued the use of the military to fight crime in cities including Chicago and Washington, sparking outrage among Democratic officials in those jurisdictions. Local leaders, including those in Portland, have said the actions are unnecessary and without legal justification.

    “The Trump Administration is unapologetically attacking the rule of law itself and putting into action their dangerous words — ignoring court orders and treating judges, even those appointed by the President himself, as political opponents,” Newsom said.

    In June, Newsom and California Atty. Gen. Rob Bonta filed a federal lawsuit over Trump’s mobilization of the state’s National Guard during immigration protests in Los Angeles. California officials are expected to file the court order over Sunday’s deployment using that existing lawsuit.

    Newsom has ratcheted up his rhetoric about Trump in recent days: On Friday, the governor lashed out at universities that may sign the president’s higher education compact, which demands rightward campus policy shifts in exchange for priority federal funding.

    “I need to put pressure on this moment and pressure test where we are in U.S. history, not just California history,” Newsom said. “This is it. We are losing this country.”

    Daniel Miller, Melody Gutierrez

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  • Defying court order, Trump sends California National Guard troops to Oregon

    Members of the National Guard patrol near Union Station on Aug. 14 in Washington, D.C. President Donald Trump announced plans to deploy 300 California National Guard members to Oregon on Sunday, defying a court order.

    Members of the National Guard patrol near Union Station on Aug. 14 in Washington, D.C. President Donald Trump announced plans to deploy 300 California National Guard members to Oregon on Sunday, defying a court order.

    Getty Images/TNS

    President Donald Trump sent 300 California National Guard troops to Oregon on Sunday, defying a court order blocking him from deploying Oregon’s own National Guard to patrol Portland in an ongoing White House campaign targeting Democratic cities.

    On Saturday, U.S. District Court Judge Karin Immergut in Portland temporarily blocked the Pentagon from sending 200 Oregon National Guard members to protect an Immigration and Customs Enforcement building in Portland from protests.

    She rejected the Pentagon’s claims that Portland faced a “danger of rebellion,” and said “the president’s determination was simply untethered to the facts,” a week after Trump told military leaders that he planned to punish “dangerous” cities like San Francisco, Los Angeles, Chicago and New York by using them as military training grounds to combat “a war within.”

    Overnight, the White House told Gov. Gavin Newsom that they were sending 300 California National Guard members to Portland, which he called “a breathtaking abuse of the law and power.”

    “The Trump administration is unapologetically attacking the rule of law itself and putting into action their dangerous words — ignoring court orders and treating judges, even those appointed by the president himself, as political opponents,” Newsom said in a statement, vowing to sue.

    “This isn’t about public safety, it’s about power. The commander-in-chief is using the U.S. military as a political weapon against American citizens.”

    When asked for comment, the White House press email account responded with an automatic message blaming slow response times on the ongoing government shutdown: “As you await a response, please remember this could have been avoided if the Democrats voted for the clean Continuing Resolution to keep the government open.”

    Last month, California won a court victory barring the Pentagon from using the California National Guard to crack down on anti-ICE protests in Los Angeles.

    U.S. District Court Judge Charles Breyer in San Francisco found that the White House had violated the Posse Comitatus Act, which prevents the military from being used for domestic policing on U.S. soil.

    This story was originally published October 5, 2025 at 12:24 PM.

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    Lia Russell

    The Sacramento Bee

    Lia Russell covers California’s governor for The Sacramento Bee’s Capitol Bureau. Originally from San Francisco, Lia previously worked for The Baltimore Sun and the Bangor Daily News in Maine.

    Lia Russell

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  • Trump on possible National Guard deployment to Chicago: “We’re going in”

    President Trump suggested Tuesday he’s planning to send National Guard troops to Chicago, in what could be the latest salvo in his controversial push to use federal forces to address crime, drawing pushback from local political leaders.

    “We’re going in. I didn’t say when, we’re going in,” Mr. Trump said in an Oval Office event, after a reporter asked if he plans to send the Guard to Chicago.

    Mr. Trump did not specify whether his administration will primarily send Guard forces or federal law enforcement agents to Chicago. He also didn’t say how many Guard troops could be deployed, or where they will hail from.

    He later suggested Baltimore could also draw a federal response.

    The president has vowed for weeks to intervene in Chicago and Baltimore, arguing the two cities have failed to contain violent crime. Chicago could be the third city to face a crackdown under the Trump administration: Thousands of Guard troops and federal agents have been deployed to the streets of Washington, D.C., since last month as part of an anti-crime initiative, and Guard forces were sent to Los Angeles in June to protect immigration agents.

    Mr. Trump said he hopes Illinois Gov. JB Pritzker — a vociferous Trump critic — will call him and request that troops be sent to Chicago. But the president said: “We’re going to do it anyway. We have the right to do it because I have an obligation to protect this country.”

    In a press conference Tuesday, Pritzker called Mr. Trump’s comments “unhinged.”

    “No, I will not call the president asking him to send troops to Chicago,” he said.

    Pritzker said he expects federal agents from U.S. Immigration and Customs Enforcement and other agencies to surge in Chicago in the coming days. He said the president could then “use any excuse” to deploy military personnel.

    The governor said his administration is “ready to fight troop deployments in court.”

    Any Guard deployment to Chicago would likely draw legal pushback.

    The D.C. National Guard is controlled by the president, but the 50 states’ Guard forces are typically run by governors. Mr. Trump called members of the California National Guard into federal service without Gov. Gavin Newsom’s permission by invoking a law that applies to rebellions or situations where the president can’t enforce the law with “regular forces.”

    Newsom sued the Trump administration over the move. An appeals court ruled that Mr. Trump likely had the right to call up the California National Guard, but a lower court judge on Tuesday ruled the deployment violated a 19th century law prohibiting the military from being used for domestic law enforcement.

    Trump calls Chicago a “mess” — Pritzker calls his claims “absurd”

    The president has zeroed in on cracking down on crime in the nation’s major cities, beginning with the effort in D.C. — despite data showing crime has declined in the city in recent years.

    When Mr. Trump announced the crackdown in the nation’s capital, he said the effort “will go further,” saying the administration is “starting very strongly with D.C.” and suggesting it could then move to other cities. Since then, he has publicly lashed out over Chicago’s murder rate.

    “We have other cities also that are bad. Very bad. You look at Chicago, how bad it is. You look at Los Angeles, how bad it is,” Mr. Trump said last month. “We’re not going to lose our cities over this.”

    The president later praised the National Guard’s work with the police in D.C., saying, “After we do this, we’ll go to another location, and we’ll make it safe, also.”

    “Chicago’s a mess, you have an incompetent mayor, grossly incompetent,” Mr. Trump said last month. “And we’ll straighten that one out, probably next – that will be our next one after this.”

    The president predicted that, within a week of a federal intervention in Chicago, “We will have no crime in Chicago just like we have no crime in D.C.”

    In Tuesday’s press conference, Pritzker said “there is no emergency that warrants deployment of troops.” He called Mr. Trump’s characterization of crime in Chicago “absurd” and pointed to recent reductions in homicides, shootings and other violent crimes according to city statistics.

    “One violent crime is too many, and we have more work to do,” Pritzker said. “But we have made important progress on safety that Trump is now jeopardizing.”

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    Trump on potential National Guard deployment in Chicago: “We’re going in”

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  • Judge rules Trump’s National Guard use in Los Angeles protests is illegal

    A federal judge ruled that President Donald Trump’s use of National Guard troops to aid immigration enforcement protests in Los Angeles earlier this year is illegal.

    Judge Charles Breyer said the Trump administration violated a 19th-century law when it sent about 4,000 troops and 700 Marines to California in June to quell violent protests and aid federal agents in immigration enforcement efforts.

    After Trump mobilized the troops, California Gov. Gavin Newsom, a Democrat, sued the administration and argued they were in violation of the law that prohibits the military from enforcing domestic laws. However, the administration has argued the troops were in Los Angeles to protect federal officers and property and not to enforce laws.

    The Posse Comitatus Act is a statute from 1878 that prohibits a president from using the military as a domestic law enforcement agency without congressional approval. Breyer found the administration in violation of the statute by using troops for crowd control during protests.

    The issue began when Los Angeles residents began protesting the detention and deportation action being carried out by Immigration and Customs Enforcement. Protests turned violent, prompting Trump to weigh in and federalize members of the California National Guard, despite Newsom and city leaders objecting.

    Trump’s order to call up the National Guard to Los Angeles and bypass the request of a governor is a move used infrequently by presidents.

    Judge Breyer, a Clinton appointee, had earlier issued an emergency order in June where he said Trump had to give control of the troops back to Newsom. The U.S. Court of Appeals for the Ninth Circuit overturned Breyer’s emergency order.

    The appeals court includes two Trump appointees and one appointee from former President Joe Biden. The panel said Trump had constitutional authority to deploy the guard against protesters since the demonstrations turned violent.

    The Trump administration will likely appeal Breyer’s latest ruling.

    In a statement posted online, Newsom’s office celebrated the ruling by saying the people of California “won much needed accountability against Trump’s ILLEGAL militarization of an American city!”

    The ruling comes as Trump has deployed National Guard troops in Washington, D.C., under the District of Columbia’s Home Rule Act, which allows the president to federalize the city’s law enforcement. Trump said crime in Washington was out of control, but is getting better with the federal oversight.

    He’s also threatened to send National Guard troops to other Democratic-led cities like Baltimore and Chicago. It sparked a battle with local leaders, who say they do not need troops in their cities to control crime, and said they would sue if Trump tried to send troops.

    Trump deployed the troops to Los Angeles by declaring there was an emergency need to protect the federal buildings in the area. But in Chicago or any other city, it would be a different story. Without a clear emergency as the reason to send troops, Trump would be openly defying the governor and beginning a legal battle. Even if he overrode the governor, the troops would be limited to only protecting federal assets and employees, nothing more.

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  • Judge rules Trump’s deployment of troops to Los Angeles violated federal law

    Washington — A federal court in California ruled Tuesday that the Trump administration violated federal law when it deployed members of the National Guard and active-duty U.S. Marines to Los Angeles earlier this summer in response to protests against immigration enforcement operations.

    In a 52-page ruling, U.S. District Judge Charles Breyer found that the president and his administration violated the Posse Comitatus Act, a 1878 law that prohibits the use of the military for domestic law enforcement. Breyer blocked the Trump administration from deploying or using the National Guard currently deployed in California, and any military troops in the state, for civilian law enforcement.

    His decision restricts the use of service members to engage in arrests, apprehensions, searches, seizures and traffic and crowd control.

    Breyer’s ruling came after he held a three-day trial in the case brought by California Gov. Gavin Newsom in June. Newsom, a Democrat, sued in response to Mr. Trump’s decision to deploy members of California’s National Guard to Los Angeles to quell protests against immigration enforcement operations taking place in the area.

    The judge granted temporary relief to California officials in June that required the Trump administration not to deploy the California National Guard in Los Angeles and return control to Newsom. But a three-judge panel on the 9th Circuit found it likely that Mr. Trump lawfully federalized the California National Guard under a different law, Title 10.

    Those earlier proceedings did not involve the Posse Comitatus Act. Breyer held the trial on the merits of Newsom’s arguments that the president violated that 147-year-old law last month.

    The judge’s ruling

    The judge wrote in his ruling that the evidence put forth at the trial established that the Trump administration “systematically used armed soldiers (whose identity was often obscured by protective armor) and military vehicles to set up protective perimeters and traffic blockades, engage in crowd control, and otherwise demonstrate a military presence in and around Los Angeles. In short, Defendants violated the Posse Comitatus Act,” Breyer wrote.

    While the Pentagon withdrew roughly the 700 U.S. Marines who had been sent to Los Angeles, Breyer noted that there are still 300 National Guard members stationed there nearly three months after they were first mobilized.

    “Moreover, President Trump and Secretary Hegseth have stated their intention to call National Guard troops into federal service in other cities across the country — including Oakland and San Francisco, here in the Northern District of California — thus creating a national police force with the President as its chief,” Breyer wrote.

    The judge said that the Trump administration intentionally initiated the deployment of the National Guard and Marines to Los Angeles to establish a military presence there and enforce federal law. He called that conduct a “serious violation” of federal law prohibiting the use of the military for domestic law enforcement.

    “In fact, these violations were part of a top-down, systemic effort by Defendants to use military troops to execute various sectors of federal law (the drug laws and the immigration laws at least) across hundreds of miles and over the course of several months — and counting,” Breyer wrote.

    Breyer rejected the administration’s argument that the president’s constitutional powers allow him to override the restrictions in the Posse Comitatus Act.

    “Under this ‘constitutional exception,’ as Defendants call it, the President has inherent constitutional authority to protect federal property, federal personnel, and federal functions, so any actions that can be construed as such ‘protection’ are lawful in spite of the Posse Comitatus Act,” he wrote. “This assertion is not grounded in the history of the Act, Supreme Court jurisprudence on executive authority, or common sense.”

    Attorneys for California had sought an injunction that blocked National Guard forces from participating in and protecting federal agents during immigration enforcement operations, and Breyer agreed to grant their request.

    The judge wrote that while there is “no question that federal personnel should be able to perform their jobs without fearing for their safety,” the Trump administration cannot “use this as a hook to send military troops alongside federal agents wherever they go.”

    Since the 9th Circuit allowed the Trump administration to keep the National Guard in California, the president has moved to deploy troops to Washington, D.C. Mr. Trump has also teased sending the National Guard to other major cities throughout the country in what he casts as a looming crackdown against illegal immigration, violent crime and civil unrest.

    As of Monday, there are over 2,200 National Guard members in Washington, D.C., with over half of those troops sent by Republican governors throughout the country.

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