California Governor Gavin Newsom announced he intended to sue the Trump Administration to halt the "unlawful" use of California National Guard troops on Sunday. This follows a decision by President Trump on Saturday to deploy as many as 2,000 California guardsmen under federal authority and 500 US Marines from Camp Pendleton to protect federal facilities and provide security for federal immigration agents carrying out their duties.

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Here We Go: Trump Deploys National Guard, As the 'Find Out' Phase Begins for California Anti-ICE Rioters – RedState

Read the Official WH Statement on Trump Deployment of National Guard to L.A. – RedState

In the memo from Newsom's legal affairs secretary to Secretary of Defense Pete Hegseth, Newsom asserts, contrary to two days of graphic visual evidence, that local law enforcement is adequate to handle the situation and this is all a "serious breach of state soveignity."

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Watch: Rioters Attack Police Trapped Under Overpass, While Newsom Challenges Trump, Homan to Arrest Him – RedState

LA Rioters Brandish 'Head' of Trump, Set Waymo Cars on Fire; Even CNN Admits There's a Problem – RedState

So far, Newsom's lawsuit is much like his observation of California's draconian COVID regulation: that would be nonexistent. Based on the letter, it looks like he will hang his hat on Trump not following his interpretation of 10 U.S. Code § 12406, which states, "Orders for these purposes shall be issued through the governors of the States." Various legal experts point out that this provision was never intended to apply to situations where the governor's refusal to protect federal property and agents caused the problem. Though Trump shied away from pulling the trigger, the situation faced by federal agents in Los Angeles is more directly covered by 10 USC § 252, aka the Insurrection Act. Trump even referred to that situation in his letter to Secretary Hegseth: "To the extent that protests or acts of violence directly inhibit the execution of the laws, they constitute a form of rebellion against the authority of the Government of the United States."

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

This act applies not only to overt acts of armed insurrection but also when local officials refuse to cooperate with enforcing federal laws. Other than the Rodney King festival in Los Angeles, the most recent uses of that act took place during the Civil Rights era.

Ex. Ord. No. 10730. Assistance for Removal of an Obstruction of Justice Within the State of Arkansas

Ex. Ord. No. 10730, Sept. 24, 1957, 22 F.R. 7628, authorized the Secretary of Defense to order into the active military service of the United States units of the National Guard of the United States and of the Air National Guard of the United States within the State of Arkansas for an indefinite period and until relieved by appropriate orders in order to enforce any orders of the United States District Court for the Eastern District of Arkansas for the removal of obstructions to justice in respect to enrollment and attendance at public schools in the Little Rock School District, Little Rock, Arkansas; authorized the Secretary of Defense to also use the armed forces of the United States to enforce such orders of the district court; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force.

Ex. Ord. No. 11053. Assistance for Removal of Unlawful Obstructions of Justice in the State of Mississippi

Ex. Ord. No. 11053, Sept. 30, 1962, 27 F.R. 9681, authorized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Mississippi for an indefinite period and until relieved by appropriate orders in order to enforce all orders of the United States District Court for the Southern District of Mississippi and of the United States Court of Appeals for the Fifth Circuit for the removal of obstructions to justice in the State of Mississippi; authorized the Secretary of Defense to also use the armed forces of the United States to enforce such court orders; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force.

Ex. Ord. No. 11111. Assistance for Removal of Obstructions of Justice and Suppression of Unlawful Combinations Within the State of Alabama

Ex. Ord. No. 11111, June 11, 1963, 28 F.R. 5709, authorized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Alabama for an indefinite period and until relieved by appropriate orders in order to enforce the laws of the United States within that State and the orders of the United States District Court for the Northern District of Alabama, to remove obstructions to justice, and to suppress unlawful assemblies, conspiracies, and domestic violence which oppose the laws of the United States or impede the course of justice under those laws within that State; authorized the Secretary of Defense to also use the armed forces of the United States for such purposes; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force.

Ex. Ord. No. 11118. Assistance for Removal of Unlawful Obstructions of Justice in the State of Alabama

Ex. Ord. No. 11118, Sept. 10, 1963, 28 F.R. 9863, authorized the Secretary of Defense to call into the active military service of the United States units of the Army National Guard and of the Air National Guard of the State of Alabama for an indefinite period and until relieved by appropriate orders in order to enforce the laws of the United States and any orders of United States Courts relating to the enrollment and attendance of students in public schools in the State of Alabama and to suppress unlawful assemblies, conspiracies, and domestic violence which oppose the law or impede the course of justice under the law within that State; authorized the Secretary of Defense to also use the armed forces of the United States for such purposes; and authorized the Secretary of Defense to delegate his authority to the Secretary of the Army or the Secretary of the Air Force.

Statements by Newsom and Los Angeles Mayor Karen Bass, among others, unequivocally state that they do not support federal immigration enforcement and will not cooperate with Immigration and Customs Enforcement agents; see They Called for Insurrection, They Got It, and Now They're Playing Innocent. CA Officials Are Repugnant. – RedState. There have been reports of ICE agents asking for local law enforcement assistance when confronted by mobs and having to wait for as much as an hour and a half for help. The images of vandalized federal buildings show definitively that Los Angeles is not protecting property.

The role assumed by the federalized Guardsmen is very limited:

What is the prognosis for this lawsuit? Well, as we've seen over the last five and a half months, activist, progressive, TDS-infected judges will make any ruling necessary to stymie the administration. It is difficult to imagine a judge will rule that riots, attempting to prevent federal agents from enforcing the law, and blocking freeways are protected First Amendment activities, but who knows? Right now, this looks more like another flailing attempt by Gavin Newsom to avoid taking responsibility for his incompetence by blaming the people who are fixing his problems.

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