California Attorney General Rob Bonta issued a statement ahead of the trial scheduled to begin tomorrow in the U.S. District Court for the Northern District of California. The case centers on California’s lawsuit against the Trump Administration, challenging its use of federalized California National Guard troops for civilian law enforcement duties in Los Angeles. The state argues this action violates the Posse Comitatus Act, which restricts the use of federal military personnel in domestic law enforcement.
Attorney General Bonta and Governor Gavin Newsom filed suit in June after President Trump ordered federalized National Guard members and Marines into Los Angeles to participate in patrols and other law enforcement activities. These actions were taken over objections from both state and local officials.
“Two months ago, the federal government deployed military troops to the streets of Los Angeles for the purposes of political theater and public intimidation. This dangerous move has no precedent in American history, erodes trust between the American military and the public, and pulls our servicemembers away from their vital role in fighting wildfires and tackling the fentanyl epidemic,” said Attorney General Bonta. “Today, 300 federalized California National Guard members remain tools in the President’s game, and the Trump Administration seeks to advance the argument that there should be no limits on what federal troops can do. But that is not what our law allows. We begin trial with the facts and the law on our side – and we look forward to making our case in court.”
At trial, California will argue that embedding federalized National Guard members and Marines within agencies such as Homeland Security (DHS) and Immigration and Customs Enforcement (ICE), while deploying them widely across California for domestic law enforcement tasks, is unprecedented under current legal standards. The state contends that these actions disregard established legal tests interpreting what constitutes a violation of the Posse Comitatus Act.
California’s position is that orders given by the Trump Administration led federalized National Guard members to engage directly in law enforcement activities prohibited by law—such as armed perimeter support, blockades, apprehension or detention of civilians, as well as participation in most immigration raids following mobilization orders.
The lawsuit seeks a court order declaring these actions violations of federal law and requests an injunction preventing similar deployments by future administrations.
Bonta stated his commitment to holding former President Trump’s administration accountable for exceeding its authority under existing laws protecting constitutional rights. In addition to this lawsuit, Bonta has also led a coalition supporting restrictions on ICE and Customs and Border Protection during immigration sweeps targeting Los Angeles residents.
Further information about California’s supplemental briefings related to this motion are available online at: here [https://oag.ca.gov/system/files/attachments/press-docs/Supplemental%20Brief.pdf] and here [https://oag.ca.gov/system/files/attachments/press-docs/Reply%20Brief.pdf]. Access to audio from tomorrow’s trial can be found at: here [https://www.cand.uscourts.gov/judges/gilliam-haywood-s-jr-hsg/hsg-live-streaming-audio/].
