Trump, Newsom lawyers compete on the National Guard in California

The struggle between President Donald Trump and Democratic Governor Gavin Newsom about the presence of the National Guard in California arrives at the start of a three -day trial on Monday.

Government lawyers should say that Trump had the legal power to deploy around 4,000 soldiers of the National Guard in Los Angeles in June to help the immigration and customs riots.

While most members of the National Guard have since been demobilized, the trial could open the way to more fights across the country while Trump federalizes the members of the guard in Washington, DC, and threatens to do so elsewhere in response to high crime rates in blue cities.

Judge Charles Breyer, appointed by Clinton and brother of the retirement judge of the Supreme Liberal Court, Stephen Breyer, chairs the case.

Trump and Newsom on the collision course while the fight against the National Guard intensified before the court

The troops of the National Guard were deployed around the city center of Los Angeles, on June 8, 2025, following a protest in immigration raid the day before. (AP photo / Eric Thayer)

Breyer had previously granted a temporary ban order in favor of Newsom, saying that Trump’s decision to mobilize the National Guard was illegal because it violated the authority of California. One of the conditions required under the law that Trump quoted to federalize the National Guard is that a rebellion must be underway, and Breyer said that the riots in California were far from this scenario.

But Breyer’s decision was quickly overthrown by the American Court of Appeal for the ninth circuit. A panel of three judges for the Court of Appeal found unanimously that the courts had a limited capacity to examine whether a president correctly invoked the law to federalize the National Guard.

“We are convinced that, under a long -standing precedent interpreting the statutory predecessor in §12406, our examination of this decision must be very proceeding,” wrote the panel. “Offering the president this deference, we conclude that it is likely that the president legally exercised his statutory authority under §12406 (3), which authorizes the federalization of the National Guard when” the president cannot be with the regular forces to execute the laws of the United States. “”

The panel interrupted the initial command of Breyer indefinitely, but the trial on Monday is the next step in the judicial process when the judge weighs the substance.

The demonstrators compete with the police outside a federal building in downtown Los Angeles on June 14, 2025. (Spencer Platt / Getty images)

While Little is left on the ground in California so that the judge could resolve – Newsom recently announced that around 300 of the members of the Trump deployed National Guard remain active in the State – Legal issues surrounding Trump’s actions persist.

As part of the trial, Breyer will examine the 150 -year -old posse Comitatus Act, which prohibits soldiers from being used for civil affairs. Newsom argued that Trump had violated this law and plans to call military officials as witnesses during the trial to testify about the instructions that the National Guard received and a few hundred marines.

Newsom said they were illegally engaged in law enforcement activities, while government prosecutors argue that they protected federal staff and federal properties.

The Court of Appeal seems skeptical about the affirmation of Newsom according to which Trump illegally deployed the National Guard

Governor Gavin Newsom (AP photo / Steven Senne)

While Newsom also argued that Trump’s unusual decision to bring the National Guard into a state without the governor’s consent was illegal and demanded the authorization of the governor, the panel of three judges has already leaned in favor of Trump on this point.

The panel found that if the language of the law, which stipulates that Trump must pass “by the governor, could mean that the president has committed a” procedural “violation, it did not justify to restrict the use by Trump of the military.

Newsom said more broadly that California’s militarization was not necessary and pushed the troubles in Los Angeles to intensify.

The agents of the application of state laws and local proceeded to approximately seven arrests related to riots before Trump’s announcement on the National Guard on June 7, but they carried out around a thousand arrests in the following 10 days, lawyers of California said in legal files.

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An ice official said in an affidavit that members of the National Guard were “essential” to provide reinforcements around the 300 North Los Angeles Federal Building, which was the site of demonstrations during controversial immigration raids.

“Before the deployment of the National Guard, rioters and demonstrators attacked federal agents, federal police, states and other objects.