Gavin Newsom Sues Trump Over National Guard Mobilization, Says President ‘Manufactured’ Crisis in California

Gavin Newsom is suing Donald Trump over the mobilization of the National Guard to quell immigration-related protests in Los Angeles.

The complaint, filed Monday by California Attorney General Rob Bonta on behalf of the Governor against the President, Defense Secretary Pete Hegseth, and the Defense Department, argues that Trump’s federalization of the National Guard “contravenes core statutory and constitutional restrictions.” It added that the “defendants have overstepped the bounds of law and are intent on going as far as they can to use the military in unprecedented, unlawful ways.”

In a statement about the lawsuit, Newsom and Bonta accused Trump of creating a crisis in California. “This is him intentionally causing chaos, terrorizing communities, and endangering the principles of our great democracy. It is an unmistakable step toward authoritarianism,” said Newsom. “The President is trying to manufacture chaos and crisis on the ground for his own political ends,” said Bonta.

Later Monday, after Hegseth deployed around 700 active-duty U.S. Marines from Camp Pendleton to Los Angeles, Newsom said in a post on X that California “will sue to stop this,” too. “The Courts and Congress must act. Checks and balances are crumbling. This is a red line—and they’re crossing it. WAKE UP!”

In another post on X, Newsom called the deployment of Marines “un-American,” saying: “U.S. Marines have served honorably across multiple wars in defense of democracy. They are heroes. They shouldn't be deployed on American soil facing their own countrymen to fulfill the deranged fantasy of a dictatorial President.”

Newsom first announced plans to challenge Trump’s legal authority to mobilize the National Guard in an interview with MSNBC on Sunday evening. As news broadcasts and social media proliferated with scenes of violence and mayhem on the streets of southern California, Newsom alleged that it was the U.S. President who “created the conditions you see on your TV tonight.”

In the MSNBC interview, Newsom condemned the violence, calling it “unacceptable” and “wrong.” He added that there were “a lot of great people out there, doing the right thing,” but that “insurgent groups” and “anarchists” were infiltrating the demonstrations “to create real problems.”

“They’re just playing right into Donald Trump’s hand. And they need to be called out and they need to be arrested,” Newsom said of the bad actors. “They’re doing more than damage to buildings and to property. They’re potentially damaging the very foundation of our republic. Democracy is in the balance.”

When asked if he supports the peaceful protesters, Newsom responded emphatically: “Of course I support them. Protest is the foundation of this democracy. It’s what makes this country great. And that needs to persist. And right now people need to come out. But we need to be mindful of the toxicity of this moment, and then we have to deal with these elements that are coming in that are intentionally trying to take advantage of this in a way that only aids and abets Donald Trump.”

Newsom added that his priority is to keep peaceful protesters as well as “those that are enforcing the laws in a respectful and responsible way” safe.

Newsom, whose second and final term as Governor ends in 2027 and who is speculated to be a 2028 Democratic presidential contender, repeatedly focused his blame for the escalation of the situation in California on Trump: “He’s exacerbated the conditions. He’s lit the proverbial match. He’s putting fuel on this fire,” Newsom said, calling the mobilization of the National Guard “an illegal act, an immoral act, an unconstitutional act.”

“Donald Trump needs to pull back. He needs to stand down. Donald Trump is inflaming these conditions. This is Donald Trump’s problem right now, and if he can’t solve it, we will.”

Trump, meanwhile, suggested Monday that Newsom should be arrested over his handling of the protests.

“Gavin likes the publicity but I think it would be a great thing,” the President responded when asked if he supported a threat from his “border czar” Tom Homan to arrest anyone who obstructs federal immigration raids.

“He’s done a terrible job,” Trump said of Newsom. “He’s a nice guy, but he’s grossly incompetent.”

On Truth Social, Trump added: “We made a great decision in sending the National Guard to deal with the violent, instigated riots in California. If we had not done so, Los Angeles would have been completely obliterated. The very incompetent ‘Governor,’ Gavin Newscum, and ‘Mayor,’ Karen Bass, should be saying, ‘THANK YOU, PRESIDENT TRUMP, YOU ARE SO WONDERFUL. WE WOULD BE NOTHING WITHOUT YOU, SIR.’ Instead, they choose to lie to the People of California and America by saying that we weren’t needed, and that these are ‘peaceful protests.’ Just one look at the pictures and videos of the Violence and Destruction tells you all you have to know. We will always do what is needed to keep our Citizens SAFE, so we can, together, MAKE AMERICA GREAT AGAIN!”

Here’s what to know.

Why was the National Guard called?

Mass protests and demonstrations have taken place across Los Angeles county since Friday in response to Immigration and Customs Enforcement (ICE) raids targeting undocumented residents and laborers.

While local officials, including Mayor Karen Bass and the L.A. city council, initially sided with peaceful protesters in opposition to the immigration enforcement actions, demonstrations grew increasingly violent, as clashes intensified between some demonstrators and law enforcement.

Rocks and molotov cocktails have been thrown; police vehicles and self-driving Waymo cars have been vandalized; and authorities have used tear gas, “flash bang” grenades, and rubber bullets to attempt crowd control, according to reports.

“Everyone has the right to peacefully protest, but let me be clear: violence and destruction are unacceptable, and those responsible will be held accountable,” Bass said in a post on X on Saturday.

In a White House memorandum on Saturday, Trump said the anti-ICE protests “constitute a form of rebellion” against the U.S. and ordered Defense Secretary Pete Hegseth to deploy 2,000 National Guard personnel in response. In a post on X, Hegseth said the National Guard would be mobilized “IMMEDIATELY.” Hegseth added that “if violence continues, active duty Marines at Camp Pendleton will also be mobilized—they are on high alert.”

In addition to the Marines, on Monday, the Defense Department mobilized an additional 2,000 California National Guard personnel.

What are the legal concerns?

To mobilize the National Guard, Trump invoked Title 10, Section 12406 of the U.S. Code, which allows for the federalization of the National Guard in cases of an invasion or a rebellion, or if the President is unable to execute the country’s laws with “regular forces.”

Section 12406, however, also states that “Orders for these purposes shall be issued through the governors of the States.” Newsom confirmed that he did not request the deployment of the National Guard, making it the first time since 1965 that the National Guard has been activated to a state without a governor’s request.

In an open letter to Hegseth, Newsom’s office called the mobilization “a serious breach of state sovereignty” and requested that the Pentagon chief “immediately rescind” the order and “return the National Guard to its rightful control by the State of California, to be deployed as appropriate when necessary.” The Democratic Governors Association backed Newsom in a statement, saying: “It’s important we respect the executive authority of our country’s governors to manage their National Guards.”

Moreover, an 1878 law, the Posse Comitatus Act, limits federal military personnel from being used for civilian law enforcement within the U.S., which means in Los Angeles the National Guard or Marines forces mobilized by Trump and Hegseth can protect federal agents, such as ICE officials, and federal properties, such as detention centers, but they cannot arrest protesters.

The Posse Comitatus Act “prohibits troops from being used domestically unless the Insurrection Act is invoked,” constitutional scholar and dean of UC Berkeley School of Law Erwin Chemerinsky tells TIME, “and the President has not done that.”

According to Reuters, Trump still could invoke the Insurrection Act, but doing so would enter “riskier legal territory.”

The last time the Insurrection Act was invoked was when President George H.W. Bush mobilized the National Guard to quell riots in Los Angeles following the acquittal of the police officers involved in the beating of Rodney King. But a key difference between 1992 and now is that then-Governor of California Pete Wilson had requested federal assistance.

Newsom’s lawsuit also argued that the Trump Administration’s actions violate the Tenth Amendment: “Here the federal government is not merely intruding on the province of the State, but doing so by taking command of the State’s own resources, the California National Guard, which remains under State control unless properly federalized.”

Calling in troops to suppress protests has also raised First Amendment concerns. The American Civil Liberties Union said in a statement on Saturday that it also plans to file a lawsuit against the Trump Administration, calling the mobilization of the National Guard an “abuse of power.”

Will the Trump Administration arrest Newsom?

Homan, the former acting ICE director whom Trump has tasked with overseeing a mass deportation effort and who has previously threatened arrest for anyone who obstructs immigration enforcement, told MSNBC on Saturday that he would not rule out such a move even for officials like Newsom and Bass.

“I’ll say it about anybody,” Homan said. “It’s a felony to impede law enforcement doing their job.”

“Governor Newsom is an embarrassment to the state,” Homan added. “Criminal aliens are walking the streets of this state every day because of him and his policies.”

In his interview Sunday with MSNBC, Newsom responded, saying: “That kind of bloviating is exhausting.”

Newsom challenged Homan to arrest him but to “lay your hands off” law-abiding, tax-paying undocumented residents. “He’s a tough guy. Why doesn’t he do that? He knows where to find me,” he said. “Come after me. Arrest me. Let’s just get it over with, tough guy. I don’t give a damn. But I care about my community. I care about this community.”

Newsom criticized the Trump Administration for targeting non-criminal undocumented residents for immigration enforcement and pushed back on the accusation that California does not cooperate with the federal government. “I have no problem with going after criminals. We coordinate and collaborate with ICE,” Newsom said, pointing to the state handing over more than 10,000 inmates to ICE since he took office in 2019. “When these guys say we don’t go after criminals, again, they’re lying, and they’re knowingly lying.”

Is the situation in California a distraction?

When asked if Trump could be putting the spotlight on Los Angeles to take attention away from his recent fallout with Elon Musk, Newsom said “of course,” also citing Trump’s struggles to pass the massive tax and spending package known as the One Big Beautiful Bill Act in Congress as well as ongoing challenges related to Trump’s global trade war.