Trump Federalizes California National Guard Over Governor's Objection, Resolving Long-Standing Concern That Sending Soldiers Against Americans Still Required Their State's Consent
LOS ANGELES. Acting to protect the city of Los Angeles from the residents of Los Angeles, President Donald J. Trump on Saturday federalized at least 2,000 members of the California National Guard, invoking a rarely used provision of federal law to place a state's soldiers under his personal command for the first time in American history over the express objection of that state's governor.
The President signed a memorandum citing Title 10, Section 12406 of the U.S. Code, deploying the troops to guard Immigration and Customs Enforcement agents as they conducted raids that had, in turn, produced the protests the troops were now being sent to suppress. Administration officials described the sequence as a decisive response to unrest, declining to specify which part of the unrest had preceded which part of the response. The federalization was set to last 60 days, or longer at the discretion of Defense Secretary Pete Hegseth, who by Monday had transferred a total of roughly 4,000 Guard members, nearly one in three of California's force, and added some 700 active-duty Marines.
"If I didn't send the military into Los Angeles, that city would be burning to the ground right now," the President said, describing a fire that had not occurred in a city he had ordered soldiers into. He characterized the demonstrators, many of whom were protesting the detention of their neighbors, as insurrectionists, a legal designation he did not formally invoke because doing so would have required him to invoke it.
Governor Gavin Newsom, who learned of the takeover of his state's Guard the way most Californians did, formally requested the following morning that the order be rescinded and filed suit alleging the President had exceeded his authority. "The situation on the ground is being handled by local law enforcement," a source within the administration acknowledged, "which is precisely the kind of thing that cannot be allowed to continue." The last president to federalize a state's National Guard without the governor's consent was Lyndon Johnson in 1965, who did so to protect civil rights marchers from the state, an arrangement observers noted had been reversed with impressive efficiency.
Legal scholars pointed out that the maneuver established a durable new tool: any president henceforth could commandeer a state's soldiers to police that state's own protests, provided the president first arranged for there to be protests. A federal judge would later rule the deployment violated the Posse Comitatus Act, a finding the administration greeted as an invitation to appeal rather than a conclusion.
At press time, the President had clarified that the troops were in Los Angeles purely to keep the peace, and that anyone who disturbed the peace by objecting to the troops would be dealt with accordingly.