A California judge denied Gov. Gavin Newsom’s request for a temporary restraining order to block the Trump administration’s deployment of federalized state National Guard troops and Marines to Southern California.
Instead, U.S District Judge Charles R. Breyer, who was appointed by former President Bill Clinton, set a hearing for Thursday.
Newsom is asking the court to stop the Trump administration’s mobilization of troops amid the large demonstrations that have broken out over the past few days in protest of federal immigration enforcement operations in the area.
The Trump administration on Sunday federalized California’s National Guard, mobilizing more than 4,000 troops to Los Angeles to respond to the protests over immigration enforcement efforts. The president also ordered some 700 infantry Marines from the Marine Corps Air Ground Combat Center Twentynine Palms to deploy to Los Angeles.
The administration made those moves without the ask or consent of Newsom and local law enforcement officials, Newsom and Attorney General Rob Bonta said Monday when announcing a lawsuit against the Trump administration.
Federal officials, meanwhile, told members of Congress earlier Tuesday that it would cost $134 million to send the troops to L.A.
Newsom said he asked the U.S. District Court in San Francisco to block the federal government from “expanding the current mission of federalized Cal Guard personnel and Marines” through a temporary restraining order.
The request alleges that the Trump administration’s use of the troops “creates imminent harm to state sovereignty, deprives the state of vital resources, escalates tensions and promotes (rather than quells) civil unrest.” The request said it seeks to prevent “federal troops from enforcing the laws in a civilian city.”
“This mission orders soldiers to engage in unlawful civilian law enforcement activities in communities across the region, beyond just guarding federal buildings,” the governor’s office said in a news release.
“The president is looking for any pretense to place military forces on American streets to intimidate and quiet those who disagree with him,” Bonta said. “It’s not just immoral — It’s illegal and dangerous. Local law enforcement, not the military, enforce the law within our borders.”
The White House did not immediately respond to a request for comment, but White House spokesperson Anna Kelly said Monday in response to the initial lawsuit that Newsom “should thank (Trump) for restoring law and order.”
Breyer is set to oversee California’s lawsuit against the Trump administration over the deployment of the National Guard. He is the younger brother of former U.S. Supreme Court Justice Stephen Breyer, according to Politico.
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President Donald Trump continued to rail on California — in particular, Democratic state and local leaders’ handling of the demonstrations — in an address from the Oval Office Tuesday. He called Newsom “grossly incompetent” and said he was saving Los Angeles.
“You would have had a horrible situation had I not sent them,” Trump said of his decision to deploy troops to the area.
The Marines, a 1st Marine Division infantry battalion, are trained in de-escalation, crowd control and in standing rules for the use of force, said John Ingle, a spokesperson for U.S. Northern Command.
Staff writer Erika I. Ritchie contributed to this report.
