CA AG Rob Bonta motion seeking emergency court order blocking President Trump's redeployment of CA National Guard troops to Portland

 

CA AG Rob Bonta motion seeking emergency court order blocking President Trump's redeployment of CA National Guard troops to Portland.

9:05 p.m. update from CA AG Rob Bonta's Press Office: "California Attorney General Rob Bonta secured emergency relief from the U.S. District Court for the District of Oregon blocking the Trump Administration’s unlawful redeployment of federalized California National Guard troops to Portland, Oregon."

AG Rob Bonta's statement:

California Attorney General Rob Bonta today joined Oregon Attorney General Dan Rayfield in asking the U.S. District Court for the District of Oregon to block the Trump Administration’s deployment of 300 federalized California National Guard troops to Portland, Oregon. Yesterday, the District Court enjoined the Trump Administration from federalizing the Oregon National Guard, finding the federalization order to be unlawful. The Trump Administration now seeks to circumvent that order by diverting the remaining federalized California National Guard troops from Los Angeles to Portland. The Trump Administration has previously argued to the Ninth Circuit that these troops must remain in Los Angeles — an argument directly contradicted by today’s deployment to Portland. In the filing, California joins Oregon’s lawsuit and along with Attorney General Rayfield, requests emergency relief to prevent federalized California National Guard troops from being unlawfully redeployed. 

“The Trump Administration claimed that California National Guard troops were urgently needed to maintain peace in Los Angeles — yet it is sending the entirety of the remaining troops to Oregon without hesitation,” said Attorney General Rob Bonta. “This is a blatant and disrespectful ploy to do an end run around yesterday’s order by a district court blocking the illegal federalization of the Oregon National Guard. Along with Attorney General Rayfield, I’m suing to prevent this latest overreach of executive power. The President cannot use our cities as a training ground for the military — and he certainly cannot use the hardworking members of California’s National Guard as his personal police force.”

“The President’s abuse of law and power to hijack 300 members of our National Guard and take them into a nonexistent conflict is unprecedented,” said Governor Gavin Newsom. “California has been on the forefront of resisting Trump’s authoritarian tirade since day one — and we are taking him to court yet again. With Attorney General Bonta fearlessly leading the charge in the courtroom, the Golden State is speaking truth to power as we fight the federal government’s illegal actions.” 

“These actions are a direct attempt to circumvent the court’s order,” said Attorney General Dan Rayfield. “Yesterday, the court laid out a clear, thoughtful opinion affirming that the President cannot federalize Oregon’s Guard to send troops into our own cities. Less than a day later, he’s continuing his attempts to militarize Portland, this time with members of the California National Guard, under the same law the judge just said doesn’t apply. Not only does Portland not need this interference, but the President is abusing his authority over the California National Guard, because he committed to use their capacity to keep California safe. He can’t be trusted.”

Yesterday, the U.S. District Court for the District of Oregon temporarily blocked President Trump’s unlawful order federalizing the Oregon National Guard and deploying them without basis or justification to Portland. Now, the Trump Administration seeks to circumvent this order by deploying federalized California National Guard troops to Portland — servicemembers who were federalized under that very same 10 U.S.C. § 12406 authority for deployment in Los Angeles. That redeployment is doubly illegal: The underlying federalization order from August violated Section 12406 and, even if that were not true, the federalization order clearly did not contemplate the use of California troops for completely unrelated activity in Oregon.

In the filings, Attorney General Bonta and Attorney General Rayfield argue that a second temporary restraining order is necessary because:

1. The Trump Administration’s actions are ultra vires and exceed the President’s authority under 10 U.S.C. § 12406.
2. Without a temporary restraining order, both Oregon and Portland will experience irreparable harm: As California has shown, the unlawful deployment of National Guard troops violates state sovereignty and the police powers reserved to the states under the Tenth Amendment of the U.S. Constitution; harms local economies; undermines public safety; and damages troop morale.  
3. An additional temporary restraining order is necessary to prevent the circumvention of the first temporary restraining order: Less than 24 hours after a district court issued a temporary restraining order, Defendants are deploying federalized Guard members to Portland, defying the court’s conclusion that such deployment was unlawful.