Attorney General Bonta to Trump: If You Send Troops to San Francisco, California Will See You in Court

OAKLAND — California Attorney General Rob Bonta, along with California Governor Gavin Newsom and San Francisco City Attorney David Chiu, today announced their intention to challenge any deployment of federalized National Guard troops to San Francisco in court. In recent days, President Trump and other members of his Administration have indicated that San Francisco is the next target in their takeover of American cities and effort to transform the role of the military in our society. California has sued over the federalization and deployment of National Guard troops in Los Angeles and Portland and will continue to challenge any new attempts to trample over state sovereignty and constitutional norms by sending troops to San Francisco. 

“There is no basis to send National Guard troops to San Francisco. No emergency. No rebellion. No invasion. Not even unrest,” said Attorney General Bonta. “President Trump has long abandoned any pretenses for the illegal federalization and deployment of California’s National Guard. He does not care about satisfying the conditions of the law; he cares about himself, and he cares about power. Trump has made no secret of his intentions: To use our National Guard as his own Royal Army and our cities as a training ground for the military. This is outrageous, indefensible, and most importantly illegal. San Francisco may be the President’s latest target, but California is no stranger to the President’s political games and unconstitutional tactics. We’re ready to go to court immediately if the President follows through on this latest illegal plan.”

“We’re a nation of laws and accountability — not a nation that turns a blind eye to abuse of power,” said Governor Gavin Newsom. “Donald Trump, himself a convicted felon who pardoned felons convicted of assaulting federal law enforcement officers, is misleading the public with his false narrative that America, and especially California, is some lawless wasteland. But California is proving him wrong — in the courts and on the facts. We don’t bow to kings, and we’re standing up to this wannabe tyrant. The notion that the federal government can deploy troops into our cities with no justification grounded in reality, no oversight, no accountability, no respect for state sovereignty — it’s a direct assault on the rule of law. We’re drawing a line: California will always defend the Constitution, our people, and our values from authoritarian overreach.”

“Needlessly and haphazardly deploying the military to American cities makes us all less safe,” said City Attorney Chiu. “These deployments inflame tensions, undermine local law enforcement, and harm local economies. San Francisco has seen historic drops in crime, and our local law enforcement are more than capable of keeping our city safe while upholding First Amendment rights. There is no factual basis for a National Guard or military deployment in San Francisco. Should President Trump make good on his ridiculous threats to send the military to San Francisco, we will work together with the Attorney General and the Governor to take legal action to defend San Francisco.”

BACKGROUND 

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians’ constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration’s unlawful orders to federalize the California National Guard and utilize National Guard troops for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal. A hearing on the appeal is set for tomorrow at 11am PT and can be viewed here.  

In August, the Attorney General’s Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court’s order is temporarily paused while the Ninth Circuit considers the federal government’s motion for a stay.  

Earlier this month, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration’s deployment of federalized California National Guard troops to Portland, Oregon. He also submitted new filings to the Ninth Circuit highlighting significant changes to the facts on the ground since June that undermine the Trump Administration’s arguments for staying the Northern California District Court’s orders, including its deployment of federalized California National Guard troops to Portland, and later, to Chicago.

Attorney General Bonta has previously supported Illinois Attorney General Kwame Raoul’s, Oregon Attorney General Dan Rayfield’s and D.C. Attorney General Brian Schwalb’s lawsuits challenging the Trump Administration’s unlawful deployment of National Guard troops to their cities. Earlier this week, Attorney General Bonta filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois opposing the Trump Administration’s nearly limitless conception of presidential authority to federalize the National Guard and the activities those troops can engage in.