Chicago – Attorney General Kwame Raoul, with leaders from 21 states, filed an amicus brief supporting California’s request for a court order blocking President Trump’s unlawful federalization and deployment of that state’s National Guard.
The amicus brief outlines how Trump’s action is wholly inconsistent with our nation’s founding principle that freedom depends on the subordination of the military to civilian authority.
“To demand accountability from elected officials and to peacefully protest injustice are the responsibilities of every American, particularly at this extraordinary moment in our nation’s history. However, it is absolutely unacceptable for anyone to engage in unlawful activities, such as violence or destruction of property, under the guise of a protest. Those who participate in such conduct should be held accountable,” Raoul said. “Just as members of local law enforcement know how best to protect their communities on a daily basis, local law enforcement officers are best positioned to protect public safety while their neighbors are exercising the right to free speech. President Trump’s ability to federalize California’s National Guard is only authorized in the event of rebellion, foreign invasion, or if regular forces are inadequate to respond to a crisis. His actions are unprecedented, unlawful and lack the governor’s consent. All states have an interest in standing with California against the Trump administration’s march toward authoritarianism.”
the governor holds the authority to order or consent to the National Guard being deployed. The president, however, can do so only in the event of a rebellion, foreign invasion, or if regular forces are inadequate to respond to a crisis.
Raoul and the coalition point out that the president’s memo federalizing the National Guard does not restrict these actions to just Los Angeles, California or any specific U.S. region. Instead, it is an unlimited claim of presidential authority to deploy the National Guard of any state for the next 60 days. According to Raoul and the coalition, states have an interest in standing up against this unnecessary and legally unjustified military call-up.
The states also have an interest in ensuring their National Guard units are available to perform the essential services they provide on an ongoing basis. They provide critical services responding to natural disasters, counter-drug operations, cybersecurity support and make other daily contributions to public safety. Raoul and the coalition explain that the unlawful federalization pulls volunteer service members away from performing vital services, and states are not in a position to replace them.
According to Raoul and the coalition, the president’s unlawful and unconstitutional use of the military has exacerbated safety issues and threatened constitutionally protected activity under the First Amendment. Every state has an interest in protecting their residents from these threats.
Earlier this week, Attorney General Raoul released a statement in support of California Attorney General Rob Bonta’s lawsuit filed against President Trump, the Department of Defense and Department of Defense Secretary Pete Hegseth in response to their unlawful orders to federalize the California National Guard.
Joining Attorney General Raoul in filing the brief are the state attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin, along with Kansas Gov. Laura Kelly.
