Donald Trump (4:18)

I promised four years ago at the Democrat at the Republican Convention, I'm going.

Rob Bonta (4:22)

To restore law and order.

Donald Trump (4:23)

And I have, except in Democrat run cities. Look, we have laws. We have to go by the laws. We can't move in the National Guard. I can call insurrection, but there's no reason to ever do that. Even in a Portland case, we can't call in the National Guard unless we're requested by a governor.

Ben (4:42)

He said it right there. Let's bring in California Attorney General Rob Bonta, who just filed this lawsuit. Attorney General Bonta, tell us about the lawsuit that's being filed and if you can describe to us the importance of it.

Rob Bonta (4:59)

Absolutely. Thank you for having me. We barred a lawsuit today on behalf of the governor in the state of California challenging as unlawful the President's federalization of the National Guard and calling them in to Los Angeles through an executive order that he issued over the weekend. The authority that he relies on, 10 USC 12406 does not provide for his ability to call on the National Guard unilaterally. The conditions, precedent that are required under the statute, either an invasion by a foreign nation or a rebellion to overthrow the US Government or the regular forces not being sufficient to execute the laws of the United States, none of those elements are precedent. The present. There is also a required element that the order to call in the National Guard be issued through the governor of the state. At issue here, of course, Governor Gavin Newsom, who does objected to the National Guard coming in, did not issue an order. And so we believe that the action by the Trump administration is completely unlawful. We sent a letter to Pete Hegseth over the weekend. It was ignored. So we are filing a lawsuit in the Northern District of California today seeking an order declaring the president's executive order unlawful and also seeking injunctive relief through a restraining order.

Ben (6:24)

We're seeing the consequences of the chaos from Washington, D.C. being brought here into the state of California. But this is actually not limited to California, is it? In the semi the lawsuit is. But the implications here are not in the sense that Donald Trump's memo that invokes this statute does not actually mention California or Los Angeles in it at all. It does, you know, talk about, you know, these specific troops. But in terms of being open for 60 days, it seems that it's not limited to any specific geographic area. It could be interpreted, I think, as saying the entire country at Trump's discretion. And it's not limited to National Guard. It also says or as other troops as may seem necessary, basically, in a former Fox News host Pete Hegset's discretion, you know, he gets to pick whatever he wants to do. So there's larger implications. Not to say that what's going on in California isn't large enough, but. But there's other states that are going to be impacted by this, no doubt.

Rob Bonta (7:28)

About it, and which is why it's important that we have acted, are acting swiftly, are seeking a rapid court order striking down this unlawful executive order that applies, you know, as you mentioned, outside of Los Angeles and throughout the state of California and potentially other states, that it's why Democratic governors wrote a letter speaking out against this unlawful action by President Trump. Democratic attorneys general are very active as well, because they see what is happening here. It's another attempt by President Trump to unlawfully secure power that he doesn't have to try to deploy troops that he doesn't have the authority to deploy within the United States in states on American soil in violation of the law. The statute that he invokes here, 10 USC 124 06, was only used once in the history of the United States, and it was used when in 1970 there was a US Postal Office strike that shut down the movement of the US Mail because the US Post Office didn't Have the workers to operate the system. And so the National Guard came in to make mail move. And that presumably was based on the third element of the statute that says that the regular forces are not adequate to execute the laws of the United States of America. So it's never been used in a situation like this. So it's this sort of fringe theory never adopted by a court that the Trump administration is trying to adopt because they like what it gives them more power on the other end, this ability to deploy troops throughout the nation, potentially. So we think we have a really strong case. We think the facts in the law are on our side. We've sued the Trump administration today. We are hopeful for order in short.

Ben (9:19)

Course, as our viewers know, I always, when I bring up these things, I always want to stay away from hyperbole, hyperbole. And I don't want them to ever think, hey, Ben, you and Midas touch. You're just fear mongering. You're just scaring when you say that Donald Trump wants to have troops everywhere. So my catchphrase here, you know, is kind of like when I used to be a litigator and I would call up an exhibit, you know, I would look at the jury and I would say, hey, play the clip. Because we have Donald Trump in his own words saying we're going to have troops everywhere. This is what he said here, play this clip.

Donald Trump (9:54)

Even if you don't plan to invoke the Insurrection act, do you plan to send troops to Los Angeles? What? Even if you're not planning to invoke that Into Action act, you still plan to send troops? Well, we're gonna have troops everywhere. We're not going to let this happen to our country. We're not going to let our country be torn apart like it was under Biden and his autopen. What's the bar for sending Marines? The bar is what I think it is. I mean, if we say, see danger to our country and to our citizens will be very, very strong in terms.

Ben (10:23)

Of law, he says the bar is what I think it is now, Attorney General Bonta, I think something that's not getting enough attention also is just seems that Donald Trump was so thirsty to invoke this statute or declare that he was federalizing the National Guard because there's escalation before you ever get to that federalization. I mean, you know, there is the governor can use the National Guard. There is the governor can work with other states. There's, you know, there's escalation within the LAPD and the Sheriff, there's, you know, interstate things. So it's just for the way he did it. It just seems so intentional and malicious. And I don't think that's getting enough attention.

Rob Bonta (11:08)

Agree. You know, the. The whole project 2025 and the planning and strategy leading up to the election and being implemented since the election is review of these archaic, rarely used because they rarely should be used because the factual predicate required for their use is rarely present. Statutes that provide additional authority to the executive branch, to the president. And you see he's calling everything or many things an emergency and he's calling immigration an invasion. He chooses those words because those are the words in the statutes that provide him with more authority. So this is by design. He wanted this. You're absolutely right that there's a progression to be followed when there's law enforcement incidents that need response on the ground. I'll just emphasize that the Los Angeles County Sheriff's Department is the largest sheriff's department in the nation. The Los Angeles Police Department is the third largest police department in the nation. These are huge law enforcement departments and agencies. Very well resourced, highly trained, very capable of addressing nearly any issue and the issues that LA was facing over the weekend. I was in close contact at the highest levels of leadership in both departments was completely under control within the existing resources of the departments. LAPD said it was crickets, it was quiet. They had 20 peaceful protesters over the weekend. LA Sheriff had an issue in Paramount, later in Compton, but they were able to address it with their own resources. They never even had to go to the next step, which is mutual aid. Calling the police departments from the other cities in LA county to help, for example, or the neighboring sheriff's departments in Ventura county or Orange county or Santa Barbara to assist. Never even got close to having to ask for mutual aid, much less depleting mutual aid. And then if the National Guard is needed, Governor Newsom can call in the National Guard. He's done it before. He did it earlier this year in January for the wildfires. He did it in 2020 during the protests we were seeing in the wake of the murder of George Floyd. So there was a whole bunch of steps that the President blew through. He went from 0 to 60, unnecessarily and unlawfully when he unilaterally deployed the National Guard himself.

Ben (13:28)

I saw some of these Republican Congress members going on the Sunday show saying, you need to escalate, to de. Escalate. That's actually not the way it works. Or then I saw Magna Mike Johnson, the Speaker of the House say our motto is peace through strength. We could start with peace through peace, and then peace through just dealing with the community like human beings. But nonetheless, we're here right now. You filed this lawsuit. We're going to be following it. Please come back, share with us the progress of the lawsuit. We'd love, we'd love to hear more. Thanks for joining us as always.

Rob Bonta (14:05)

Honored to be with you again. Thanks for having me.

Ben (14:07)

California Attorney General Rob Bonta, Everybody. Hit subscribe. Let's get to 5 million subscribers. Can't get enough Midas? Check out the Midas plus substack for ad free articles, reports, podcasts, daily recaps from Ron Filipkowski and more. Sign up for free now@midasplus.com Sam.