James Sues Over Illegal Guard Federalization

New York Attorney General Letitia James, leading a coalition of 20 states, filed an amicus brief urging a court to block the president’s unlawful federalization of the National Guard in response to Los Angeles protests. AG James argues that the president’s actions override state authority and threaten civil liberties.

The brief challenges President Trump’s memorandum deploying the National Guard without consent from California’s governor and against his objections, while local authorities were managing the situation. Governors, not presidents, are constitutionally designated as commanders-in-chief of their state’s National Guard.

Attorney General James asserts that the president’s order to federalize the National Guard is both unlawful and unconstitutional, as it was issued without meeting specific conditions outlined by federal law. The coalition also argues that the presence of military personnel has exacerbated tensions in Los Angeles and raises fears across the nation.

The attorneys general emphasize that the president’s action disregards the Founders’ intent to prevent armed forces from being used against citizens, a core purpose of creating state militias like the National Guard. They assert that states have a duty to protect constitutional freedoms, including free speech and assembly, which are at risk due to the unlawful federalization of the National Guard.

AG James and the coalition warn that the president’s sweeping authority in his memorandum could pull thousands of Guard members away from critical state missions, such as disaster response and public health initiatives. They call for immediate action to halt the president’s memorandum and uphold the Constitution.

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