Sending troops to LA an ‘unnecessary escalation,’ says California attorney general

California’s attorney general says the Trump administration’s mobilization of 700 Marines to Los Angeles to support dual deployments of National Guard troops in the city is an “unnecessary escalation.”

In an interview with Morning Edition, California Attorney General Rob Bonta insisted that local law enforcement are using available resources to “meet the moment” of protests against immigration raids that, at times, have escalated to sporadic confrontations with police, blocked roads and cars being set on fire.

In a statement on Monday, U.S. Northern Command said an infantry battalion had been put on “alert status” and would support the National Guard “who are protecting federal personnel and federal property in the greater Los Angeles area.” The Defense Department’s mobilization of an additional 2,000 National Guard was also announced on Monday night by Pentagon spokesperson Sean Parnell.

“Having the Marines brought in, in addition to the National Guard being brought in, is only unfortunately inflaming the situation, creating additional tension and provocation,” Bonta told NPR’s A Martinez.

Bonta says the deployment also pulls National Guard strength from other duties, such as supporting wildfire fights and drug enforcement.

Bonta’s interview with Morning Edition coincided with the filing of a legal challenge from Bonta and Gov. Gavin Newsom against the Trump administration. The lawsuit, which was filed in federal court, accuses President Trump of violating a federal statute by deploying the National Guard over the governor’s objections and violating the 10th Amendment of the U.S. Constitution, which gives states rights:

This interview has been lightly edited for length and clarity.

Interview highlights

A Martinez: You’ve called President Trump’s deployment of the National Guard unlawful. As you see it, what laws is he breaking?

California Attorney General Rob Bonta: He’s violating 10 U.S.C. 12406, which is the statute that he relies on that he says gives him authority to call in the National Guard to Los Angeles. A clear, unambiguous language of the statute says there needs to be a rebellion or an invasion or a situation in which the president is unable, with the regular forces, to execute the laws of the United States. None of those things are present.

Martinez: If the protests end, will this lawsuit continue? Would suing the president become more of a political issue than a legal one?

Bonta: If the National Guard is in California unlawfully deployed in violation of 10 U.S.C. 1246, then as long as they are present, then our case remains ripe, appropriate and valid, and is deserving of a court order. If all we have is political grievance or an ideological or policy difference, we can’t and we won’t sue.

Martinez: Is this your argument – that Trump has just skipped some paperwork, essentially? That if he had just taken the proper steps, this wouldn’t be an issue?

Bonta: No, it’s not that. Even though we may vehemently disagree with the presence of the National Guard in California, if it was lawful, there’s nothing we could do and we wouldn’t sue him. But this is not lawful, because the elements required for him to even have this authority, for his authority to be triggered don’t exist. Obviously, I don’t think anyone would argue that there’s a rebellion happening right now trying to overthrow the nation’s leadership or that there is an invasion of armed forces from a foreign nation. So the authority is not there and he can’t do unlawful things.

Martinez: What happens if President Trump invokes the Insurrection Act? He says it’s not off the table. He called the protesters insurrectionists.

Bonta: He’s very loose with the use of his terms. It’s also probably part of a broader strategy. He wants more power and there are certain additional authorities that are provided to the president of the United States. If there’s an invasion, if there is an emergency, if there is an insurrection, he can try to invoke things. But the facts will always be the ultimate determiner of whether he can actually exercise the authority he seeks to exercise. There’s no insurrection here. He’s being very fast and loose with these terms, and he doesn’t have the authority he thinks he has.

Martinez: This lawsuit against President Trump is on behalf of the people of California, the state of California. Among those people, Attorney General, are Trump voters. So why should they and other supporters of the president across the nation care about what this lawsuit is pushing back on?

Bonta: Whether people who support Trump voted for him or not, they deserve to have a president that follows the rule of law that complies with the Constitution. That’s our North Star. And we will be resolute, immovable and unapologetic in holding the president accountable to follow the law, comply with the law every time he seeks to violate it.

Martinez: President Trump has endorsed the idea of possibly arresting Gavin Newsom, California’s governor. What’s your response to that?

Bonta: I think as we all know, you can only be arrested for violating the law. When asked what law Gov Newsom violated, he said running for governor, which is completely lawful. So he might want to seek vindication and punish his political enemies. He might want to arrest people when there’s no legal basis for it. But that is not something he can do, and that’s something the people of this country would stand for.

This digital story was edited by Treye Green. The radio version was produced by Paige Waterhouse.