California Seeks Emergency Restraining Order to Block National Guard (Update: Denied)

AP Photo/Rich Pedroncelli

As I pointed out here, the case that Los Angeles doesn't need any additional law enforcement help is looking pretty thin after a dozen or more businesses were looted last night. And yet, Gov. Newsom is suing the Trump administration and today California's AG Rob Bonta asked for an Emergency Restraining Order to stop the use of the National Guard and Marines.

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“They must be stopped, immediately,” attorneys for the state wrote in a filing Tuesday. The request, submitted around 11 a.m. local time on Tuesday, urged U.S. District Judge Charles Breyer to act within two hours...

The restraining order request...is focused explicitly on a growing expectation among California officials that those troops will soon be sent on arrest missions alongside agents from Immigration and Customs Enforcement — raising the likelihood of direct confrontations with L.A. residents.

“Such support activities would include holding a secure perimeter in communities around areas where immigration enforcement activities would take place, and securing routes over public streets where immigration enforcement officers would travel,” said Paul Eck, a state attorney who works with California’s National Guard, in a sworn statement accompanying the restraining order request.

Two hours is a pretty speedy request. That doesn't give the Trump administration any time at all to respond, which is probably the point. The Trump administration countered by asking for 24 hours to consider the request before responding.

The Trump administration has said it opposes the request, and has asked the judge presiding over the case for more time to respond. In a separate filing, the Justice Department said California was seeking "an extraordinary, unprecedented, and dangerous court order" based on arguments that are "legally meritless."

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As mentioned, this new request comes a day after California AG Bonta sued the administration over the federalization of 2.000 National Guard troops.

The lawsuit seeks a court ruling that President Donald Trump’s move to federalize 2,000 members of the state National Guard on Saturday in response to protests against the administration’s immigration actions without a request from California Gov. Gavin Newsom was "unlawful" and should be rescinded.

Bonta said in a statement that Trump's order “infringes on Governor Newsom’s role as Commander-in-Chief of the California National Guard and violates the state’s sovereign right to control and have available its National Guard in the absence of a lawful invocation of federal power.”

Bonta argued in the lawsuit that the Defense Department did not communicate directly with the governor’s office about any planned activation and deployment of California National Guard members and that it did not seek approval to use the National Guard to protect federal agents and federal property...

At a news conference Monday before he filed the lawsuit, Bonta accused Trump of "trying to manufacture chaos and crisis on the ground for his own political ends."

Gov. Newsom said something similar about Trump manufacturing a crisis. But I don't think the people doing the looting and setting cars on fire are listening to Trump. They mob in general probably is listening to the Democrats who keep defending their behavior at every opportunity. 

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And so you have a situation where the Mayor is saying violence won't be tolerated and also downplaying the extent of the violence even as 100 people have been arrested.

Speaking at a Tuesday morning news conference, Los Angeles Mayor Karen Bass addressed a night of violence in downtown LA that ended in more than 100 arrests. Bass said the violence won't be "tolerated" and spoke about where most of the crimes were occurring...

"And I do want to say, especially for our national audiences, that those of us in Los Angeles understand that the unrest that has happened are a few blocks within the downtown area. It is not all of downtown, and it is not all of the city. Unfortunately, the the visuals make it seem as though our entire city is in flames, and it is not the case at all.

"Now, having said that, the violence and the damage is unacceptable, it is not going to be tolerated, and individuals will be arrested and prosecuted to the full extent of the law."

It's barely happening at all but it's unacceptable and won't be tolerated. Go back and watch some of the videos I posted here. How many people do you think committed crimes last night compared to the number who got arrested? I doubt they got one in ten of the crooks. In nearly every case the cops showed up once the looting was over.

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As I write this it's after 2pm in California and it appears the judge rejected the request for an emergency restraining order. Instead he granted the Trump administration the 24-hours they requested.

Can we expect more rioting and looting tonight? We won't have to wait very long to find out.

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