LOS ANGELES, CA — Today, the City of Los Angeles submitted an amicus curiae brief in the case Gavin Newsom v. Donald Trump, challenging the federal government’s deployment of National Guard troops and Marines in Los Angeles amid ongoing protests. The City’s brief requests that the Court grant the Governor’s request for a temporary restraining order to immediately remove military forces from Los Angeles. Democracy Defenders Fund is serving as co-counsel with the Los Angeles City Attorney.

The City maintains that the Los Angeles Police Department (LAPD) is more than capable of managing peaceful demonstrations and responding to public unrest. It has, after all, done so for decades. Further, the brief notes that the presence of federal troops has only exacerbated tensions, not calmed them. Federal troops have caused skirmishes and disrupted operations that the LAPD could have handled without military involvement.

“The City made clear that it has a critical interest in ensuring the safety of its residents and in preserving their constitutional rights to peacefully assemble and speak freely,” said LA City Attorney Hydee Feldstein Soto. “Over the last few days, the City has worked tirelessly to quell violent outbursts while maintaining a space for its residents to exercise their First Amendment rights — just as it has done throughout its history. I am proud of our City’s consistent protection of our residents and have every confidence in our LAPD and other local law enforcement agencies to manage the situation.”

The City also argues that President Trump's memorandum fails to meet the specific requirements needed to invoke 10 U.S.C. § 12406, the provision he used to federalize the National Guard. Additionally, the brief asserts that the court has the authority to determine that no "rebellion" exists in Los Angeles.

“The federal government’s deployment of the military in Los Angeles is an outrageous overstep aimed at creating conflict and chaos,” said Amb. Norm Eisen (ret.), executive chair and founder of Democracy Defenders Fund. "We trust the court will put a stop to this and restore local control, so the City can protect its residents and their rights."

The amicus brief is available here.