LOS ANGELES, CA — On Sunday, the City of Los Angeles submitted an amicus curiae brief in the United States Court Of Appeals for the Ninth Circuit in Newsom v. Trump, urging the Court to reject the federal government’s attempt to prolong its unlawful military occupation of the city. Backed by Democracy Defenders Fund as co-counsel, Los Angeles requests the Court to let the District Court’s temporary restraining order take full effect—compelling the federal government to withdraw the National Guard and remove all military forces from Los Angeles without delay.

In no uncertain terms, the City affirms that Los Angeles Police Department (LAPD) is fully capable of managing peaceful demonstrations and responding to public unrest. Rather than restoring calm, the presence of federal troops has inflamed tensions, escalated conflict, and obstructed LAPD operations that were already under control.

“Los Angeles supports free speech, free assembly and all of our constitutionally guaranteed rights,” said LA City Attorney Hydee Feldstein Soto. “The disturbances and violent acts by a few, particularly those who have travelled to our City to commit crimes and incite violence, cannot be permitted to silence the many. The disturbances during these protests have been limited in area, scope and size and well within the purview of local law enforcement. There is no basis for the illegal deployment of troops to our City and Los Angeles is not a military training or combat zone.”

The City also argues that President invocation of 10 U.S.C. § 12406—the statutory provision used to federalize the California National Guard—fails on both factual and legal grounds. That statute authorizes federal intervention only in response to a “rebellion”, a term with a precise historical and legal meaning: an armed, organized, avowed effort to overthrow civil authority. No such conditions exist in Los Angeles.

“The deployment of military forces in Los Angeles continues to represent an unprecedented escalation that threatens public safety and undermines our fundamental freedoms,” said Amb. Norm Eisen (ret.), executive chair and founder of Democracy Defenders Fund. “The Government’s request for a stay lacks merit and would only prolong an already damaging situation, further diminishing the City's ability to protect its residents and uphold their constitutional rights. We urge the Court to act decisively and allow the City to focus on its critical responsibilities”

The brief is available here:

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state, and local allies across the country to defend in real-time the foundations of our democracy.