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NEW: California files an emergency motion for a temporary restraining order to stop the Trump admin from using "the federalized California National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city." storage.courtlistener.com/recap/gov.us...
TABLE OF CONTENTS Introduction. Statement of Facts Federal Immigration Enforcement Actions In Los Angeles II. III. Local Authorities Respond and Manage Conditions. The President, Without the Governor's Consent, Federalizes 4,000 California National Guard Troops And Mobilizes Additional U.S. Marines. Current Status of Protests and National Guard Deployment. IV. Legal Standard Argument I. Page 1 3 3 4 II. III. Plaintiffs Are Likely To Succeed on the Merits, And At A Minimum, Plaintiffs Present Serious Questions Going to the Merits A. The Section 12406 Federalization Orders are Unlawful There were no conditions in California that would allow invocation of Section 12406 2. The Governor did not issue the federalization order. B. The Orders are a substantial intrusion into the State of California's police powers. C. The Military's Threatened Law Enforcement Activities Will Violate the Posse Comitatus Act. The federalized National Guard and the Marines Corps are subject to the Posse Comitatus Act There is a substantial likelihood that the National Guard and Marines will engage in activities that "amount to direct active involvement in the execution of the laws" There is a Grave Risk of Imminent, Irreparable harm The Public Interest and Balance of Equities Tip Sharply in Favor of A TRO

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in reply to Joshua J. Friedman

Joshua J. Friedman
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Joshua J. Friedman
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Here are the two Hegseth memos purporting to order first 2,000 and then an additional 2,000 members of the California National Guard into federal service for 60 days. storage.courtlistener.com/recap/gov.us...
MEMORANDUM FOR ADJUTANT GENERAL OF THE CALIFORNIA NATIONAL GUARD THROUGH: THE GOVERNOR OF CALIFORNIA SUBJECT: Calling Members of the California National Guard into Federal Service The President of the United States has called forth at least 2000 National Guard personnel into Federal service pursuant to section 12406 of title 10, U.S. Code, to temporarily protect U.S. Immigration and Customs Enforcement and other U.S. Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat asscssments and planned operations. The President signed a copy of the attached memorandum today to effectuate the calling forth of these Service This memorandum implements the President's direction. Two thousand members of the California National Guard will be called into Federal service effective immediately for a period of 60 days. The Chief of the National Guard Bureau will immediately coordinate the details of the mobilization with the Adjutant General of the California National Guard, in coordination with the Chairman of the Joint Chiefs of Staff and Commander. U.S. Northem Command. The mobilized Service members will be under the command and control of the Commander, U.S. Northern Command.
MEMORANDUM FOR ADJUTANT GENERAL OF THE CALIFORNIA NATIONAL GUARD THROUGH: THE GOVERNOR OF CALIFORNIA SUBJECT: Calling Additional Members of the California National Guard into Federal Service On June 7, 2025, the President of the United States called forth at least 2,000 National Guard personnel into Federal service pursuant to section 12406 of title 10, U.S. Code, to temporarily protect U.S. Immigration and Customs Enforcement and other U.S. Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where protests against these functions are occurring or are likely to occur based on current threat assessments and planned operations. The President signed a copy of the attached memorandum to effectuate the calling forth of these Service members. Also on June 7, 2025, I implemented that order by directing 2,000 members of the California National Guard be called into Federal Service for a period of 60 days (see attached memorandum). This memorandum further implements the President's direction. An additional 2,000 members of the California National Guard will be called into Federal service effective immediately for a period of 60 days. The Chief of the National Guard Bureau will immediately coordinate the details of the mobilization with the Adjutant General of the California National Guard, in coordination with the Chairman of the Joint Chiefs of Staff and Commander, U.S. Northern Command. The mobilized Service members will be under the command and control of the Commander, U.S. Northern Command.
in reply to Joshua J. Friedman

Joshua J. Friedman
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Joshua J. Friedman
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"This motion ... seeks narrow relief tailored to avoid irreparable harm to our communities and the rule of law that is likely to result if Defendants are allowed to proceed with their plans."
To preserve the peace, Plaintiffs respectfully urge the Court to grant the circumscribed emergency relief requested through this motion for a temporary restraining order, which will prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city. This motion does not seek to prevent any of those forces from protecting the safety of federal buildings or other real property owned or leased by the federal government, or federal personnel on such property. It instead seeks narrow relief tailored to avoid irreparable harm to our communities and the rule of law that is likely to result if Defendants are allowed to proceed with their plans to use Marines and federalized National Guard to enforce immigration laws and other civil laws on the streets of our cities.
in reply to Joshua J. Friedman

Joshua J. Friedman
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Joshua J. Friedman
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"In the United States, the police—and not the military—enforce the law."
MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION In the United States, the police and not the military— enforce the law. This bedrock principle flows from the Founding, finds expression in Acts of Congress, and lives at the core of our civil society. Ours is a Nation of laws, enforced through even-handed justice, and not ruled by military decree. But Defendants, including President Trump and Secretary of Defense Hegseth have sought to bring military personnel and a "warrior culture" to the streets of cities and towns where Americans work, go to school, and raise their families. Now, they have turned their sights on California with devastating consequences, setting a roadmap to follow across the country. Through a June 7 Presidential Memorandum and subsequent implementing orders, Defendants have seized control of 4,000 members of the California National Guard over the express objection of California's Governor and deployed them to Los Angeles, the largest county and second largest city in the country. Unsatisfied with this excessive and unnecessary show of force, Defendants have sent another 700 active-duty Marines into Los Angeles.
in reply to Joshua J. Friedman

Joshua J. Friedman
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Joshua J. Friedman
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Oh, wow, I'm only just seeing that Newsom is asking Judge Breyer for a TRO **within the next hour and a half**
As set forth in the accompanying Memorandum of Points and Authorities, a TRO is necessary by 1:00 p.m. on June 10, 2025, to prevent immediate and irreparable harm to Plaintiffs. Absent immediate injunctive relief, Defendants' use of the military and the federalized National Guard to patrol communities or otherwise engage in general law enforcement activities creates imminent harm to State Sovereignty, deprives the State of vital resources, escalates tensions and promotes (rather than quells) civil unrest. Accordingly, the Plaintiffs seek a TRO and preliminary injunction to preserve the status quo.
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