Attorney General Bonta Issues Statement Ahead of Oregon District Court Trial on Federalization and Deployment of National Guard

OAKLAND - California Attorney General Rob Bonta today issued a statement on the eve of trial in the U.S. District Court for the District of Oregon in Oregon v. Trump. Attorney General Bonta joined Oregon's lawsuit following the Trump Administration's attempt to deploy federalized California National Guard troops to Portland, Oregon. Beginning tomorrow, attorneys for the California Department of Justice, Oregon Department of Justice, and Portland City Attorney's Office will present evidence and argue in court that the federalization and deployment of the Oregon National Guard and the cross-state deployment of the California National Guard to Portland violates the Tenth Amendment of the U.S. Constitution, is ultra vires, and should be permanently enjoined.

"President Trump is misapplying the law and misusing the power of the executive. If he has his way, he would remake America into a military state, with an army that answers to no one but him," said Attorney General Bonta. "California's National Guard members have been subject to the political whims of this President for too long. It's time for them to come home. We look forward to making our case in court - the facts and the law are on our side, and and we are confident that the court will agree."

The trial will begin tomorrow, October 29, 2025 at 9:00 AM PT. A copy of the pre-trial brief can be found here.

BACKGROUND

Attorney General Bonta is committed to holding President Trump and his Administration accountable for overreaching their authority under the law and infringing on Californians' constitutional rights. In June, Attorney General Bonta and Governor Newsom filed a lawsuit challenging the Trump Administration's unlawful orders to federalize the California National Guard and utilize National Guard troops for civilian law enforcement in Los Angeles in violation of the Posse Comitatus Act. That same week, the U.S. District Court for the Northern District of California granted California emergency relief, blocking the federalization order and returning command of the California National Guard to Governor Newsom; that order is currently stayed by the Ninth Circuit pending appeal.

In August, the Attorney General's Office presented evidence of Posse Comitatus Act violations during a three-day trial before the U.S. District Court for the Northern District of California. The Court subsequently granted a permanent injunction enjoining the Trump Administration from engaging in the same or similar activity in the future. The Court's order is temporarily paused while the Ninth Circuit considers the federal government's motion for a stay.

Earlier this month, Attorney General Bonta joined Oregon Attorney General Dan Rayfield in asking for, and subsequently securing, an order from the U.S. District Court for the District of Oregon blocking the Trump Administration's deployment of federalized California National Guard troops to Portland, Oregon. He also submitted new filings to the Ninth Circuit highlighting significant changes to the facts on the ground since June that undermine the Trump Administration's arguments for staying the Northern California District Court's orders, including its deployment of federalized California National Guard troops to Portland, and later, to Chicago.

Attorney General Bonta has previously supported Illinois Attorney General Kwame Raoul's, Oregon Attorney General Dan Rayfield's and D.C. Attorney General Brian Schwalb's lawsuits challenging the Trump Administration's unlawful deployment of National Guard troops to their cities. Last week, Attorney General Bonta filed an amicus brief in the U.S. Supreme Court in Trump v. Illinois opposing the Trump Administration's nearly limitless conception of presidential authority to federalize the National Guard and the activities those troops can engage in.