California Governor Gavin Newsom (R) speaks as California Attorney General Rob Bonta looks on during a news conference at Gemperle Orchard on Apr. 16, 2025, in Ceres, California. (Justin Sullivan/Getty Images)
Newsom alleged in the lawsuit that Trump made an "unprecedented power grab" by mobilizing the National Guard in his state, a highly unusual move for a president to do without the consent of the governor.
Trump has said the move was necessary to protect ICE personnel and federal buildings as some protesters engaged in unlawful assembly and pelted law enforcement with concrete bottles and other hard objects.
After the National Guard proclamation, more unrest broke out in parts of the county involving rioters setting fire to several self-driving cars and looting some stores. Newsom alleged Trump's decision to send in the military spurred more chaos.
NATIONAL GUARD DEPLOYS TO LOS ANGELES AS VIOLENT ANTI-ICE RIOTS ROCK THE CITY
Supreme Court Associate Justice Stephen Breyer holds up a copy of the United States Constitution as he announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. (AP Photo/Andrew Harnik, File) (AP Newsroom)
Federal court cases in the Northern District of California are assigned by the Clerk of the Court "blindly and at random" through an automated system, according to the court's website.
Fox News Digital reached out to Charles Breyer's chambers for comment on his assignment.
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The news of Charles Breyer presiding over the case comes as some Republicans have floated the theory that Judge James Boasberg in Washington, D.C., secretly took on Trump cases to sabotage them in favor of plaintiffs.
Boasberg directly addressed the claims during a court hearing, saying his assignments, like most others in the court, were randomly assigned by a computer.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/retired-justice-stephen-breyers-brother-assigned-newsom-national-guard-lawsuit