National Guard soldiers stand with shields as demonstrators protest outside a downtown jail in Los Angeles after two days of clashes with police during anti-ICE protests. (Spencer Platt/Getty Images)
"In a crass political stunt endangering American lives, the Governor of California seeks to use this Court to stop the President of the United States from exercising his lawful statutory and constitutional power to ensure that federal personnel and facilities are protected," the DOJ said. "But, under the Constitution, the President is the Commander in Chief of the armed forces, and the President is responsible for ensuring the protection of federal personnel and federal facilities."
Since Friday, violent rioters who object to ICE’s enforcement of immigration laws have targeted and damaged federal buildings, injured federal personnel and impeded federal functions, the DOJ said.
The Los Angeles Police Department (LAPD) and other state and local law enforcement officials have been unable to bring order to Los Angeles, the DOJ claimed.
FEDERAL JUDGE REFUSES TO BLOCK TRUMP'S LA NATIONAL GUARD DEPLOYMENT ON NEWSOM'S TIMEFRAME
California Gov. Gavin Newsom speaks as state Attorney General Rob Bonta looks on in Ceres, Calif. (Justin Sullivan/Getty Images)
The DOJ said California’s request would "countermand" the president’s military directives, which would be "unprecedented."
"On the merits, Plaintiffs’ claims are baseless," the DOJ said.
Newsom also claimed Trump never consulted with him before activating the National Guard, though the statute does not have such a requirement, the DOJ said.
"It merely directs, as a procedural matter, that the President’s orders be conveyed "through" the Governor," the DOJ wrote. "They were."
Historically, courts did not interfere when former President Dwight Eisenhower deployed the military to protect school desegregation, nor did they interfere when former President Richard Nixon deployed the military to deliver the mail during a postal strike.
Ultimately, the DOJ recommended the court deny California and Newsom’s motion for a temporary restraining order or preliminary injunction.
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A spokesperson for Newsom's office told Fox News Digital, "This is incorrect and the federal administration damn well knows it."
"President Trump continues to violate the U.S. Constitution and federal law by turning the military into his own personal police force against American citizens. As Governor Newsom said in his address to Californians and the American people yesterday, ‘Trump is pulling a military dragnet across LA, well beyond his stated intent to just go after violent and serious criminals,’" the spokesperson said.
"President Trump and members of the Trump administration have repeatedly and publicly declared that a takeover of the National Guard would be illegal and that it requires approval by the Governor."
Fox News' Kirill Clark and Ashley Oliver contributed to this report.
Greg Wehner is a breaking news reporter for Fox News Digital.
Story tips and ideas can be sent to Greg.Wehner@Fox.com and on Twitter @GregWehner.
https://www.foxnews.com/politics/doj-slams-newsoms-crass-political-stunt-trumps-call-up-national-guard-amid-la-anti-ice-riots