Fact check: What powers does the California Governor have to deploy National Guard during civil unrest?

1. Summary of the results

Under normal circumstances, the California Governor has primary authority to deploy the National Guard within the state. However, there is a significant federal override provision under 10 U.S.C. 12406 that allows the President to federalize National Guard troops in cases of potential rebellion or to execute federal laws ^[1]. This provision was recently invoked by President Trump to deploy 2,000 National Guard troops for 60 days, bypassing Governor Newsom's authority ^[2].

2. Missing context/alternative viewpoints

Several crucial contextual elements need to be considered:

• This federal intervention is historically significant - it's the first time since 1965 that a president has activated a state's National Guard without the governor's request ^[1].
• Local authorities had already successfully de-escalated the situation before federal intervention ^[3], with Governor Newsom asserting that local law enforcement needs were fully covered ^[4].
• The California Emergency Services Act grants the governor broad emergency powers, though it doesn't specifically address scenarios of federal intervention ^[5].
• Constitutional law experts, including Erwin Chemerinsky, have warned this could set a dangerous precedent for using military forces domestically to suppress dissent ^[2].

3. Potential misinformation/bias in the original statement

The original question oversimplifies a complex legal and political situation. Several competing narratives are at play:

• White House Narrative: The administration cites "escalating attacks on law enforcement" and threats to federal immigration detention facilities to justify the deployment ^{[6] [2]}.
• State Government Narrative: Governor Newsom characterizes the intervention as "purposefully inflammatory" and an attempt to "manufacture a crisis" ^{[4] [6]}.
• Political Context: The deployment appears to be part of a broader political tension between Trump's administration and California, particularly regarding immigration enforcement ^[6].

This situation demonstrates how federal and state powers can come into conflict, with both sides potentially using legal authorities to advance political objectives.