Top constitutional scholar Alan Dershowitz is throwing cold water on California Governor Gavin Newsom’s latest legal stunt aimed at stopping President Trump from deploying National Guard troops in Los Angeles.
“The Supreme Court will not second-guess the President of the United States on this issue,” Dershowitz said Monday on The Dershow.
The lawsuit, filed by Newsom and Democratic Attorney General Rob Bonta, came after Trump sent troops in to restore order following violent riots sparked by an ICE raid at a Home Depot. But Dershowitz says the legal effort is DOA at the Supreme Court.
“THERE WERE FIREBOMBINGS. ROCKS. ATTACKS ON ICE.”
Dershowitz didn’t hold back on the violence that prompted Trump’s response:
“Let’s be clear, there was violence. You can see it on television — bombings, fire bombings, Teslas burning. Rocks thrown at ICE officers. Threats against their families. Was it a full-blown insurrection? No. But it was serious enough.”
Amid escalating attacks on federal officers — including a viral video of a suspect smashing ICE vehicles with rocks — Trump upped the pressure, sending in 700 additional U.S. Marines to support the Guard in LA. The FBI is offering $50,000 for info on the helmeted attacker.
POSSE COMITATUS? NOT SO FAST.
Newsom’s lawsuit hinges on the 1878 Posse Comitatus Act, which bars the military from engaging in domestic law enforcement. But Dershowitz explained: that’s not what Trump did.
“Trump didn’t order the military to enforce immigration law. He ordered them to protect federal property and agents — which is fully within his constitutional powers.”
In fact, Trump’s legal team is expected to argue that the deployment mirrors past federal interventions, including National Guard use during the Civil Rights era — actions that the Supreme Court upheld.
DERSHOWITZ: “LAWSUIT WILL FAIL.”
“It’ll work in the federal district court — Newsom will find a friendly judge. Maybe even get an injunction. But once it gets to the Supreme Court? They’ll shut it down.”
Dershowitz predicted the high court will rule that “the judiciary cannot interfere with the discretionary judgment of the president” — especially not when national security and federal personnel are at risk.
BOTTOM LINE:
Newsom’s lawsuit is political theater, and according to one of the nation’s leading legal minds, it’s headed for defeat. As violence continues and tensions rise, Trump is standing firm — and so far, the Constitution is on his side.
“Commander-in-Chief means something,” Dershowitz concluded.
https://www.youtube.com/watch?v=MqKILjqnzPQ
