Fact Check: The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard.

Fact Check: "The lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard."

What We Know

The claim centers around a lawsuit filed by California Governor Gavin Newsom and Attorney General Rob Bonta against President Trump and the Department of Defense regarding the federalization of the California National Guard (CalGuard). The lawsuit asserts that the actions taken by President Trump violated both the U.S. Constitution and federal law, specifically citing 10 U.S.C. § 12406, which mandates that the President must obtain the consent of state governors before federalizing National Guard units (source-1, source-2).

The lawsuit argues that the President's order to federalize the National Guard without the Governor's consent is not only illegal but also undermines state sovereignty. It highlights that the federal government must coordinate with state governors when issuing such orders, a requirement that was allegedly ignored in this instance (source-4, source-5).

Analysis

The sources supporting this claim are credible and provide a clear legal basis for the assertion. The lawsuit itself, as reported in multiple outlets, explicitly states that 10 U.S.C. § 12406 requires the President to go through state governors when issuing orders to the National Guard (source-1, source-4). Additionally, high-ranking military officials have echoed this sentiment, stating that the President's actions were illegal and posed risks to state sovereignty (source-3).

The reliability of these sources is strong, as they include official statements from state officials and legal interpretations of federal law. Furthermore, the legal framework surrounding the National Guard's federalization is well established, making the arguments presented in the lawsuit and related reports credible.

However, it is important to note that the interpretation of the law can sometimes be contentious, and there may be differing opinions on the necessity of federal intervention in certain situations. Nonetheless, the lawsuit's claim that the President must coordinate with governors is firmly grounded in statutory law.

Conclusion

The claim that "the lawsuit argued that Title 10 also requires that the president go through governors when issuing orders to the National Guard" is True. The legal framework established by 10 U.S.C. § 12406 clearly stipulates the requirement for presidential coordination with state governors, which was allegedly bypassed in this case. The lawsuit filed by Governor Newsom and Attorney General Bonta supports this assertion with legal precedent and interpretations from credible sources.

Sources

1. Governor Newsom suing President Trump and Department of ...
2. 10 U.S. Code § 12406 - National Guard in Federal service: call
3. High-ranking U.S. military officials agree: Trump's takeover of ...
4. Appeals court temporarily blocks judge's ruling to return ...
5. Does US law allow Trump to send troops to quell protests?
6. The Governor's Role in Federalizing the National Guard ...
7. Trump broke the law and must return control of National Guard to New…
8. Appeals court temporarily blocks judge's ruling to return ...