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LA protests: Can Trump arrest California Governor Gavin Newsom?
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LA protests: Can Trump arrest California Governor Gavin Newsom?

FP Explainers • June 10, 2025, 17:02:41 IST
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A war of words between US President Donald Trump and California Governor Gavin Newsom has spiralled into one of the most intense federal-versus-state showdowns. As protests erupt in Los Angeles following controversial immigration enforcement actions, Trump has not only deployed National Guard troops without the state’s consent but also suggested arresting Newsom

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LA protests: Can Trump arrest California Governor Gavin Newsom?
Governor of California Gavin Newsom speaks next to US President Donald Trump upon Trump's arrival to tour areas impacted or destroyed by the southern California wildfires, at Los Angeles International Airport in Los Angeles, California, US, January 24, 2025. File Image/Reuters

As protests flare across Los Angeles in response to federal immigration enforcement actions, the conflict between United States President Donald Trump and California Governor Gavin Newsom has escalated with Trump openly supporting the idea of arresting the sitting governor.

What led to the Trump-Newsom clash

The immediate flashpoint was a wave of federal immigration raids in Los Angeles, which triggered scattered protests on Friday. Protesters clashed with law enforcement, and incidents of property damage were reported.

Some demonstrators were seen waving Mexican flags and engaging in confrontations with police. According to officials, these protests were a direct response to Immigration and Customs Enforcement (ICE) activity in the city.

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That same day, California Governor Gavin Newsom spoke to Trump in what was described by Newsom as a “very cordial” 40-minute phone call. According to the governor, the president made no mention of any forthcoming federal intervention during that conversation.

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Within 24 hours, however, the president took a dramatic step, ordering the deployment of thousands of National Guard troops to California without any formal request from the state.

The move was a rare federal action not seen in decades and appeared to disregard standard protocol requiring state approval for such deployments.

Additionally, about 700 Marines have also been sent to Los Angeles to reinforce the federal response until more Guard members could arrive.

Newsom and his administration immediately criticised the decision. The governor responded with a lawsuit, challenging the legality of the troop deployment.

“The level of escalation is completely unwarranted, uncalled for, and unprecedented,” said a statement from Newsom’s office.

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Local authorities added that the presence of federal troops could worsen tensions, arguing that California’s law enforcement agencies were capable of handling the situation.

How Trump threatened Newsom with an arrest

On Saturday, former ICE director and current White House "border czar" Tom Homan made remarks suggesting that elected officials who obstruct ICE enforcement could face legal consequences.

In a conversation with NBC News, Homan stated that if anyone — including Governor Newsom or Los Angeles Mayor Karen Bass — “crossed the line,” they could be subject to prosecution.

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While he didn’t say that arrests were imminent, he pointed out that, “If you commit a crime against ICE officers, we will seek prosecution.”

The rhetoric intensified further when Trump, at the White House on Monday and openly supported the idea of Newsom being arrested. “I would do it if I were Tom. I think it’s great. Gavin likes the publicity but I think it would be a great thing,” the president told reporters.

When pressed about the alleged crime Newsom had committed, Trump replied, “I think his primary crime is running for governor because he’s done such a bad job.”

Later that day, Trump also called Newsom “incompetent” and accused him of mishandling the situation in the state.

Newsom responded to the president’s remarks with firm defiance, stating, “Come and get me, tough guy.” In a post on X, he wrote, “I don’t care if you’re a Democrat or a Republican—this is a line we cannot cross as a nation. This is an unmistakable step toward authoritarianism.”

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California Attorney General Rob Bonta dismissed the arrest talk at a press conference, describing it as, “just more talk, more bluff, more bluster, more threats.”

However, Homan sought to clarify the administration’s position in an interview with CBS News, saying, “There’s no intention to arrest the governor right now. I don’t know if he crossed that line.”

He further noted that the matter would ultimately fall under the jurisdiction of the US Justice Department, not his office.

Why Trump & Newsom clashing is not new

The confrontation between Trump and Newsom is not new. The two leaders have clashed repeatedly over immigration policy, environmental regulations, public safety and LGBTQ+ rights.

During Trump’s earlier presidency, the pair frequently criticised each other publicly. Trump has time and again derogatorily referred to Newsom as “Newscum,” while Newsom vowed to “Trump-proof” California after Trump’s 2016 election win.

Despite their differences, Newsom had previously made gestures of conciliation. In January, for instance, he greeted the president during a visit to California following severe wildfires.

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He also launched a podcast that featured interviews with prominent Trump allies such as Steve Bannon and Charlie Kirk, in a move interpreted by some Democrats as a strategic effort to engage with the political right.

Newsom has also diverged from mainstream Democratic positions when he publicly criticised the inclusion of transgender athletes in girls’ sports competitions.

His approach seemed to reflect an attempt to carefully balance his leadership in California with potential national ambitions.

But Trump’s surprise decision to deploy the military without consulting the state appears to have ended any hopes for cooperation.

Newsom said on MSNBC, “I’ve always wanted to approach engagement with the president of the United States in a respectful and responsible way. But there’s no working with the president, there’s only working for him – and I will never work for Donald Trump.”

Can a sitting governor be arrested by a president?

Legally, the notion of a president ordering the arrest of a sitting governor is largely without precedent and sits in murky constitutional territory.

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Under the US Constitution, states possess significant autonomy, and governors are not directly subordinate to the president.

Any criminal prosecution of a state official would typically have to proceed through the Department of Justice and follow due legal process, including investigation, indictment and trial.

While federal authorities can investigate and prosecute state officials for violations of federal law, there is no historical example of a sitting US president ordering the arrest of a governor for opposing federal enforcement efforts.

Any such move without clear legal grounds could trigger a constitutional crisis and provoke significant pushback in the courts.

In this case, the administration has not presented any formal charges or legal complaints against Newsom. Homan himself admitted that no line had yet been crossed that would justify arrest.

Newsom’s lawsuit argues that the federal deployment of troops was not only illegal but dangerous, setting a precedent that undermines state sovereignty.

Why this puts Newsom in a dilemma

Newsom’s handling of the situation is under intense scrutiny, particularly in the context of his widely anticipated run for the presidency in 2028.

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As the governor of a state often caricatured by Trump as a haven of “lawlessness,” Newsom must tread a fine line between resisting federal overreach and maintaining an image of control and leadership.

“Balancing your state’s needs and working with President Trump, if you’re a Democratic governor, is always going to be a delicate act,” Democratic communications strategist Chris Meagher told Reuters.

“I think the more that Governor Newsom can keep his head down and do the work and show that he has the situation under control, the better off that he’s going to be.”

Others believe that Newsom can no longer afford to remain measured. “He has no choice but to fight back directly — the base is demanding it,” Mike Madrid, a Republican consultant and frequent Trump critic told The New York Times. “I think his tone, direction, strategy will adjust.”

For Democratic voters and party leaders, Newsom’s stance may serve as a litmus test for how future Democratic candidates should handle Trump’s provocations.

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Yet political strategist Steven Maviglio highlighted the governor’s challenge: “He’s serving his own ambitions as well as the state of California, and those two things don’t often coincide. It’s a dilemma for Newsom.”

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With inputs from agencies

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