E-Paper
Can Donald Trump call for Gov Newsom's arrest over LA riots? Here's what the law says
President Donald Trump on Monday suggested his border czar Tom Homan should arrest Gov Gavin Newsom amid riots in Los Angeles.
President Donald Trump on Monday suggested his border czar Tom Homan should arrest Gov Gavin Newsom amid riots in Los Angeles.
“I would do it … I think it would be a great thing,” Trump responded when asked if Homan should arrest the governor, who has challenged the administration’s mobilization of National Guard in LA.
Newsom, too, was quick to slam Trump. "The President of the United States just called for the arrest of a sitting Governor. This is a day I hoped I would never see in America," he said on X, platform formerly known as Twitter.
Read More: Los Angeles protests: 'Incendiary devices' hurled at police horses, says LAPD
Can Donald Trump arrest California Governor Gavin Newsom?
No, Trump cannot unilaterally arrest Gov Newsom over riots in Los Angeles. The US Constitution and legal system have clear checks and balances that prevent a former president—or even a sitting president—from directly arresting state officials without due process.
Here’s why Trump is barred
Separation of Powers (Article II & III of the Constitution)
The president does not have the judicial authority to issue warrants. Only law enforcement, backed by court orders, can detain someone. Any attempt to arrest Newsom without due process would violate the Fifth and Fourteenth Amendments, which guarantee fair legal procedures.
State Sovereignty – Tenth Amendment
Under the US system of federalism, states like California retain control over their own officials and law enforcement. The president cannot interfere in state governance unless federal law is violated and due process is followed.
Read More: After tear gas and street fires, an Los Angeles community cleans up as National Guard troops arrive
Military Limitations – The Posse Comitatus Act (18 US Code § 1385)
This law forbids the use of the US military to carry out domestic law enforcement activities without explicit congressional authorization. Even in times of civil unrest, the president cannot use the military to detain or arrest state leaders like Newsom.
No Legal Authority Post-Presidency
As a former president, Trump has no legal powers—executive, military, or judicial. He cannot issue federal commands or make arrests.
