Governor Newsom’s office reminds Bondi of ethical obligations for U.S. Department of Justice lawyers

In 2019, the Ninth Circuit upheld California law in the face of a lawsuit by the Trump Administration – United States v. California. The Court held that Senate Bill 54 is not preempted by federal law, concluding that states have the right, under the Tenth Amendment and its anti-commandeering rule, to decline to adopt or enforce federal policies under state law or with their own resources.

Today’s letter observed that threatening to pursue prosecutions in California while United States v. California and a subsequent case decided in 2020 remain binding legal precedent in California could be seen as malicious prosecution. 

Bound by professional conduct

Today’s letter also explained that California’s Rules of Professional Conduct generally prohibit lawyers from bringing a claim or a position in litigation without probable cause and for the purpose of harassing or injuring a person. Initiating criminal prosecution for conduct that the courts have expressly found to be lawful – which AG Bondi’s August 13 letter implicitly threatened – would likely violate these ethical obligations.   

Any California-licensed US DOJ attorney involved in threatening or initiating such a prosecution in California may therefore risk facing an ethics complaint to the California State Bar.

The reality about California law

State law does not impede criminal investigations or sharing of information about an individual’s criminal history. California does not interfere with the federal government’s authority to enforce federal immigration laws with federal resources. To that end, since 2019, the California Department of Corrections and Rehabilitation (CDCR) has coordinated with ICE on more than 11,300 cases — including individuals convicted of murder, rape, child molestation, and other felonies. 

State law prioritizes public safety by allowing coordination with ICE for people convicted of, or who are facing, credible charges around violent or serious felonies or other crimes that threaten public safety. State law helps ensure that all Californians are not scared of reporting crimes to the police, such as victims of human trafficking or domestic violence, and that local law enforcement cooperates with federal law enforcement to protect public safety.

At the local level, there are more than 30 crimes – serious, violent, specific and other categories – that allow communication and coordination for federal immigration enforcement purposes. 

Trump’s misuse of federal agents at public event

On Sunday, Governor Newsom announced he filed a formal request for information about the Trump Administration’s recent action and role in directing federal law enforcement and military personnel in what appeared to be an operation intended to intimidate those defending a fair electoral process and who Trump perceives as potential political threats.

Trump’s illegal National Guard deployment

Earlier this month, Governor Gavin Newsom announced he’s requesting the federal government provide the total cost to taxpayers for this unlawful deployment. Through the federal Freedom of Information Act, the Governor’s Office is requesting all documents and records to identify the total expenses incurred to activate the U.S. Marines and federalize the National Guard since June 7.

Economic impact of this Trump’s theater

The military deployment and subsequent immigration raids are costing taxpayers millions and harming California’s economy. Private sector work attendance is down 3.1%, a drop comparable only to COVID-19 lockdown levels. Trump’s actions, including global tariffs and immigration raids, are expected to contract California’s economy later this year, impacting construction, hospitality, and agriculture, per a UCLA Anderson forecast.

Mass arrests, detentions, and deportations in California could cost the state’s economy $275 billion and eliminate $23 billion in annual tax revenue. The loss of immigrant workers, including undocumented individuals and those losing lawful status, would hinder projects (like rebuilding Los Angeles after wildfires), reduce food supply, and increase costs. In 2022, undocumented immigrants contributed $8.5 billion in state and local taxes, a figure that would rise to $10.3 billion if they could work lawfully.