Who’s Really in Charge? Legal Expert Josh Kolsrud Explains the Constitutional Showdown Amid Los Angeles Riots

As protests rage across Los Angeles and the eyes of the country turn to California, the question of “Who’s in charge?” is as complicated as ever. Defense attorney Josh Kolsrud, a frequent Fox 10 News guest and noted legal analyst, recently joined the morning show to provide his expert perspective on the evolving legal standoff between California state officials and the federal government.

A Historic Power Clash

Kolsrud highlighted the unprecedented nature of the situation: for the first time in 60 years, a president—Donald Trump—has taken command of a state’s National Guard without being invited by the governor. As Kolsrud explained, “President Trump has done something unprecedented… he’s taken control over the California National Guard for the first time in history where a governor really hasn’t asked for any help.”

This unilateral move raises grave constitutional questions, thrusting the 10th Amendment—which underpins states’ rights—against the federal government’s emergency powers under the Insurrection Act. California Governor Gavin Newsom and Los Angeles Mayor Karen Bass have both condemned the uninvited mobilization of federal troops, arguing that it has only “escalated and incited more tension.”

Is This a Constitutional Crisis?

The segment dove deeply into the heart of the matter: does the President have the authority to “federalize” a state’s National Guard in this way? As Kolsrud put it: “There definitely is a state sovereignty issue... Gavin Newsom wants to be in charge of his own National Guard.” If the situation does not meet the threshold for invoking the Insurrection Act, Kolsrud warned, President Trump could face political and possibly legal repercussions—even threats of impeachment.

In classic law school fashion, Kolsrud weighed both sides. One side will claim presidential overreach, violating longstanding protections against federal interference in domestic law enforcement (such as the Posse Comitatus Act). The other side, he said, “will say there are riots in the streets and the governor of California is doing absolutely nothing to stop them, people are suffering and pleading for help.”

The Rights of the People

Kolsrud took time to reassure viewers about their civil liberties. “Just because President Trump uses the National Guard does not mean they can just come into your homes and raid your homes and look for people—they have to have a warrant, and not just any type of warrant, it has to be a judicial warrant signed by a judge. If it’s not, you don’t have to answer the door.”

Moreover, even under federal deployment, due process remains intact: “They can’t just start arresting people without probable cause that they’ve actually committed a crime.”

What Happens Next?

A major concern for many is: what now? Kolsrud reflected on the historical precedents, famously referencing President Andrew Jackson’s disregard for the Supreme Court during the Trail of Tears. “Can the judiciary do anything physically to stop Trump? No. But what Trump has said… is that he intends to follow what the judicial branch says—so until he does otherwise, we have to kind of wait and see.”

Kolsrud cautioned that if the courts rule against Trump’s actions, but the executive branch doesn’t comply, the country could find itself in an even deeper constitutional crisis. And if the legal questions go all the way to the Supreme Court, “this [case] will go to the Supreme Court much faster than other cases, because it's unprecedented.”

Did Federal Troops Help or Hurt?

On the ground, the deployment of National Guard troops has been a double-edged sword. “If you live in LA, especially in the area where the National Guard has been deployed, I think they’re going to have a sigh of relief that at least somebody is out there trying to stop this… In an emergency, you just want the emergency to stop,” Kolsrud said. Yet, he also acknowledged that federal involvement may have escalated tensions.

Kolsrud stressed that effective de-escalation requires working with community leaders and protest organizers: “Whatever message they’re trying to convey here, it’s not going to work with violence… you have to get the violence under control… law enforcement owes it to the citizens to do that.”

Looking Ahead

As new protests break out in cities like San Francisco, Kolsrud made it clear this isn’t just a California issue, but a national one with potentially lasting consequences for the relationship between states and the federal government.

His key takeaway for viewers: Know your rights, demand due process, and stay vigilant as both legal and political battles play out over who truly has the authority during times of unrest.