A MARTÍNEZ, HOST:
California was a thorn in Donald Trump's side during his first White House term. The state's democratic leader sued the federal government more than 100 times. Now, California's protections for reproductive rights, gun control and immigration could be tested once again with a more conservative U.S. Supreme Court. California's Democratic Attorney General Rob Bonta, told me his office is ready.
ROB BONTA: He's been signaling and telegraphing what he's going to do. That's helpful for us because we can analyze his planned actions ahead of time and do the appropriate review with respect to the Constitution and other legal frameworks that he must follow. As the president of the United States, of course, Donald Trump will have a great deal of authority but it's not unlimited. There are many checks and balances, processes he needs to follow, budgetary pathways he can use and not use. So our role will be to ensure that anything and everything that he's doing is lawful.
MARTÍNEZ: Why shouldn't state and local governments cooperate with the presidential administration on a federal matter such as immigration and border security? I mean, California - as are the other 49 states - Attorney General, are a smaller part of the larger United States. So why shouldn't state and local governments cooperate?
BONTA: Well, some may and some may not. Our system is built on states exercising their rights - having great rights to protect the safety, health, and welfare of their people to take differences in views and approaches and opinions from the federal government. So there's no rubber stamping, there's no falling in line. If we agree and we share the same values and we want to work together, we can and we will. If we don't, we will chart our own path. California has charted a different path when it comes to immigration enforcement - civil immigration enforcement. We are a sanctuary state. We have the California Values Act (SB 54), where law enforcement agencies in California are prohibited - under most cases with some exceptions - from cooperating with the federal government in civil immigration enforcement. That's the choice we've made. Other states have made the same choice, and that's what makes American democracy what it is.
MARTÍNEZ: Now, the president-elect's incoming border chief, Tom Homan has said that he will prosecute any official who obstructs the Trump administration's enforcement of immigration law. Attorney General, how are you planning to handle that if, indeed, that showdown occurs?
BONTA: We are fully within our rights under the Tenth Amendment to take the position that we've taken in California with respect to our Sanctuary State Act to not participate in civil immigration enforcement. It's the law of the state of California. It has not been struck down. In fact, it's been upheld in response to a challenge from the federal government, and we have a constitutional right and authority to take the position that we have. It's fully lawful, and we're going to maintain it.
MARTÍNEZ: If, indeed, you wind up going to court against a Trump administration - courts now are a lot more conservative than they were during the first Trump administration - how concerned are you about the prospects of lawsuits challenging the administration in a scenario where maybe you won't find as many courts or judges that are liberal-leaning - left-leaning?
BONTA: Any court that is fair, that reviews the facts and our legal arguments, we feel very confident in. Regardless of who appointed the judge, regardless of whether they're characterized as conservative or liberal, we just seek fairness. Most cases never get to the U.S. Supreme Court. They're decided by lower federal courts. I think there's a ton of outstanding judges and courts throughout the nation that will review our cases on the merits, be fair, make decisions based on the facts and the law, and let the chips fall where they may. And if we get that, we feel very confident in what the outcomes will be.
MARTÍNEZ: Now, this is the second Trump administration, obviously. So what did California's leaders learn from the first administration that can be applied here again?
BONTA: One of the things that we learned is that it is absolutely critical that there be watchdogs at the ready. The executive power of the president is robust, but not unlimited. We have stopped him from many unlawful actions under Trump 1.0, and we expect him to continue to seek to break the law in Trump 2.0. And we will be there to stop him when he does, and we will be there to protect the rights and freedoms, health, safety, and welfare of the people of California.
MARTÍNEZ: That is California Attorney General, Rob Bonta. Thank you very much for speaking with us.
BONTA: Thank you for having me.
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