() A legal battle continues between California Gov. Gavin Newsom and President Donald Trump over the decision to bring in the National Guard.

On Tuesday, Newsom asked a federal judge to intervene and limit Trump’s deployment of the National Guard troops in Los Angeles. U.S. District Judge Charles Breyer denied the request but scheduled a hearing for Thursday in order to give the Trump administration more time to respond to Newsom’s filing.

To justify sending the troops to Los Angeles, Trump cited Title 10 of the U.S. Code, which allows the president to “call into federal service members and units of the National Guard of any state in such numbers as he considers necessary” when there is a rebellion, an invasion or the danger of either happening.

Newsom did not request troops in LA, and the state’s lawsuit says there was neither a “rebellion” nor an “invasion,” and that there was no possibility of either happening.

Jim Trusty, a former attorney for Trump, told ‘s Chris Cuomo it’s unlikely that the state of California wins the lawsuit because Title 10 says even if a state’s governor says no to the deployment of troops, the U.S. president can still do so.

“Protecting federal property is the hook here,” Trusty said. “There were protests that just weren’t on the streets of LA, but at an ICE headquarters building and a detention facility. There’s your justification.”

Trusty added that it’s also unlikely that Trump’s “they spit, we hit” post on Truth Social will have any effect on the case, because of the straightforwardness of the Title 10 issue.